COURSE OUTLINE/ SYLLABUS

LEGAL AND JUDICIAL ETHICS,

DLSU COLLEGE OF LAW
Book 1
Introduction
1. Legal ethics, defined
2. The Code of Professional Responsibility, the adoption
3. Outline of the Code of Professional Responsibility

Book 2
The Code of Professional Responsibility
CHAPTER I
The Lawyer and Society
CANON 1 Duty to Uphold the Constitution and the Laws
1. Duty to Uphold the Constitution, the Laws, and the Rule of Law
2. The Lawyers Oath as basis for this duty
3. Rule of law, defined
RULE 1.01. Duty of Honesty and Morality
1. Duty to Act with Honesty, Morality and Lawful Conduct
2. Good moral character is a requisite for the practice of law and is a continuing requirement
3. Conviction of a crime involving moral turpitude; a lawyer is deemed to have become unfit to
uphold the administration of justice and to be no longer possessed of good moral character
4. It is gross immorality and not mere immorality that is sanctioned
5. Conduct unbecoming a member of the bar is sanctionable; creating the appearance that he is
flouting with moral standards is sanctionable
6. Gross immorality of a married lawyer; Examples of Marital Infidelity
RULE 1.02 Duty to Obey the Laws and to Support the Legal System
1. Duty Not to Counsel or Abet Defiance of the Law or the Legal System
2. Examples of activities aimed at defiance of the law or at lessening confidence in the legal system
RULE 1.03 Duty Against Barratry and Duty Not to Delay Any Mans Cause
1. Duty Against Barratry and Duty Not to Delay Any Mans Cause
2. Barratry, defined
3. Maintenance, defined
4. The Lawyers Oath as basis of duty not to delay any man for money or malice
5. Example of delaying a mans cause for money
RULE 1.04 Duty To Promote Amicable Settlement
1. Duty To Promote Fair and Amicable Settlement
2. Compromise and settlement of cases is encouraged
3. Nature of Compromise or Settlement
CANON 2 Duty to be an Efficient Lawyer
1. Duty to be an Efficient Lawyer
RULE 2.01 Duty to the Defenseless and the Oppressed
1. Duty to the Defenseless and the Oppressed
RULE 2.02 Duty to Give Legal Advice on the Rights of the Defenseless and the Oppressed
1. Duty to Give Legal Advice on the Rights of the Defenseless and the Oppressed
RULE 2.03 Duty to Shun Vulgar Solicitation
1. Duty to Shun Vulgar Solicitation
2. Practice of law is not a business

3. Practice of law distinguished from a business

4. Dignified solicitation allowed
5. Good reputation as the best advertisement
6. Permitted advertising
RULE 2.04 Duty to Shun Cut-Throat Rates
1. Duty to Shun Cut-Throat Rates
CANON 3 Duty of Honest and Dignified Pronouncement of Legal Services
1. Duty of Honest and Dignified Pronouncement of Legal Services
RULE 3.01 Duty Not to Use Fraudulent or Misleading Pronouncement of His Qualifications
1. Duty Not to Use Fraudulent or Misleading Pronouncement of His Qualifications
2. The limits of self-laudation
RULE 3.02 Duty of Honesty in the Firm Name
1. Duty of Honesty in the Firm Name; selection of the firm name
2. Use of Lawyers name
3. Lawyers cannot practice under a foreign law firm name
4. Use of a deceased partners name
5. Continued use of a retired partners name in the law firms name
RULE 3.03 Duty of a Law Partner to Withdraw from the Firm When He Accepts Public Office
1. Duty of a Law Partner to Withdraw from the Firm When He Accepts Public Office
2. Practice of law by certain public officers
3. Other public officials may practice law subject to conditions
4. Practice of law by members of Congress
5. Practice of law by local government officials
RULE 3.04 Duty Not to Pay Media for Publicity
1. Duty Not to Pay Media for Publicity
CANON 4 Duty to Support the Improvement of the Legal System
1. Duty to Support the Improvement of the Legal System
2. Duty of lawyers to assist the Judicial and Bar Council (JBC)
CANON 5 Duty To Keep Abreast of Legal Developments
1. Duty To Keep Abreast of Legal Developments
2. Illustrations of violation of this Canon
3. No duty on the part of the Supreme Court to first publish in Official Gazette
4. Radio and television talk shows; legal column writers; Guidelines for lawyers who write or speak
on legal matters for the consumption of the general public
5. Related provision in the Canons of Professional Ethics
CANON 6 The Same Duties Apply to Lawyers in Government Service
1. The Same Duties Apply to Lawyers in Government Service
2. Higher standard of integrity is required from government lawyers than private practitioners
3. When a public officer is sanctionable as a public officer and when as a lawyer
RULE 6.01 Duty of a Public Prosecutor to See That Justice is Done
1. Duty of a Public Prosecutor to See That Justice is Done
2. Related provision in the Canons of Professional Ethics
RULE 6.02 Duty to Separate Public Duties from Private Interests
1. Duty to Separate Public Duties from Private Interests
2. The revolving door between government service and private practice
RULE 6.03 Duty to Avoid Conflict of Interest After Leaving Government Service
1. Duty to Avoid Conflict of Interest After Leaving Government Service

