Legal Ethics 4.

Retaking of the lawyer’s oath

1. Lawyers duty to society CODE OF PROFESSIONAL RESPONSIBILITY
2. Lawyer duty to legal profession 1. CPR and duties of the lawyer under the lawyer’s oath.
3. Lawyer to the court The Code of Professional Responsibility for lawyers ( CPR)
4. Lawyer duty to the client Promulgated from June 21 1998.
5. Lawyer oath
6. Suspension, Disbarment, Discipline of Lawyers. CPR: It is not a law, but it is a judicial command, the basis for
Section 1: Any person hereto duly admitted as a member of the lawyer to obey is the lawyer’s oath which states that one shall
bar or hereafter admitted as such in accordance with the obey the laws as well as the legal orders of the duly authorities
provision of this rule and who is a good and regular standing is thereto. The CPR has the force and effect of law and should be
entitled o practice of law. obeyed since it was issued pursuant to the condition. It is not a
Only natural person can be admitted to admitted to Philippine bar request or plain listing rather it is a judicial command.
and allowed to practice law in the Philippine.  Memorize the lawyer’s oath!!
Moral Character  Read the code and cannon
1. Not a subjective term but one which corresponds to CPR and lawyer’s oath dynamics:
objective reality. Good moral character includes at 1. The lawyer’s oath is the summarized version of the CPR
least common honesty. 2. On the other hand the CPR is the expanded version of
2. Good moral character it will include the truthfulness the layer’s oath.
and veracity of the answer.
a. On qualification as lawyer Lawyer’s oath
Ex: I , () of ___ do solemnly swear that
1. If you have a pending case for naturalization, do not 1. I will maintain allegiance to the republic of the
assume that your naturalization will be granted. Philippines. ( Lawyer duty public)
Qualification is material at the time of the filing of the 2. I will support the constitution and obey the legal order
application. ( In re Ching) as well as the duly constituted authorities ( public and
2. If you participated in the hazing you are bereft of the court)
character of the good moral character of the lawyer. 3. I will do no falsehood nor consent to doing of any in
3. The executive branch cannot allow Spanish lawyer to the court ( Court)
go to the Philippines and practice law in reciprocity 4. I will not willingly or wittingly promote any groundless
clause. and false or unlawful suit or give aid nor consent to the
4. When you pass the bar you have the right to appear same ( Public court and bar)
before agency exercising quasi judicial function, and 5. I will delay no man for money or malice and will
there is no more qualification to be imposed by any conduct myself as a lawyer according to the best of my
official for you to practice law. knowledge and discretion with all good fidelity as to
Citizenship the court and the client ( Public court and client)
A lawyer who has lost his Filipino citizenship cannot practice law Four Pillars of Legal Ethics
in the Philippines since Filipino citizenship is required for the 1. Duties of the lawyer to the public , bench bar and client
admission to the bar. The loss of Filipino citizenship terminates
membership in Philippine bar. A. Duty to the court
a. Respect or defend against criticism uphold
Exception: When Filipino citizenship is lost by reason of authority and dignity obey order and
naturalization but reacquire the same. All Philippine citizenship process against the administration of
who becomes citizen of another country is deemed never to have justice.
lost his Philippine citizenship if he reacquires it under RA 9225. B. Duty to the bar
a. Candor, fairness courtesy and truthfulness
Although he is deemed to never have terminated his membership avoid encroachment in the business of
in the Philippine bar no automatic right to resume law practice other lawyer and uphold the honor of
accrue. Under RA 9225 if a person intends to practice the legal profession.
profession in the Philippines he needs to apply for a license and C. Duty to the client: entire devotion to the client’s
permit to engage in such practice interest.
a. Eg: Double layered: Lawyer ng plaintiff and
The AUTHORITY: Other requirement to get atty ( Dun sa umalis) lawyer ng defendant you can only accept
1. Payment in full OF IBP dues. this if there is knowledge and consent of the
Ex: IBP dues are not covered by senior citizen discount. The client
practice of law is not a benefit but a privilege/ D. Duty to the public
2. Payment of professional tax a. Should not violate his responsibility to
3. The competition of the required hours of society, exemplar or uprightness ready to
MCLE( Current) render legal aid and foster social reform
a. Non-Compliance with the MCLE: Non- guardian of due process aware of special
compliance with the MCLE is a ground for role in the solution of special problem and
disciplinary action. Effect: Suspended until be always ready to lend assistance in the
compliance study of solution of social problems
In order to be exempted pursuant to expertise in law , section 3 Duties under the Rules of Court : Section 20 Rule 138
Rule 7 provides that the applicant must submit sufficient 1. Similar to the Lawyer’s oath and CPR.
satisfaction and convincing proof to establish his expertise in a
certain area of law. Duties under the CPR: Code of Professional Responsibility
 1. To the Society ( Cannon 1-6) b. Respect for courts and judicial officer
a. Respect for law and legal process i. Being on time, dressing
b. Efficient and convenient legal service appropriately
c. True and honest fair dignified and objective ii. Be mindful of your language.
information on legal service c. Assistance in the speedy and efficient of
d. Participation in the improvement in the justice
reform in the legal system Put yourself in the will of justice. ( Counsel de officio)
e. Participation in legal education program d. Reliance on merits of the case not on
f. Task of government in legal service impropriety tending to influence the court.
