Canons of Professional Ethichs
Canons of Professional Ethichs
Canons of Professional Ethichs
PREAMBLE
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.
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.
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.
The lawyer should not purchase any interest in the subject matter of the
litigation which he is conducting.
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.
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.
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.
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.
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.
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.
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.
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.
The conduct of the lawyer before the court and with other lawyers should
be characterized by candor and fairness.
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.
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.
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.
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.
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.
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.
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.
No division of fees for legal services is proper, except with another lawyer,
based upon a division of service or responsibility.
35. Intermediaries
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.
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.
40. Newspapers
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.
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.
42. Expenses
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.
45. Specialists
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.