CHAPTER II
The Lawyer and the Legal Profession
CANON 7 Duty to Uphold the Dignity of the Legal Profession
1. Duty to Uphold the Integrity and Dignity of the Legal Profession; Duty to support the Integrated
Bar of the Philippines (IBP)
2. Illustrations of violation of this Canon
3. Related provision in the Canons of Professional Ethics
4. Brief History of the Integrated Bar of the Philippines (IBP)
5. Meaning of Bar Integration
6. Integrated Bar, defined
RULE 7.01 Duty to be Honest in Applying for Admission to the Bar
1. Duty to be Honest in Applying for Admission to the Bar
2. Illustrations of violation of this Rule
3. Related provisions in Rule 138 (Attorneys and Admission to the Bar) of the Rules of Court
RULE 7.02 Duty to Support Only Those Qualified to be Admitted to the Bar
1. Duty to Support Only Those Qualified to be Admitted to the Bar
2. Related provisions in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court;
Determining those qualified
RULE 7.03 Duty to be Professional and Dignified
1. Duty to be Professional and Dignified
CANON 8 Duty of Professional Courtesy
1. Duty of Professional Courtesy
2. Illustrations of violation of this Canon
RULE 8.01 Duty to be Professional in Language
1. Duty to be Professional in Language
2. Unacceptable language in pleadings
3. Examples of unacceptable language
4. The general rule is that statements made in the course of judicial proceedings are absolutely
privileged
5. Offensive remarks in pleadings is not privilege communications
6. When offensive or improper utterances are not punishable
7. Sanctions for intemperate language
RULE 8.02 Duty to Refrain from Professional Encroachment
1. Duty to Refrain from Professional Encroachment
2. Instances when there is no professional encroachment
3. Entry of appearance of a second lawyer does not imply removal of the first lawyer
CANON 9 Duty to Shun Unauthorized Practice of Law
1. Duty to Shun Unauthorized Practice of Law
2. Practice of law, defined
3. Practice of law not a natural or constitutional right but a privilege or franchise
4. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Who may
practice law
5. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court;
Unauthorized practice by certain lawyers
6. Illustration of unauthorized practice of law
7. Practice of law without authority is also indirect contempt
8. Public policy as basis
9. Shyster, defined
10. Illustrations of violation of this Canon
11. Specialized practice of law
RULE 9.01 Duty to Keep a Lawyers Work Limited to Lawyers of Good Standing
1. Duty to Keep a Lawyers Work Limited to Lawyers of Good Standing
2. The lawyer and the non-legal staff
3. The lawyer and the law student

4. The Law Student Practice Rule (Rule 138-A), Rules of Court

5. A partys right to conduct litigation personally; Self-representation; Section 34 of Rule 138
6. Self-representation and representation by counsel cannot be exercised at the same time
7. The reasons for the need of a supervising lawyer for a practicing law student are (B.M. No. 730)
8. Non-lawyers before the NLRC
RULE 9.02 Duty to Maintain the Integrity of the Lawyers Fees
1. Duty to Maintain the Integrity of the Lawyers Fees
2. No agreement to divide fees from future business
3. Related provision in the Canons of Professional Ethics

