CANONS OF PROFESSIONAL ETHICHS

PREAMBLE

In the Philippines, where the

stability of courts and of all
departments of government
rests upon the approval of the
people, it is peculiarly
essential that the system for
establishing and dispensing
justice be developed to a high
point of efficiency and so
maintained that the public
shall have absolute confidence
in the integrity and
impartiality of its
administration. The future of
the Republic, to a great extent,
depends upon our
maintenance of justice pure
and unsullied. It cannot be so
maintained unless the conduct
and the motives of the
members of our profession are
such as to merit the approval
of all just men. chan robles
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virtual law library

No code or set of rules can be
framed, which will
particularize all the duties of
the lawyer in the varying
phase of litigation or in all the
relations of professional life.
The following canons of ethics
are adopted by the Philippine
Bar Association as a general
guide, yet the enumeration of
particular duties should not be
construed as a denial of the
existence of others equally
imperative, though not
specifically mentioned. chan chanrobles virtual law library
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1. The duty of the lawyer to
the courts chan robles virtual law
library
It is the duty of the lawyer to
maintain towards the courts a
respectful attitude, not for the
sake of the temporary
incumbent of the judicial
office, but for the maintenance
of its supreme importance.
Judges, not being wholly free
to defend themselves, are
peculiarly entitled to receive
the support of the bar against
unjust criticism and clamor.
Whenever there is proper
ground for serious complaint
of a judicial officer, it is the
right and duty of the lawyer to
submit his grievances to the
proper authorities. In such
cases, but not otherwise, such
charges should be encouraged
and the person making them
should be protected. chan
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2. The selection of judges
It is the duty of the bar to
endeavor to prevent political
considerations from
outweighing judicial fitness in
the selection of judges. It
should protest earnestly and
actively against the
appointment of those who are
unsuitable for the bench; and
it should strive to have
elevated thereto only those
willing to forego other
employments whether of a
business, political or other
character, which may
embarrass their free and fair
consideration of questions
before them for decision. The
aspiration of lawyers for
judicial position should be
governed by an impartial
estimate of their ability to add
to the office and not by a
desire for the distinction the
position may bring to
themselves. chanrobles virtual la w library

3. Attempts to exert personal

influence of the court
Marked attention and unusual
hospitality on the part of a
lawyer to a judge, uncalled for
by the personal relations of
the parties, subject both the
judge and the lawyer to
misconstructions of motive
and should be avoided. A
lawyer should not
communicate or argue
privately with the judge as to
the merits of a pending cause
and deserves rebuke and
denunciation for any device or
attempt to gain from a judge
special personal consideration
or favor. A self-respecting
independence in the discharge
of professional duty, without
denial or diminution of the
courtesy and respect due the
judge's station, is the only
proper foundation for cordial
personal and official relations
between bench and bar. chanrobles virtual la w

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library

4. Counsel for an indigent

prisoner chan robles virtual law
library
A lawyer assigned as counsel
for an indigent prisoner ought
not to ask to be excused for
any trivial reason and should
always exert his best efforts in
his behalf. chanrobles virtual la w library

5. The defense or prosecution

of those accused of crime
It is the right of the lawyer to
undertake the defense of a
person accused of crime,
regardless of his personal
opinion as to the guilt of the
accused; otherwise, innocent
persons, victims only of
suspicious circumstances,
might be denied proper
defense. Having undertaken
such defense, the lawyer is
bound, by all fair and
honorable means, to present
every defense that the law of
the land permits, to the end
that no person may be
deprived of life or liberty but
by due process of law. chan chanrobles virtual law library

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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
secreting of witnesses capable
of establishing the innocence
of the accused is highly
reprehensible. chanrobles virtual law library

6. Adverse influence and

conflicting interests chan robles
virtual law library
It is a duty of a lawyer at the
time of retainer to disclose to
the client all the circumstances
of his relations to the parties
and any interest in or
connection with the
controversy, which might
influence the client in the
selection of counsel. chanrobles virtual la w library

It is unprofessional to
represent conflicting interests,
except by express consent of
all concerned given after a full
disclosure of the facts. Within
the meaning of this canon, a
lawyer represents conflicting
interests when, in behalf of
one client, it is his duty to
contend for that which duty to
another client requires him to
oppose. chanrobles virtual la w library

