1.

May a lawyer collect Attorneys fees from a client who benefitted from legal services rendered by
him, initially intended to be gratuitous?
Yes. It is not ethically improper for an attorney to collect Attorneys fee from a client who benefited
from legal services rendered by him even though initially intended to be gratuitous services in which
one party promises to do something without receiving anything in return!.
"he legal profession cannot remain a viable force in fulfilling its role in our society unless the
lawyer receives ade#uate compensation for his services A$A, %ode of &rofessional 'esponsibility,
p. 1(!. "he protection of attorneys lien by the court is necessary to preserve the decorum and
respectability of the profession %alalang vs. )e $or*a, ++ ,%'A -+.!. A /awyer li0e all other human
beings has a right to livelihood ,tansell vs. 'oach, 12 A/' 13-!.
4hile the practice of law is not a business, the attorney plays a vital role in the administration
of *ustice, and, hence, the need to secure him a honorarium lawfully earned as a means to preserve
the decorum and responsibility of the legal profession )oy Mercantile, Inc. vs. AMA %omputer
%ollege, 31+ ,%'A +51!.
An attorney is entitled to have and receive a *ust and reasonable compensation for services
performed at the special instance and re#uest of his client.
2. May a complaint against a lawyer be the subject of an AFFIDAVIT OF D!I!TA"#.
6o. An Affidavit of )esistance cannot be a sub*ect of complaint against the lawyer. 'ule 1-27$, ,ec.
., par 1 provides that8 6o investigation shall be interrupted or terminated by reason of the desistance,
settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to
prosecute the same unless, the ,upreme %ourt motu proprio or upon recommendation of the I$&
$oard of 9overnors, determines that there is no compelling reason to continue with the disbarment or
suspension proceedings against the respondent.
"he power to discipline lawyers7officers of the court7 may not be cut short by a compromise and
withdrawal of charges In re8 )avies, -2 Am. 'ep. (12, (-1!.
Authenticity and voluntariness of the withdrawal of the complaint against a member of the bar must
be determined ,apal vs. )ia:, 3; ,%'A +32! before the same shall be considered at all.
$. %hat #A"O"! of the #o&e of 'rofessional (esponsibility is )iolate& when a lawyer* +if
any,
a. Fails to raise the proper &efense-claim or law.
(ule /0.12 2 A lawyer shall not han&le any legal matter without a&e3uate preparation.
"he ade#uate preparation re#uired of the lawyer in the handling of a case covers a wide dimension in
law practice. It includes among other virtues, sufficient 0nowledge of the law and *urisprudence,
ability in trial techni#ue and high proficiency in the formulation of pleadings.
"hus, a lawyer must 0eep himself constantly abreast with the trend of authoritative pronouncements
and developments in all branches of the law.
#A"O" 4 2 a lawyer shall 5eep abreast of legal &e)elopments6 participate in continuing
legal e&ucation programs6 support efforts to achie)e high stan&ar&s in law schools as
well as in the practical training of law stu&ents an& assist in &isseminating information
regar&ing the law an& jurispru&ence.
(ule /0.1$ 2 A lawyer shall not neglect a legal matter entruste& to him6 an& his negligence in
connection there with shall ren&er him liable.
"he lawyer owes it to his clients to e<ercise his utmost learning and ability in maintaining
causes. A license to practice law is a guarantee by the courts to the public that the licensee
possesses sufficient s0ill and 0nowledge to manage their causes &a*arillo vs. 4%%, 2. ,%'A .5.!.
In the practice of law, eternal diligence is the price of success =ermanos vs. &eres, %A79.'. 6o.
1((..7', >ctober 3, 12+1!.
a. !igns a plea&ing in behalf of another lawyer6 whether as a co2counsel or not.
#A"O" / 2 A 7A%8( !9A77 :'9O7D T9 #O"!TIT:TIO"6 O;8 T9 7A%! OF T9 7A"D
A"D '(OMOT (!'#T FO( 7A% A"D 7<A7 '(O#!!!.
'ule 1.;1 7 A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
"he transgression of any provision of law by a lawyer is a repulsive and reprehensible act which the
court will not countenance.
'ule 1;.;1 7 A lawyer shall not do any falsehood, nor consent to the doing of any in %ourt? nor shall
he mislead, or allow the %ourt to be misled by any artifice.
"he Attorneys >ath mandates the lawyer among other duties a! to do no falsehood, b! nor,
consent to the doing of the same in court, c! to conduct himself as a lawyer according to the best of
his 0nowledge and discretion with all good fidelity to the court. "he violation of the Attorneys >ath is
a ground for suspension or disbarment 'ule 1-5, ,ec. 1(, ''%!.
"hus, signing a pleading in behalf of another lawyer, whether as a co7counsel or not is
prohibited. It is not only unprofessional but contemptuous aw well. "he %ode of &rofessional
'esponsibility ma0es it the duty of a lawyer prevent unauthori:ed practice of law. And the law ma0es
it a behavior on his part, sub*ect to disciplinary action.
a. Allows a client to use his law office a&&ress as mailing a&&ress.
Allowing a client to use his law office address as mailing address is against the law. "he interest of
the public re#uires that the personal, confidential and fiduciary relation between attorney and client be
preserved and protected.
(ule /.12 2 A lawyer shall not counsel or abet acti)ities aime& at &efiance of the law or
at lessening confi&ence in the legal system.
A lawyer should not render any service or advice to any client @no matter how powerful or
important is the cause @ which will involve disloyalty to the laws of the country which he is bound to
uphold and obey. If he does so, he invites and merits stern and *ust condemnation %anon -1, %&A!.
All acts of lawyers which are unlawful, dishonest, immoral or deceitful corrode public
confidence in the legal system. =ence, lawyers must always conduct themselves in accord with the
immutable tenets embodied in the lawyers oath and the rules of legal ethics.