CHAPTER III
The Lawyer and the Courts
CANON 10 Duty of Candor to the Courts
1. Duty of Candor to the Courts
2. Duty to obey court orders
3. The duty exists no matter how minor the court order may seem
4. Failure to comply with such duty is only partially justified by his attention to his sick relatives
5. Failure to receive court orders is not an excuse where there is apparent negligence on part of
lawyer
6. On purportedly vague or erroneous court orders
7. Correlation
8. Duty to file pleadings on time
RULE 10.01 Duty of Fidelity to the Courts
1. Duty of Fidelity to the Courts
2. Sterling example of display of fidelity to the courts
RULE 10.02 Duty to Give Accurate Citations
1. Duty to Give Accurate Quotations and Citations
2. How to quote court decisions
3. A lawyers reasoned interpretation of a court decision is not a deception; misrepresentation of the
facts
4. Illustrations on this Rule
RULE 10.03 Duty of Fidelity to the Rules of Procedures
1. Duty of Fidelity to the Rules of Procedures
2. Rules of procedure cannot be applied in rigid technical sense
3. Filing pleadings through fax machine not allowed
CANON 11 Duty to Give Respect to the Courts
1. Duty to Give Respect to the Courts
2. Illustration of violation of this Rule
3. Disrespect may also emanate from disregard of the courts authority
4. Illustrations of disobedience to court orders
5. Respect for erroneous court orders
6. Harassment of judges; Lawyers must be more prudent in filing administrative charges against
members of the judiciary
7. Illustration of harassment of a judge
8. Remedies in case of a biased and prejudiced judge
9. Accusations against judges must be substantiated
10. Non-inclusion of judges name in pleadings
11. Contempt citation is determined by the trial judge
12. Contempt proceedings are distinct and separate from disciplinary or disbarment proceedings
13. Limitation on the exercise of the power to punish for contempt
RULE 11.01 Duty to be Properly Attired
1. Duty to be Properly Attired in Court
RULE 11.02 Duty to be Punctual at Hearings
1. Duty to be Punctual at Hearings

RULE 11.03 Duty of Proper Language and Behavior

1. Duty of Proper Language and Behavior
2. Illustration of violation of this Rule
3. That he is not the author of the pleading he signed is not a defense
4. Improper and disrespectful language towards the judge is direct contempt
5. Personal clash between counsel and the judge
6. The duty of the counsel and the judge to maintain mutual respect
7. Contumacious pleadings may be stricken out of the record
RULE 11.04 Duty Not to Attribute Unfounded Ill-Motives to a Judge
1. Duty Not to Attribute Unfounded Ill-Motives to a Judge
2. Illustration of violation of this Rule
RULE 11.05 Duty to Observe the Proper Grievance Mechanism
1. Duty to Observe the Proper Grievance Mechanism
2. Elements of unjust judgment
3. Elements of inexcusable negligence in rendering an unjust judgment
CANON 12 Duty to Assist in the Speedy and Efficient Administration of Justice
1. Duty to Assist in the Speedy and Efficient Administration of Justice
2. Deplorable state of congested court dockets
RULE 12.01 Duty to be Prepared for Trial
1. Duty to be Prepared for Trial
RULE 12.02 Duty Not to Engage in Forum Shopping
1. Duty Not to Engage in Forum Shopping
2. Willful intent is required
3. Literal identity of parties is not required
4. Related provision in the Rules of Court; Section 5, Rule 7 of the Rules of Court
RULE 12.03 Duty to File Pleadings Seasonably
1. Duty to File Pleadings Seasonably
2. Unacceptable explanation for failure to file pleadings seasonably
3. A lawyer should never presume that his motion for extension to file a pleading will be granted
4. Lawyers should file their briefs or pleadings within the extended period requested
RULE 12.04 Duty Against Dilatory Moves and Misuse of Court Processes
1. Duty Against Dilatory Moves and Misuse of Court Processes
2. Technicalities should not be improperly used to thwart substantial justice
3. Assessment of treble costs against dilatory and frivolous appeals and tactics
4. Frivolous/ dilatory appeals
5. Dilatory moves causes abandonment of right to speedy trial; frustration of the administration of
justice
RULE 12.05 Duty Not to Coach a Witness Under Examination
1. Duty Not to Coach a Witness Under Examination; Witness Preparation distinguished from
Witness Coaching
RULE 12.06 Duty Not to Present a False Witness
1. Duty Not to Present a False Witness
2. False or fabricated evidence
3. Dealing with corrupt witnesses
4. Discerning a false witness from a truthful witness
RULE 12.07 Duty to Respect Witnesses
1. Duty to Respect Witnesses
2. Related provision in Rule 132 (Presentation of Evidence) of the Rules of Court; Determining
those qualified
RULE 12.08 Duty Not to be a Witness and Counsel at the Same Time
1. Duty Not to be a Witness and Counsel at the Same Time