The obligation to represent the

client with undivided fidelity
and not to divulge his secrets
or confidence forbids also
subsequent acceptance of
retainers or employment from
others in matters adversely
affecting any interest of the
client with respect to which
confidence has been reposed. chanrobles virtual

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la w library

7. Professional colleagues and

conflicts of opinions chan robles
virtual law library
A client's proffer of assistance
of additional counsel should
not be regarded as evidence of
want of confidence, but the
matter should be left to the
determination of the client. A
lawyer should decline
association as colleague if it is
objectionable to the original
counsel, but if the lawyer first
retained is relieved, another
may come into the case. chanrobles virtual law library

When lawyers jointly

associated in a cause cannot
agree as to any matter vital to
the interest of the client, the
conflict of opinion should
frankly stated to him for his
final determination. His
decision should be accepted
unless the nature of the
difference makes it
impracticable for the lawyer
whose judgment has been
overruled to cooperate
effectivity. In this event it is
his duty to ask the client to
relieve him. chanrobles virtual law library

Efforts, direct or indirect, in

any way to encroach upon the
professional employment of
another lawyer are unworthy
of those who should be
brethren at the bar; but,
nevertheless, it is the right of
any lawyer, without fear or
favor, to give proper advice to
those seeking relief against
unfaithful or neglectful
counsel, generally after
communication with the
lawyer against whom the
complaint is made. chanrobles virtual law library

8. Advising upon the merits of

a client's cause chan robles
virtual law library
A lawyer should endeavor to
obtain full knowledge of his
client's cause before advising
thereon, and he is bound to
give a candid opinion of the
merits and probable result of
pending or contemplated
litigation. The miscarriages to
which justice is subject, by
reason of surprises and
disappointments in evidence
and witnesses, through
mistakes and errors of courts,
even though only occasional,
admonish lawyers to beware
of bold and confident
assurances to clients,
especially where the
employment may depend upon
such assurance. Whenever the
controversy will admit of fair
judgment, the client should be
advised to avoid or to end the
litigation.
chanrobles virtual law library

9. Negotiations with opposite

party chan robles virtual law
library
A lawyer should not in any
way communicate upon the
subject of controversy with a
party represented by counsel,
much less should he undertake
to negotiate or compromise
the matter with him, but
should deal only with his
counsel. It is incumbent upon
the lawyer most particularly to
avoid everything that may
tend to mislead a party not
represented by counsel, and
he should not undertake to
advise him as to the law. chanrobles virtual law library

10. Acquiring interest in

litigation
The lawyer should not
purchase any interest in the
subject matter of the litigation
which he is conducting. chanrobles virtual law library

11. Dealing with trust

property
The lawyer should refrain from
any action whereby for his
personal benefit or gain he
abuses or takes advantage of
the confidence reposed in him
by his client. chanrobles virtual law library

Money of the client or

collected for the client or other
trust property coming into the
possession of the lawyer
should be reported and
accounted for promptly and
should not under any
circumstances be commingled
with his own or be used by
him. chanrobles virtual la w library

12. Fixing the amount of the

fee chan robles virtual law library
In fixing fees, lawyers should
avoid charges which over
estimate their advice and
services, as well as those
which undervalue them. A
client's ability to pay cannot
justify a charge in excess of
the value of the service,
though his poverty may
require a less charge, or even
none at all. The reasonable
requests of brother lawyers,
and of their widows and
orphans without ample means,
should receive special and
kindly consideration. chan chanrobles virtual la w library

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In determining the amount of
the fees, it is proper to
consider: ( 1 ) the time and
labor required, the novelty and
difficulty of the questions
involved and the skill required
to properly conduct the cause;
(2) whether the acceptance of
employment in the particular
case will preclude the lawyer's
appearance for others in cases
likely to arise out of the
transaction, and in which
there is a reasonable
expectation that otherwise he
would be employed in the
particular case or antagonisms
with other clients; (3) the
customary charges of the bar
for similar services; (4) the
amount involved in the
controversy and the benefits
resulting to the client from the
services; (5) the contingency
or the certainty of the
compensation; and (6) the
character of the employment,
whether casual or for an
established and constant
client. Not one of these
considerations in itself is
controlling. They are mere
guides in ascertaining the real
value of the service. chanrobles virtual law library