In reinstatement of lawyer, only the SC can reinstate the lawyer as
Respect for law and legal process to his position. The executive official cannot reinstate him.
1. A lawyer must not engage in any unlawful, immoral
and disrespectful conduct. ( UID) 4. To the clients ( Canon 14-22)
Efficient and convenient legal service a. Available of service without discrimination
Not reject the cause of the oppressed. A lawyer shall not decline to represent a person solely on the
Q: Is a lawyer duty bound to accept all cases before him? person’s status and life solely on the belief of the guilt of the
A: Your obligation only starts upon the time you accept the case. person.
True and honest fair dignified and objective information on legal b. Service regardless of the person status
service c. Service of counsel de oficio
1. The lawyer cannot engage in solicitation Rule 138: Service as counsel de officio ( when you can refuse
2. The lawyer cannot advertise his skills as of a merchant. 14.03). The over bearing factor of refusal is the welfare and
This is because lawyering is a noble profession, lawyers consideration of the client. ( Ex : Sa nagbabayad and di nag
are not allowed to go down the level of hawkers. babayad erve mo same )
a. Self-Laudatory statement: “ Expert criminal d. Valid ground for refusal
lawyer” not allowed e. Candor fairness and loyalty
b. Allowed: Biography etc , the advertising i. Confidentially rule
must be true, honest. ii. Privileged communication
Participation in the improvement in the reform in the legal iii. Conflict of interest
system Q: Can a lawyer handle cases of conflict of interest? Yes , if there
A lawyer shall participate in mandatory continuing legal is a consent written by all the clients after a full disclosure.
education, achieve high standard in laws school. iv. Candid and honest advice to the
Task of government in legal service client
A public office is a public trust and not a private trust fund. As a -Be honest to the client , you are not a lawyer but an advocate of
government lawyer, you have to avoid opportunity to enrich the priest of justice.
yourself by virtue of your office. v. Compliance with the law
-The one needs to be obeyed is the law and not the client. If the
2.Duty to the legal profession client insist that the lawyer do something unethical you have to
IBP: integrated bar of the Philippines: let go of the client. This is why it is a special kind of agency.
1. Membership and due vi. Concurrent practice with
a. IBP is the official organization of lawyer. another person
Everyone who took the bar becomes a Ex: lawyer; Cpa: You need to disclose the capacity as to what
member of the IBP. A lawyer becomes a capacity you are acting as.
member of the IBP upon passing of the bar.
b. The most important duty of the lawyer to c. Client Money and Properties
the IBP is the timely payment of dues. ( Eg: Fiduciary: Lawyer as the agent and trustee. The money is never
Non-payment of six months you are not a yours unless the client consented to you possessing the item. The
member of due standing) lawyer protects the property as if own. ( Pera and Puri : Disbar)
2. Upholding the dignity and integrity of profession
a. You are answerable for knowingly making false A lawyer is prohibited from borrowing money to his client unless
statement in relation to the admission to the bar. the client interest is protected/
A lawyer must never support someone of not
good moral character. d. Fidelity of client cause
b. A lawyer must always maintain the dignity of a. Fidelity to Client Cause: Use of fair and honest means
profession. e. Competence and diligence
c. What you do personally is intertwined i. Adequate protection
professionally. *Preparation is key!
d. Do not file harassing tactics against a fellow ii. Negligence
lawyer. *If the negligence is so gross as to deprive the client of his duties
e. No assistance in the unauthorized practice of law: in court the court may order that the client right to be respected.
The investment in the law office is not enough for iii. Collaborating Counsel
non lawyer to be included. *A collaborating counsel: Respect to lead counsel.
3. Duty to the Court ( Cannon 10 to 13)
a. Candor, fairness and good faith toward the f. Representation with zeal within the legal
court bounds.
i. Intention : Right case wrong g. Acceptance Fee: contingency fee
citation liable. arrangement
Champertous Contract: The lawyer spends for the expenses of the as well as the legal order of the duly constituted
contract and not reimbursed. authorities therein.
h. Attorney fee Memorize:
- Retaining lien/ Charging Lien 1.01: UDID: Unlawful, deceitful, immoral , dishonest !!
Fee and controversies with client cannot be avoided. 1. Unlawful conduct does not imply the elemnt of criminality
2. Dishonest: Cheat, defraud or defray
Attorney fee Concept of attorney’s fee Lacking in integrity, honesty and integrity.