2. Rationale for the prohibition in Rule 12.08

3. Related provision in the Canons of Professional Ethics
4. Prohibition does not apply to a former counsel
CANON 13 Duty Not to Influence Judges
1. Duty Not to Influence Judges
2. Related provision in the Canons of Professional Ethics
RULE 13.01 Duty of Non-Fraternization with Judges
1. Duty of Non-Fraternization with Judges
2. Related provision in the Canons of Professional Ethics
RULE 13.02 Duty Not to Resort to the Bar of Public Opinion During Pendency of a Case
1. Duty Not to Resort to the Bar of Public Opinion During Pendency of a Case
2. Illustrations of violation of this Rule
3. Sub Judice, defined
4. The Sub Judice Rule
5. Sub Judice Contempt; also constitutes indirect contempt
6. Sub judice rule vis--vis freedom of expression and press freedom; sub judice rule vis--vis public
interest
RULE 13.03 Duty to Respect Judicial Independence From the Other Branches of Government
1. Duty to Respect Judicial Independence From the Other Branches of Government
2. Judicial independence, defined
3. Related provisions under Article 8 of the 1987 Constitution; Constitutional provisions relating to
judicial independence

CHAPTER IV
The Lawyer and the Client
CANON 14 Duty to Render Legal Service to the Needy
1. Duty to Render Legal Service to the Needy
RULE 14.01 Duty Not to be Prejudiced in Accepting Clients
1. Duty Not to be Prejudiced in Accepting Clients
RULE 14.02 Duty to Accept Appointment as Counsel de Oficio or Amicus Curiae and Duty to Render Free
Legal Aid
1. Duty to Accept Appointment as Counsel de Oficio or Amicus Curiae and Duty to Render Free
Legal Aid
2. Declining appointment as counsel de oficio
3. Counsel de oficio equally liable as a paid lawyer
4. Related provisions in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Legal
services for destitute litigants
5. Related provisions in Rule 116 (Arraignment and Plea) of the Rules of Court; Duty of court
6. How counsels de oficio appointed
7. Counsel de oficio distinguished from counsel de parte
RULE 14.03 Duty to Render Legal Service to the Indigent
1. Duty to Render Legal Service to the Indigent
RULE 14.04 Duty to Treat Paying and Non-Paying Clients With the Same Standard
1. Duty to Treat Paying and Non-Paying Clients With the Same Standard
2. Related provision in the Canons of Professional Ethics
CANON 15 Duty of Candor to the Client
1. Duty of Candor to the Client
2. Illustrations of violation of this Canon
RULE 15.01 Duty to Ascertain Conflict of Interests as Soon as Practicable
1. Duty to Ascertain Conflict of Interests as Soon as Practicable

