Basic Legal and Judicial Ethics Notes

Joel Sarmiento, Jr.
Legal and Judicial ethics

Book Notes – Legal and Judicial Ethics; Agpalo
CHAPTER 1
Introductory
“Legal ethics”
- is the embodiment of all principles of morality and refinement that should
govern the conduct of every member of the bar.
- “living spirit of the profession, which. Limits yet uplifts it as a livelihood.”
Counsel de parte – attorney retained by a party litigant, usually for a fee, to

prosecute or defend in court.
Counsel de oficio – is an attorney appointed by the court to defend an indigent
defendant in a criminal action or to represent a party in a case.
Attorney of record – is an attorney whose name and address is entered in the record
of a case as the designated counsel of the party litigant in a case to whom judicial
notices are sent to. ‘
Lawyer “of counsel” – retired member of judiciary, employed by law firms as
consultant.
Amicus curiae – impartial lawyer who is invited by the court to appear and help in
the disposition of issues submitted.
Bar – legal profession
“bench” – judiciary
Privilege of an attorney
- Privilege and right to practice law during good-behavior before any judicial,
quasi-judicial, or administrative tribunal.
- Person fit to assume and discharge the responsibilities presented to him by
the court.
- First to sit in judgment of every case and to set the judicial machinery in
motion.
- Depends the direction in the administrative justice.
- He can speak freely in a judicial preceedings without incurring criminal
damages or action for damages.
- He can stand for his own rights
- Right to protest
Duties of offices
- Maintain allegiance to the Republic of the Philippine, support the
Constitution and obey the law.
- Respect the court of justice
- To be honest in all proceeding under the law.
- Never try to mislead the judge with false statement of fact or law.
- Maintain confidence, to preserve the secrets, accept no compensation in
connection with his client’s business without his knowledge.
- Never delay any case or cause for any corrupt motives.
- To be fair and present all defense the law permits.
- No person may be deprived of life or liberty, but by due process of law.
Distinguish from legal profession from business

a. Duty of public service, obtain highest eminence without much money.
b. Relation as officer of the court to the administration of justice
c. Relation to the client in the highest degree fiduciary
d. Relation to colleagues characterized by candor and fairness/
Consequences of denial and right to counsel

1. Admission of guilt by the accused in custodial investigation cannot be hold
against him as evidence as long as it was given without the assistance of
counsel.
2. Judgment can be recalled if the accused has been denied right to counsel
during the hearing.
3. If the lawyer is fake who presented the case in a Regional Trial Court.
4. Failure to file the appellants files, or by a fake lawyer.
5. If incompetence or ignorance of the counsel is so great, the client can reopen
the case.
6. Failure of the defense to present its evidence due to the absence of the
counsel.
7. If the client did not choose the lawyer who represents him.
8. Someone who has conflict of interest with the client.
9. When the trial court conducted the hearing even in the absence of the
counsel.
Appearance of counsel not obligatory

- Civil and administrative cases
June 21, 1988, the Supreme Court promulgated the Code of Professional
Responsibility.
- Consists of 22 canons and 77 rules
- The law of society, the lawyer and the legal profession, the lawyer and the
courts, the lawyer and the clients.
CHAPTER 2
Admission to Practice
Requirements to the admission to practice law

a. Previously established rules and principles
b. Present concrete facts affecting the individual
c. Decision as to whether the facts are governed by rules and principles.
Requisites
1. Primary responsibility of the Supreme Court
2. Admission to the bar by the applicant
3. Judicial adjudication by the court
The court has the power to,

a. Decide who may be admitted to the bar
b. The causes for disciplinary actions
c. Whether he should be disciplined, suspended, disbarred, or reinstated
According to 1987 Constitution, the legislative does not have the power to repeal,
alter, or supplement the rules. But instead, they can add to it with respect to the
first requisites.
CHED has the power to:

a. Fixing of minimum standards of instructions for all law schools to observe
b. The setting up of the necessary administrative machinery to determine the
compliance therewith
c. By way of sanction, the refusal to admit to the bar examinations law
graduates from any law school failing to meet those standards
Practice of law, generally.