In determining the customary

charges of the bar for similar
services, it is proper for a
lawyer to consider a schedule
of minimum fees adopted by a
bar association, but no lawyer
should permit himself to be
controlled thereby or to follow
it as his sole guide in
determining the amount of his
fee. chan robles virtual law
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library
In fixing fees, it should not be
forgotten that the profession
is a branch of the
administration of justice and
not a mere money-getting
trade. chanrobles virtual law library

13. Contingent fees

A contract for a contingent
fee, where sanctioned by law,
should be reasonable under all
the circumstances of the case
including the risk and
uncertainty of the
compensation, but should
always be subject to the
supervision of a court, as to its
reasonableness
14. Suing a client for a fee
Controversies with clients
concerning compensation are
to be avoided by the lawyer so
far as shall be compatible with
his self respect and with his
right to receive reasonable
recompense for his service;
and lawsuits with the clients
should be resorted to only to
prevent injustice, imposition
or fraud. chanrobles virtual law library

15. How far a lawyer may go

in supporting a client's cause
Nothing operates more
certainly to create or to foster
popular prejudice against
lawyers as a class, and to
deprive the profession of that
full measure of public esteem
and confidence which belongs
to the proper discharge of its
duties than does the false
claim. often set up by the
unscrupulous for the defense
of questionable transactions,
that it is the duty of the lawyer
to do whatever may enable
him to succeed in winning his
client's cause. chan robles chanrobles virtual la w library

virtual law library

It is improper for a lawyer to
assert in argument his
personal belief in his client's
innocence or in the justice of
his cause.chanrobles virtual la w library

The lawyer owes "entire

devotion to the interest of the
client, warm zeal in the
maintenance and defense of
his rights and the exertion of
his utmost learning and
ability," to the end that
nothing be taken or be
withheld from him, save by the
rules of law, legally applied.
No fear of judicial disfavor or
public popularity should
restrain him from the full
discharge of his duty. In the
judicial forum the client is
entitled to the benefit of any
and every remedy and defense
that is authorized by the law
of the land, and he may expect
his lawyer to assert every such
remedy or defense. But it is
steadfastly to be borne in
mind that the great trust of
the lawyer is to be performed
within and not without the
bounds of the law. The office
of attorney does not permit,
much less does it demand of
him for any client, violation of
law or any manner of fraud or
chicanery, he must obey his
own conscience and not that
of his client. chanrobles virtual law library

16. Restraining clients from

improprieties chan robles virtual
law library
A lawyer should use his best
efforts to restrain and to
prevent his clients from doing
those things which the lawyer
himself ought not to do,
particularly with reference to
their conduct towards courts,
judicial officers, jurors,
witnesses and suitors. If a
client persist in such
wrongdoings the lawyer
should terminate their
relation.chanrobles virtual law library

17. Ill-feelings and

personalities between
advocates
Clients, not lawyers, are the
litigants. Whatever may be the
ill-feeling existing between
clients, should not be allowed
to influence counsel in their
conduct and demeanor toward
each other or toward suitors in
the case. All personalities
between counsel should be
scrupulously avoided. In the
trial of a cause it is indecent to
allude to the personal history
or the personal peculiarities
and idiosyncrasies of counsel
on the other side. Personal
colloquies between counsel
which cause delay and
promote unseemly wranglings
should also be carefully
avoided. chanrobles virtual law library

18. Treatment of witnesses

and litigants
A lawyer should always treat
adverse witnesses and suitors
with fairness and due
consideration, and he should
never minister to the
malevolence or prejudices of a
client in the trial or conduct of
a cause. The client can not be
made the keeper of the
lawyer's conscience in
professional matter. He has no
right to demand that his
counsel shall abuse the
opposite party or indulge in
offensive personalities.
Improper speech is not
excusable on the ground that
it is what the client would say
if speaking in his own behalf. chanrobles virtual la w

library

19. Appearance of lawyer as

witness for his client
When a lawyer is a witness for
his client, except as to merely
formal matters, such as the
attestation or custody of an
instrument and the like, he
should leave the trial of the
case to other counsel. Except
when essential to the ends
justice, a lawyer should avoid
testifying in behalf of his
client. chanrobles virtual la w library