RULE 15.02 Duty of Confidentiality

1. Duty of confidentiality to prospective client
2. Rule 15.02 distinguished from Canon 17
RULE 15.03 Duty to Avoid Conflict of Interests
1. Duty to Avoid Conflict of Interests
2. Expanded concept of conflict of interest
3. To be a counsel-of-record is not required
4. The duration of time that has elapsed is immaterial in determining conflict of interest
5. Termination of previous engagement not a ground to disregard the prohibition
6. Rationale for the prohibition of conflict of interest
7. The test of conflict
RULE 15.04 Duty to Act as Mediator or Conciliator When Given Written Consent By All Concerned
1. Duty to Act as Mediator or Conciliator When Given Written Consent By All Concerned
RULE 15.05 Duty of Candor in Advising the Client
1. Duty of Candor in Advising the Client
2. Scope of the Advice
RULE 15.06 Duty to Not to Engage in Influence Peddling
1. Duty to Not to Engage in Influence Peddling
RULE 15.07 Duty to Advice the Client on the Rule of Law
1. Duty to Advice the Client on the Rule of Law
2. Rule of law, defined
3. Related provision in the Canons of Professional Ethics
RULE 15.08 Duty to Make Clear with the Client His Capacity As a Lawyer When the Lawyer is Also
Engaged in Business or Another Profession
1. Duty to Make Clear with the Client His Capacity As a Lawyer When the Lawyer is Also Engaged
in Business or Another Profession
2. Going into business with a client; Financial transactions with a client
CANON 16 Duty to be a Trustee of Clients Moneys and Properties
1. Duty to be a Trustee of Clients Moneys and Properties
RULE 16.01 Duty of Accountability
1. Duty of Accountability
2. Applying settlement fees to professional fees without the concurrence of client
3. Failure to account; Presumption of Misappropriation
4. Failure to remit amounts due to the client
5. Fear of not being paid by client is not an excuse to conceal receipt of payment
6. Related provision under Rule 138
7. Failure to account with deceit and bad faith
8. Restitution also ordered
RULE 16.02 Duty Not to Commingle Funds and Properties
1. Duty Not to Commingle Funds and Properties
2. Trust property should not be commingled with the property of the lawyer nor used by him
RULE 16.03 Duty to Deliver Funds and Property Upon Demand; Retaining Lien; Attorneys Lien
1. Duty to Deliver Funds and Property Upon Demand; Retaining Lien; Attorneys Lien
2. Related provision in the Rules of Court
RULE 16.04 Duty to Avoid the Debtor-Creditor Relationship with the Client
1. Duty to Avoid the Debtor-Creditor Relationship with the Client
CANON 17 Duty of Fidelity to the Cause of the Client
1. Duty of Fidelity to the Cause of the Client; Independence from clients views or activities
2. Right to decline employment
3. Duty of Confidentiality; Preservation of clients secrets
4. Related provision in Rule 130 (Rules of Admissibility) of the Rules of Court; Sec. 24(b) provides

5. Related provision in Rule 138 (Attorneys and Admission to the Bar) of the Rules of Court; Sec. 20
provides
6. Illustrations of violation of this Canon
7. Rationale for duty of confidentiality
8. Transparency in the identity of the client
CANON 18 Duty to Serve with Due Diligence
1. Duty to Serve with Due Diligence
2. Coverage of Canon 18
3. The Lawyers Oath as basis
4. Illustrations of inexcusable negligence
5. Abandonment of a client
6. Disinterest of the client is not a defense
7. Non-payment in full of attorneys fees is not a justification for failure to comply with professional
obligations
8. Entry of Appearance as Counsel; Related provision in Rule 138 (Attorneys and Admission to Bar)
of the Rules of Court; Authority to Enter Appearance
9. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Duty at the
appellate stage
10. Entry of Appearance as Counsel
RULE 18.01 Duty to Know His Professional Limitations
1. Duty to Know His Professional Limitations
2. Obligation to accept only the cases that he can efficiently handle
RULE 18.02 Duty to be Prepared for Any Legal Matter
1. Duty to be Prepared
2. Duty imposed upon a newly-passed lawyer
RULE 18.03 Duty Not to be Negligent
1. Duty Not to be Negligent
2. Duty to be competent
3. Negligence in delegating a lawyers task
4. The tendency to pass the blame to the legal secretary and other legal staff
5. Specialization not necessarily needed in taking on legal work
RULE 18.04 Duty to Keep Client Informed
1. Duty to Keep Client Informed
2. How to keep client informed
3. Losing track of cases and the passage of time is not an excuse; the remedy is for the lawyer to
devise ways to follow the course of his cases and to keep his files updated
4. Duty to adopt a system of receiving promptly all judicial notices during his absence from his
address of record
CANON 19 Duty to Serve Only Within the Bounds of the Law
1. Duty to Serve Only Within the Bounds of the Law
2. Rationale
3. Illustration
RULE 19.01 Duty to Serve Only Thru Fair and Honest Means
1. Duty to Serve Only Thru Fair and Honest Means
RULE 19.02 Duty Not to Condone a Clients Fraud
1. Duty Not to Condone a Clients Fraud
2. Serving in the borderline between what is fraudulent or criminal and what is legally permissible
3. Fraud, defined
RULE 19.03 Duty to Take the Lead in Handling a Case
1. Duty to Take the Lead in Handling a Case
2. Lawyers have exclusive management of the procedural aspect of litigation; corollarily, parties are
bound by the acts and mistakes of their counsel in procedural matters
3. Mistakes of lawyers on procedural matters
4. Related provision in the Canons of Professional Ethics