1. By way of compensation: For as long as the client is not 3. Deceitful: There is proclivity for fraudulent and deceptive
prejudiced misrepresentation, artifice
2. By way of damages: 10% limit di pede lumagpas
i. Preservation of the client confidence BAR Matter 1645: ( Amended 139)
Prohibited Disclosure : 1. The dismissal of the complaint filed against the lawyer cannot
1. If the client pronounce intention to commit a future be delegated to the IBP- The IBP can only recommend the
crime this is an example duty to society to ensure that dismissal they can only recommend
the laws are to be obeyed. ( Disclosure is allowed as 2. Sui generis : It never prescribes , neither civil and criminal there
duty of society prevail) is a no need for a complainant, as the later is a mere witness.
2. If the client pronounce the intention to commit a pass 3. Res Ipsa Loquitor: The thing speaks for himself
crime : This cannot be disclosed unless allowed by the 4.Disbarment is not lightly imposed, as it can only be imposed by
client himself through express written consent. graveness of the offense
Dynamics between the four duties of the lawyer? 4. A previous disbarment is not a ground to avoid subsequent
All things being equal, if the duty to the society conflict to the disbarment. A disbarment case is not a proper venue to attack
client, the counsel is allowed to let go of the client. someone’s citizenship . An attack on citizenship will require a
direct action for its nullity.
Pleadings: 5. A heated exchange if not malicious is not violative of the lawyer
1. Unfounded accusation or allegation or words tending oath or the CPR.
to embarrass the court or to bring into disrepute have 6. Conviction of the crime involving moral turpitude must be
no place in a pleading proven with finality to warrant disbarment. The mere conviction
2. Their employment serves no useful purpose is not enough , there must be attainment of finality.
Lawyers and Social Media Activities
1. Anong pake mo sa post ko? Effect of disbarment
SC: Suspended a lawyer use of unkind words in FB post. Here the 1. The lawyer disbarred loses all
lawyer is lawyering for the husband of the complainant. “ Wise the privileges of passing bar
Polygamous Husband?”In his defense the lawyer invoked the exam and becoming a lawyer
freedom of expression and argued that he is merely acting as a  A disbarred lawyer can be reinstated
spoke man lawyer. The court ruled that the lawyer is not allowed o Lapse of time
to divide his personality as an attorney at one time and as a mere o Conduct after disbarment
citizen in another. The use of intemperate language has no place o Ground for disbarment
in the judicial forum. o Appreciation of error and repentance
2. On the matter of privacy: The respondent has failed to o Favorable endorsement of the IBP
offer evidence that he utilized any of the privacy tools On Immorality:
or features of facebook. The freedom of speech is not 1. The passage of time does not legitimize ilicit
absolute it must be counterbalanced with other relationship, neither does other people perceived
freedom. tolerance
Related law: 2. The marriage certificate bearing the name of the
1. Rule 7.03: lawyer to prove that he committed bigamy rendering
2. Rule 8.01 him unfit to act a a member of the bar. The act of
3. Rule 19.01 bigamy twice is gross immoral conduct
Preventive Suspension for lawyer: Viral video uttering profanities Advice:
against journalist raissa robles. The SC preventively suspended 1. The advice of the lawyer that iyak iyakan nyo lang
Gadon. It is the cardinal condition that criticism must be bona fide si Judge .
and shall not spill over the walls of decency and propriety. 2. It is the mandate of the rule that the lawyer
should not counsel or abet activities aimed at
Lawyers may be disciplined even for any conduct committed in defiance of the law or lessening the confidence in
their privacy as long as their misconduct reflect their probity and the legal system
lack of demeanor 3. Any letter or message addressed to the member
of the court in connection with their official
DISBARMENT function become a matter of concern for the
1. Deceit , malpractice or violation of the oath which he is entire court.
required to take before the admission to practice or Default Rule of conduct for lawyers:
willful disobedience of any lawful order of a superior 1. The default rule for the conduct of lawyer is
court or for corruptly or willfully appearing as an presumption of good faith
attorney for a party to a case without authority to do
so. Chair Cases in legal ethics :
2. The practice of soliciting cases at law for the purpose 1. The failure file the required position paper and her
of gain either personally or through agents constitute failure to properly withdraw the case live up the duty
as malpractice. -- * Lawyer OATH : I shall obey the laws of the lawyer in the CPR ( 18.03)
 2. The neglect of a legal matter entrusted to him amount
to inexcusable negligence for which he must be
administratively liable in this case.
3. An atty can only retire from ac case either by written
consent of the client or by permission of the court after
due notice and hearing in which even the atty should
see to it that the name of the new lawyer is recorded
in the case
4. Money linked to professional engagement. While the
court has previously held that disciplinary proceeding
must only revolve around the determination of the
respondent lawyer administrative and not his civil
liability this must be applicable only to claimed liability
which are purely civil in nature for instance when the
claim involves money received by the lawyer from his
client in a transaction separate and distinct and not
intrinsically linked to his professional engagement such
as acceptance fee. ( Need ibalik)
Duties as Notary public
1. The notarization of the document is vested with
substantive public interest. Courts administrative
agencies and the public at large must be able to rely on
the acknowledgment executed by notary public
apprended to a private instrument .
2. The acknowledgement of document an individual must
appear in person.