20. Newspaper discussion of

pending litigation
Newspaper publication by a
lawyer as to pending or
anticipated litigation may
interfere with a fair trial in the
courts and otherwise the due
administration of justice.
Generally, they are to be
condemned. If the extreme
circumstances of a particular
case justify a statement to the
public, it is unprofessional to
make it anonymous. An ex
parte reference to the facts
should not go beyond
quotation from the records
and papers on file in the court;
but even in extreme cases it is
better to avoid an ex parte
statement. chanrobles virtual law library

21. Punctuality and

expedition chan robles virtual
law library
It is the duty of the lawyer not
only to his client, but also to
the courts and to the public to
be punctual in attendance, and
to be concise and direct in the
trial and disposition of
causes. chanrobles virtual law library

22. Candor and fairness

The conduct of the lawyer
before the court and with
other lawyers should be
characterized by candor and
fairness. chanrobles virtual law library

It is not candid nor fair for the

lawyer knowingly to misquote
the contents of a paper, the
testimony of a witness, the
language or the argument of
opposing counsel, of the
language of a decision or a
textbook; or with knowledge
of its invalidity, to cite as
authority a decision that has
been overruled or a statute
that has been repealed, or in
argument to assert as a fact
that which has not been
proved, or in those
jurisdictions where a side has
the opening and closing
arguments to mislead his
opponent by concealing or
withholding positions in his
opening argument upon which
his side then intends to rely. chanrobles virtual la w library

It is unprofessional and
dishonorable to deal other
than candidly with the facts in
taking the statements of
witnesses, in drawing
affidavits and other
documents, and in the
presentation of causes. chanrobles virtual law library

A lawyer should not offer

evidence which he knows the
court should reject, in order to
get the same before the jury
by arguments for its
admissibility, nor should he
address to the judge
arguments upon any points
not properly calling for
determination by him. Neither
should he introduce into an
argument, addressed to the
court, remarks or statements
intended to influence the
bystanders. chanrobles virtual law library

23. Attitude towards jury

All attempts to curry favor
with juries by fawning flattery
or pretended solicitude for
their personal comfort are
unprofessional. Suggestions of
counsel, looking to the comfort
or convenience of jurors, and
propositions to dispense with
arguments, should be made to
the court out of the jury's
hearing. A lawyer must never
converse privately with jurors
about the case; and both
before and during the trial he
should avoid communicating
with them even as to matters
foreign to the cause. chanrobles virtual la w library

24. Right of lawyer to control

the incidents of the trial chan
robles virtual law library
As to incidental matters
pending trial, not affecting the
merits of the cause, or
working substantial prejudice
to the rights of the client, such
as forcing the opposite lawyer
to trial when he is under
affliction or bereavement;
forcing the trial on a particular
day to the injury of the
opposite lawyer when no harm
will result from a trial at
different time; agreeing to an
extension of time for signing a
bill of exceptions, cross
interrogatories and the like,
the lawyer must be allowed to
judge. In such matters no
client has a right to demand
that his counsel shall be
illiberal, or that he does
anything therein repugnant to
his own sense of honor and
propriety.chanrobles virtual law library

25. Taking technical

advantage of opposite counsel;
agreement with him
A lawyer should not ignore
known customs or practice of
the bar or of a particular court,
even when the law permits,
without giving timely notice to
the opposite counsel. As far as
possible, important
agreements, affecting the
rights of clients, should be
reduced to writing, but it is
dishonorable to avoid
performance of an agreement
fairly made because it is not
reduced to writing, as required
by the Rules of Court. chanrobles virtual law library

26. Professional advocacy

other than before courts
A lawyer openly, and in his
true character may render
professional services before
legislative or other bodies,
regarding proposed legislation
and in advocacy of claims
before departments of
government upon the same
principles of ethics which
justify his appearance before
courts; but it is unprofessional
for a lawyer so engaged, to
conceal his attorneyship, or to
employ secret personal
solicitations, or to use means
other than those addressed to
reason and understanding, to
influence action. chanrobles virtual la w library