CANON 20 Duty to Charge Only Fair and Reasonable Fees

1. Duty to Charge Only Fair and Reasonable Fees
2. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Only
reasonable fees as compensation
3. Agreement on fees preferably reduced into writing
4. Binding effect of written agreement on fees
5. Rules of Court provision
6. Entitlement to lawyers fees is presumed
7. Terms of payment of fees
8. Interest on the attorneys fees
9. Lawyer is entitled to recover litigation expenses incurred in collecting attorneys fees
10. Acquiring the clients property as payment for attorneys fees
11. Champerty, defined; litigation financing
12. Example of champerty
13. Champertous contracts
14. Syndicated lawsuits
RULE 20.01 Duty to Comply with the Guidelines in Determining Lawyers Fees
1. Duty to Comply with the Guidelines in Determining Lawyers Fees
2. Opinion of the judge as to the capacity of the lawyer is not a factor in the determination of
attorneys fees
3. The hourly fee basis
RULE 20.02 Duty to Divide Fees in Proportion to Work Done
1. Duty to Divide Fees in Proportion to Work Done
2. Division of Fees, when relevant
RULE 20.03 Duty Not to Accept Any Compensation in Relation to a Clients Case Except From the Client
Himself
1. Duty Not to Accept Any Compensation in Relation to a Clients Case Except From the Client
Himself
RULE 20.04 Duty to Avoid Disputes with Client Over Fees
1. Duty to Avoid Disputes with Client Over Fees
2. Illustration of violation of this Rule
3. Assumpsit, defined
4. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Unlawful
retention of funds
5. Value of lawyers work must be determinable
6. Concepts of attorneys fees
7. Contingent fees, defined
8. Appropriateness of contingent fee arrangements
9. Reasonableness of the contingent fee
10. When client may challenge the Contingent Fee Agreement
11. Retaining lien on clients funds and documents
12. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Attorneys
liens
13. Attorneys lien on clients property
14. Quantum meruit, defined
15. How attorneys fee is determined on a quantum meruit basis
16. Equitable reduction of excessive attorneys fees
17. When quantum meruit attorneys fees denied notwithstanding services rendered
18. Quantum meruit under special laws
19. Retaining fee, defined
20. Two kinds of retainer fees; general retainer and special retainer
21. Expiration of retainer agreement does not mean that lawyer is no longer entitled to attorneys
fees for services rendered
CANON 21 Duty to Preserve the Clients Confidence and Secrets
1. Duty to Preserve the Clients Confidence and Secrets Forever
2. Rationale of Lawyer-Client Confidentiality
RULE 21.01 Duty Not to Reveal the Clients Secrets Except When Allowed by the Rule
1. Duty Not to Reveal the Clients Secrets Except When Allowed by the Rule

2. Creation of Lawyer-Client Relationship

3. Nature of lawyer-client relationship
4. Written contract not an essential element
5. Termination of the lawyer-client relationship
6. Personal relationships irrelevant in lawyer-client relationships
7. Payment of fees to the lawyer irrelevant in lawyer-client relationships
RULE 21.02 Duty Not to Misuse Information Acquired From a Client
1. Duty Not to Misuse Information Acquired From a Client
2. Use of the information obtained during the legal consultation
RULE 21.03 Duty to Obtain the Written Consent of the Client Prior to Disbursement of Certain
Information
1. Duty to Obtain the Written Consent of the Client Prior to Disbursement of Certain Information
RULE 21.04 Duty Not to Disclose Information to Members of the Firm When Prohibited by the Client
1. Duty Not to Disclose Information to Members of the Firm When Prohibited by the Client
RULE 21.05 Duty to Prevent Leakages of Clients Confidences and Secrets
1. Duty to Prevent Leakages of Clients Confidences and Secrets
RULE 21.06 Duty to Prevent Indiscreet Conversations About a Clients Affairs
1. Duty to Prevent Indiscreet Conversations About a Clients Affairs
RULE 21.07 Duty Not to Reveal the Fact of Consultation
1. Duty Not to Reveal the Fact of Consultation
CANON 22 Duty to Withdraw Legal Services Only for Good Cause and Upon Notice
1. Duty to Withdraw Legal Services Only for Good Cause and Upon Notice
2. Related provision in the Canons of Professional Ethics
RULE 22.01 Duty to Withdraw Legal Services Only When Allowed by the Rule
1. Duty to Withdraw Legal Services Only When Allowed by the Rule
2. Withdrawal due to deliberate failure to pay fees
3. Mandatory withdrawal
4. The requirement of proper withdrawal
5. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Change of
attorneys
RULE 22.02 Duty to Effect an Orderly Turn-Over After Withdrawal or Discharge
1. Duty to Effect an Orderly Turn-Over After Withdrawal or Discharge
2. Retainer lien; The lawyers right to retain papers
3. Related provision in Rule 138 (Attorneys and Admission to Bar) of the Rules of Court; Attorneys
liens