- Any activity in and out of court that involves the field of law.
- Representation and service to another
- Legal advice and counseling
- Contracts with legal rights
Types of professional activities:

1. Legal advice to clients to inform them of their rights and obligations.
2. Preparation for documents requiring knowledge of legal principles not
possessed by ordinary people.
3. Appearance for clients before public tribunals which posses’ power and
authority to determine rights of life, liberty and property according to
law.
4. When a person participates in a trial and advertises himself as a lawyer,
he is in the practice of law.
5. One who confers with clients and advises them of their legal rights.
6. Giving advice for compensation regarding the legal status and rights of
another.
7. Renders an opinion as to the proper interpretation of a statute, and
receives pay for it.
Representation before the court

- It is the lawyer’s duty to render service to a client in a court of justice.
- Appearance before the court, filing of pleadings, motion, memorandum, or
brief incident to an action or proceeding in court, the conduct of the
litigation, the examination of witness, presentation of evidences, generally
the control of the proceedings in court.
Representation before other agencies

- Appearance before any quasi-judicial, administrative, or legislative agency
of the government. Presenting facts or evidences.
- This includes, Philippine Patent Office, National Labor Relations
Commissions, Bureau of Customs, etc.
Activity outside of court

- Giving of legal advice, preparation of legal documents, gaining trust relation
and other affairs.
Criteria in Practice of law:

1. Habituality
2. Compensation
3. Application of law, legal principle, practice, or procedure
4. Attorney-client relationship
WHO MAY PRACTICE LAW
- Any person who has been duly licensed as a member of the bar in
accordance with the statutory requirements and who is in good regular
standing is entitled to practice law.
a. Proof of educational, moral, and other qualification

b. Passing the bar exams
c. Taking the lawyer’s oath before the Supreme Court
d. Signing the roll of attorneys and receiving from the Supreme Court a
certificate of the license to practice law.
Continuance:
a. Remain a member of the IBP
b. Regularly pay all IBP fees and taxes
c. Faithfully observe the rules and ethics of the legal profession
d. Be continually subject to judicial disciplinary control
Exceptions to Practice without examination

1. Citizens of the US who, before July 4, 1946, were duly licensed members of
the Philippine Bar, in active practice, and in good regular standing, upon
satisfactory of this fact before the Supreme Court, be allowed to practice
after taking the oath of office.
2. Filipino citizens who are enrolled attorneys in good standing in the Supreme
Court of the US or any court of appeals district, or any highest State or
Territory of the US, who has certificate before July 4, 1946, and they have
never been suspended or disbarred, may in the discretion of the court, be
admitted without examination.
Practice without admission

1. In the MTC, a party may conduct litigation with the aid of an agent or friend
appointed by him. The attorney-client privilege does not apply in this case.
And the agent cannot habitually engage in appearing or defending party in
litigation.
2. In a local MTC, when a duly licensed member of a bar is not available, the
MTC in its discretion may assign a person or resident in the province, with
good standing, to defend the accused, even if they are not member of the bar.
Right of a party to represent himself

1. A litigant may personally do everything in the process of the action from
commencement to the termination of the litigation. He will be bound by the
same rules and procedures, ignorance will be unjustifiable. He cannot
complain that he was deprived of his right to the assistance of counsel.
Liability for unauthorized practice

1. Suspension
2. Discipline
3. Disbarred for misconduct
Remedies
1. Petitions for injunction
2. Declaratory relief
3. Contempt of court
4. Petition for disqualification
5. Complaints for disbarment
6. Administrative complaint against the lawyer or government official.
Qualification for admission to the bar:

1. Citizen of the Philippines
2. Be a resident
3. At least 21 years old
4. A person of good moral character
5. No charges of moral turpitude are against him is filed or pending in court
6. Possess the required educational qualifications
7. Pass the bar exams
8. Take the oath
9. Sign the rolls of Attorney
Payment of IBP dues and privilege tax

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Joel Sarmiento, Jr.

Legal and Judicial ethics

Counsel de parte – attorney retained by a party litigant, usually for a fee, to

Distinguish from legal profession from business

Consequences of denial and right to counsel

Appearance of counsel not obligatory

Requirements to the admission to practice law

The court has the power to,

CHED has the power to:

Practice of law, generally.

Types of professional activities:

Representation before the court

Representation before other agencies

Activity outside of court

Criteria in Practice of law:

a. Proof of educational, moral, and other qualification

Exceptions to Practice without examination

Practice without admission

Right of a party to represent himself

Liability for unauthorized practice

Qualification for admission to the bar:

Payment of IBP dues and privilege tax

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