27. Advertising, direct or

indirect chan robles virtual law
library
It is unprofessional to solicit
professional employment by
circulars, advertisements,
through touters, or by
personal communications or
interviews not warranted by
personal relations. 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 or is engaged or
concerning the manner of their
conduct, the magnitude of the
interest involved, the
importance of the lawyer's
position, and all other like-
laudation, offend the
traditions and lower the tone
of our profession and are
reprehensible; but the
customary use of simple
professional cards is not
improper. chanrobles virtual law library

Publication in reputable law

lists in a manner consistent
with the standards of conduct
imposed by those canons of
brief biographical and
informative data is
permissible. Such data must
not be misleading and may
include only a statement of the
lawyer's name and the names
of his professional associates;
addresses, telephone
numbers, cable addresses;
branches of the profession
practiced; date and place of
birth and admission to the bar;
schools attended; with dates
of graduation, degrees and
other educational distinctions;
public or quasi-public offices;
posts of honor; legal
authorship; legal teaching
positions; memberships and
offices in bar associations and
committees thereof, in legal
and scientific societies and
legal fraternities; the fact of
references; and, with their
written consent, the names of
clients regularly represented.
A certificate of compliance
with the Rules and Standards
issued by the Special
Committee on Law Lists may
be treated as evidence that
such list is reputable. chanrobles virtual law library

28. Stirring up litigation,

directly or through agents
It is unprofessional for a
lawyer to volunteer advice to
bring a lawsuit, except in rare
cases where ties of blood,
relationship or trust make it
his duty to do so. Stirring up
strife and litigation is not only
unprofessional, but it is
indictable at common law. It is
disreputable to hunt up
defects in titles or other
causes of action and inform
thereof in order to be
employed to bring suit or
collect judgment, or to breed
litigation by seeking out those
with claims for personal
injuries or those having any
other grounds of action in
order to secure them as
clients, or to employ agents or
runners for like purposes, or
to pay or reward, directly or
indirectly, those who bring or
influence the bringing of such
cases to his office, or to
remunerate policemen, court
or prison officials, physicians,
hospital attaches or others
who may succeed under the
guise of giving disinterested
friendly advice, in influencing
the criminal, the sick and the
injured, the ignorant or others,
to seek his professional
services. A duty to the public
and to the profession devolves
upon every member of the bar
having knowledge of such
practices upon the part of any
practitioner immediately to
inform thereof, to the end that
the offender may be
disbarred. chanrobles virtual law library

29. Upholding the honor of

the profession
Lawyers should expose
without fear or favor before
the proper tribunal corrupt or
dishonest conduct in the
profession, and should accept
without hesitation
employment against a member
of the bar who has wronged
his client. The counsel upon
the trial of a cause in which
perjury has been committed
owe it to the profession and to
the public to bring the matter
to the knowledge of the
prosecuting authorities. The
lawyer should aid in guarding
the bar against admission to
the profession of candidates
unfit or unqualified because
deficient in either moral
character or education. He
should strive at all times to
uphold the honor and to
maintain the dignity of the
profession and to improve not
only the law but the
administration of justice. chanrobles virtual la w library

30. Justifiable and

unjustifiable litigations chan
robles virtual law library
The lawyer must decline to
conduct a civil cause or to
make a defense when
convicted that it is intended
merely to harass or to injure
the opposite party or to work
oppression or wrong. But
otherwise it is right, and
having accepted retainer, it
becomes his duty to insist
upon the judgment of the
court as to the legal merits of
his client's claim. His
appearance in court should be
deemed equivalent to an
assertion on his honor that in
his opinion his client's case is
one proper for judicial
determination. chanrobles virtual la w library

31. Responsibility for

litigation chan robles virtual law
library
No lawyer is obliged to act
either as adviser or advocate
for every person who may
wish to become his client. He
has the right to decline
employment. chanrobles virtual law library