Book 3
Rule 138 Attorneys and Admission to Bar
Section 1. Who may practice law
Section 2. Requirements for all applicants for admission to the bar
1. Qualifications required for admission to the bar
2. Other requisites for admission to the bar
3. Admission to bar is not a right but a privilege
4. Requirement of disclosure of charges filed or pending; Application to take the bar examinations
5. When oath-taking of a successful examinee may be deferred
6. Inquiry into moral character of applicant is broader that in disbarment proceedings
7. The requirement of good moral character for applicants is more stringent than the norm of
conduct expected from members of the general public
8. The requirement of good moral character is more important than the possession of legal learning
Section 3. Requirements for lawyers who are citizens of the United States of America
Section 4. Requirements for applicants from other jurisdictions

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Section 5. Additional requirements for other applicants

Section 6. Pre-Law
1. Misrepresentation of educational attainment
2. Law degrees
3. Articled Clerkship
Section 7. Time for filing proof of qualifications
Section 8. Notice of Applications
Section 9. Examination; subjects
Section 10. Bar examination, by questions and answers, and in writing
Section 11. Annual examination
Section 12. Committee of examiners
Section 13. Disciplinary measures
Section 14. Passing average
Section 15. Report of the committee; filing of examination papers
Section 16. Failing candidates to take review course
Section 17. Admission and oath of successful applicants
1. Burden of admission to the bar
2. Authority of the Supreme Court over admissions to the bar
3. Appellation for those admitted to the bar
Section 18. Certificate
Section 19. Attorney's roll
Section 20. Duties of attorneys
Section 21. Authority of attorney to appear
Section 22. Attorney who appears in lower court presumed to represent client on appeal
Section 23. Authority of attorneys to bind clients
Section 24. Compensation of attorneys; agreement as to fees
Section 25. Unlawful retention of client's funds; contempt
Section 26. Change of attorneys
Section 27. Disbarment or suspension of attorneys by Supreme Court, grounds therefor
1. Authority of the Supreme Court to regulate the practice of law
2. Enumeration of grounds is not exclusive
3. Discipline of lawyers for acts or omissions committed in a foreign jurisdiction
Section 28. Suspension of attorney by the Court of Appeals or a Court of First Instance
Section 29. Upon suspension by the Court of Appeals or Court of First Instance, further proceedings in
Supreme Court
Section 30. Attorney to be heard before removal or suspension
Section 31. Attorneys for destitute litigants
Section 32. Compensation for attorneys de oficio.
Section 33. Standing in court of person authorized to appear for Government
Section 34. By whom litigation conducted
Section 35. Certain attorneys not to practice
Section 36. Amicus Curiae
Section 37. Attorneys liens

Book 4
Rule 139-B Disbarment and Discipline of Attorneys
SECTION 1. How Instituted
1. The power of the Court to discipline is an inherent and exclusive power
2. Disbarment proceedings is sui generis; a class of their own
3. The purpose of disbarment
4. Withdrawal of complaint
5. Burden of proof in disbarment cases
6. Disbarment proceeding are matters of public interest; No private interest involved in disbarment
cases; Hence; a real party-in-interest is not required
7. Quantum of proof in disbarment cases
8. No Res Judicata in disbarment cases
9. No Prejudicial Questions in Disbarment Proceedings

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10. Prescription; disbarment cases do not prescribe