Every lawyer upon his own

responsibility must decide
what employment he will
accept as counsel, what
causes he will bring into court
for plaintiffs, what case he will
contest in court for
defendants. The responsibility
for advising as to questionable
defenses is the lawyer's
responsibility. He cannot
escape it but urging as an
excuse that he is only
following his client's
instructions. chanrobles virtual la w library

32. The lawyer's duty in its

last analysis chan robles virtual
law library
No client corporate or
individual, however, powerful
nor any cause, civil or political,
however important, is entitled
to receive nor should any
lawyer render any service or
advice involving disloyalty to
the laws whose ministers we
are, or disrespect of the
judicial office, which we are
bound to uphold, or corruption
of any person or persons
exercising a public office or
private trust, or deception or
betrayal of the public. When
rendering any such improper
service or advice, the lawyer
invites and merits stern and
just condemnation.
Correspondingly, he advances
the honor of his profession
and the best interests of his
client when he renders service
or gives advice tending to
impress upon the client and
his undertaking exact
compliance with the strictest
principles of moral law. He
must also observe and advice
his client to observe the
statute law, though 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. But above all a
lawyer will find his highest
honor in a deserved reputation
for fidelity to private trust and
to public duty, as an honest
man and as a patriotic and
loyal citizen.
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33. Partnership - names

Partnerships among lawyers
for the practice of their
profession are very common
and are not to be condemned.
In the formation of
partnerships and the use of
partnership names, care
should be taken not to violate
any law, custom, or rule of
court locally applicable. Where
partnerships are formed
between lawyers who are not
all admitted to practice in the
courts of the state, care should
be taken to avoid any
misleading name or
representation which would
create a false impression as to
the professional position or
privilege of the member not
locally admitted.chanrobles virtual law library

In the formation of
partnerships for the practice of
law no person should be
admitted or held out as
practitioner or member who is
not a member of the legal
profession duly authorized to
practice, and amenable to
professional discipline. In the
selection and use of a firm
name, no false, misleading,
assumed or trade name should
be used. The continued use of
the name of a deceased or
former partner, when
permissible by local custom, is
not unethical, but care should
be taken that no imposition or
deception is practiced through
this use. When a member of
the firm, on becoming a judge,
is precluded from practicing
law, his name should not be
continued in the firm name. chanrobles virtual la w library

Partnership between lawyers

and members of other
professions or non-
professional persons should
not be formed or permitted
where any part of the
partnership's employment
consists of the practice of
law.chanrobles virtual la w library

34. Division of fee

No division of fees for legal
services is proper, except with
another lawyer, based upon a
division of service or
responsibility. chanrobles virtual law library

35. Intermediaries chan robles

virtual law library
The professional services of a
lawyer should not be
controlled or exploited by any
lay agency, personal or
corporate, which intervenes
between client and lawyer. A
lawyer's responsibilities and
qualifications are individual.
He should avoid all relations
which direct the performance
of his duties by or in the
interest of such intermediary.
A lawyer's relation to his client
should be personal, and his
responsibility should be direct
to the client. Charitable
societies rendering aid to the
indigents are not deemed such
intermediaries. chanrobles virtual la w library

A lawyer may accept

employment from any
organization, such as an
association, club or trade
organization, to render legal
services in any matter in
which the organization, as an
entity, is interested, but this
employment should not
include the rendering of legal
services to the members of
such an organization in
respect to their individual
affairs.chanrobles virtual la w library

36. Retirement from judicial

position or public employment
A lawyer should not accept
employment as an advocate in
any matter upon the merits of
which he has previously acted
in a judicial capacity. chan chanrobles virtual la w library

robles virtual law library

A lawyer, having once held
public office or having been in
the public employ should not,
after his retirement, accept
employment in connection
with any matter he has
investigated or passed upon
while in such office or
employ. chanrobles virtual law library

37. Confidence of a client

It is the duty of a lawyer to
preserve his client's
confidences. This duty outlasts
the lawyer's employment and
extends as well to his
employees; and neither of
them should accept
employment, which involves or
may involve the disclosure or
use of these confidences,
either for the private
advantages of the client,
without his knowledge and
consent, and even though
there are other available
sources of such information. A
lawyer should not continue
employment when he
discovers that this obligation
prevents the performance of
his full duty to his former or to
his new client. chanrobles virtual la w library
If a lawyer is accused by his
client, he is not precluded
from disclosing the truth in
respect to the accusation. The
announced intention of a client
to commit a crime is not
included within the confidence
which he is bound to respect.
He may properly make such
disclosure as may be
necessary to prevent the act
or protect those against whom
it is threatened. chanrobles virtual law library

38. Compensation,
commissions and rebates
A lawyer should accept no
compensation, commissions,
rebates or other advantages
from others without the
knowledge and consent of his
client after full disclosure. chanrobles virtual la w library

39. Witness
A lawyer may properly
interview any witness or
prospective witness for the
opposing side in any civil or
criminal action without the
consent of opposing counsel or
party. In doing so, however,
he should scrupulously avoid
any suggestion calculated to
induce the witness to suppress
or deviate from the truth, or in
any degree to affect his free
and untrammeled conduct
when appearing at the trial or
on the witness stand. chan chanrobles virtual law library

robles virtual law library

40. Newspapers chan robles
virtual law library
A lawyer may with propriety
write articles for publications
in which he gives information
upon the law; but he could not
accept employment from such
publication to advice inquiries
in respect to their individual
rights. chan robles virtual law
chanrobles virtual law library

library
41. Discovery of imposition
and deception chan robles
virtual law library
When a lawyer discovers that
some fraud or deception has
been practiced, which was
unjustly imposed upon the
court or party, he should
endeavor to rectify it; at first
by advising his client, and
should endeavor to rectify it;
at first by advising his client,
and if his client refuses to
forego the advantage thus
unjustly gained, he should
promptly inform the injured
person or his counsel, so that
they may take appropriate
steps.chanrobles virtual la w library

42. Expenses chan robles virtual

law library
A lawyer may not properly
agree with a client that the
lawyer shall pay or beat the
expense of litigation; he may
in good faith advance
expenses as a matter of
convenience, but subject to
reimbursement. chanrobles virtual law library

43. Approved law lists chan

robles virtual law library
It is improper for a lawyer to
permit his name to be
published in a law list the
conduct, management or
contents of which are
calculated or likely to deceive
or injure the public or the
profession, or to lower the
dignity or standing of the
profession. chanrobles virtual la w library

44. Withdrawal from

employment as attorney or
counsel chan robles virtual law
library
The right of an attorney or
counsel to withdraw from
employment, once assumed,
arises only from good cause.
Even the desire or consent of
the client is not always
sufficient. The lawyers should
not throw up the unfinished
task to the detriment of his
client except for reasons of
honor or self-respect. If the
client insists upon an unjust or
immoral course in the conduct
of his case, or if he persists
over the attorney's
remonstrance in presenting
frivolous defenses, or if he
deliberately disregards an
agreement or obligation as to
fees or expenses, the lawyer
may be warranted in
withdrawing on due notice to
the client, allowing him time to
employ another lawyer. So,
also, when a lawyer discovers
that his client has no case and
the client is determined to
continue it; or even if the
lawyer finds himself incapable
of conducting the case
effectively. Sundry other
instances may arise in which
withdrawal is to be justified.
Upon withdrawal from a case
after a retainer has been paid,
the attorney should refund
such part of the retainer as
has not been clearly earned. chanrobles virtual law library

45. Specialists chan robles

virtual law library
The canons of the Philippine
Bar Association apply to all
branches of the legal
profession; specialist in
particular branches are not to
be considered as exempt from
the application of these
principles. chanrobles virtual la w library

46. Notice of specialized legal

service chan robles virtual law
library
Where a lawyer is engaged in
rendering a specialized legal
service directly and only to
other lawyers, a brief,
dignified notice of the fact,
couched in language indicating
that it is addressed to lawyers,
inserted in legal periodicals
and like publications, when it
will afford convenient and
beneficial information to
lawyers desiring to obtain
such service, is not improper. chanrobles virtual

la w library

47. Aiding the unauthorized

practice of law chan robles
virtual law library
No lawyer shall permit his
professional services, or his
name to be used in aid of, or
to make possible, the
unauthorized practice of law
by any lay agency, personal or
corporate. chanrobles virtu