11. In pari delicto is not a defense
12. Monetary claims cannot be granted in disbarment cases except restitution and return of monies
and properties of the client given in the course of the lawyer-client relations
13. The powers of the Supreme Court to punish for contempt and the power to discipline lawyers,
distinguished
SEC. 2. National Grievance Investigation
SEC. 3. Duties of the National Grievance Investigator
SEC. 4. Chapter assistance to complainant
SEC. 5. Service or dismissal
SEC. 6. Verification and service of answer
SEC. 7. Administrative counsel
SEC. 8. Investigation
1. Disposition on the complaint by the Investigating Commissioner
SEC. 9. Depositions
SEC. 10. Report of Investigator
SEC. 11. Defects
SEC. 12. Review and decision by the Board of Governors
1. Decision of Board must be in writing
SEC. 13. Supreme Court Investigators
SEC. 14. Report of the Solicitor General or other Court-designated Investigator
1. Supreme Court may dismiss groundless complaints outright
2. Referral by the Supreme Court to the IBP is not mandatory
3. Supreme Court is not bound by the findings or recommendations of the IBP
SEC. 15. Suspension of attorney by Supreme Court
SEC. 16. Suspension of attorney by the Court of Appeals or a Regional Trial Court
SEC. 17. Upon suspension by Court of Appeals or Regional Trial Court, further proceedings in Supreme
Court
SEC. 18. Confidentiality
SEC. 19. Expenses
Sec. 20. Effectivity and Transitory Provision
1. Forfeiture of the right to cross-examine
2. Waiver of the right to be heard
3. Penalty of suspension
4. Confidential proceedings

Book 5
New Code of Judicial Conduct
Canon 1 Independence
Section 1. Individual Judicial Independence
1. Individual Judicial Independence
Section 2 Individual Independence from Judicial Colleagues
1. Individual Independence from Judicial Colleagues
Section 3 Duty Against Meddling with Another Court or Administrative Agency
1. Duty Against Meddling with Another Court or Administrative Agency
Section 4 Individual Independence from Private Interests and Influence
1. Individual Independence from Private Interests and Influence
2. Judges family, defined
3. Mandatory inhibition
Section 5 Judicial independence from the executive and legislative branches of government
1. Judicial independence from the executive and legislative branches of government
Section 6 Individual Independence from Society and from Litigants

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1. Individual Independence from Society and from Litigants

Section 7 Duty to Uphold Safeguards
1. Duty to Uphold Safeguards
Section 8 Duty of High Standards in Judicial Conduct
1. Duty of High Standards in Judicial Conduct
Canon 2 Integrity
1. Duty to Disclose to the Appointing Authority and Judicial and Bar Council
Section 1 Duty to be Above Reproach and Duty to Appear Above Reproach
1. Duty to be Above Reproach and Duty to Appear Above Reproach
2. Integrity is a necessity
Section 2 Duty of Public Conduct
1. Duty of Public Conduct
Section 3 Duty to Instill Discipline Among Lawyers and Court Personnel
1. Duty to Instill Discipline Among Lawyers and Court Personnel
2. Slightest impropriety of court personnel should be checked
Canon 3 Impartiality
1. Duty to be Impartial
2. Allegations of partiality must be substantiated
Section 1 Duty to be Free from Favor, Bias or Prejudice
1. Duty to be Free from Favor, Bias or Prejudice
Section 2 Duty to Appear Impartial
1. Duty to Appear Impartial
2. Illustration of violation of this Section
Section 3 Duty Not to Give Cause for Disqualification
1. Duty Not to Give Cause for Disqualification
2. Guidepost for voluntary inhibition of judges
3. Provision in the Rules of Court
Section 4 Duty to Refrain from Undue Comments on a Case
1. Duty to Refrain from Undue Comments on a Case
Section 5 Instances of Mandatory Inhibition
1. Instances of Mandatory Inhibition
2. Instances when judge need not inhibit
Section 6 Grounds for Inhibition May be Waived by the Parties
1. Grounds for Inhibition May be Waived by the Parties
Canon 4 Propriety
Section 1 Duty to Avoid Improprieties and Appearance of Improprieties
1. Duty to Avoid Improprieties and Appearance of Improprieties
2. Illustrations of violation of this Section
3. Gross misconduct of a judge, defined
Section 2 Personal Restrictions in the Conduct of Judges
1. Personal Restrictions in the Conduct of Judges
Section 3 Duty to Restrict Relations with Lawyers
1. Duty to Restrict Relations with Lawyers
Section 4 Restrictions Involving the Judges Family
1. Restrictions Involving the Judges Family
Section 5 Restrictions in the Use of Judges Residence

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1. Restrictions in the Use of Judges Residence

Section 6 Exercise of Constitutional Rights Should not Impinge Judicial Independence
1. Exercise of Constitutional Rights Should not Impinge Judicial Independence
Section 7 Duty of Financial Transparency and Duty to Avoid Financial Conflicts of Interest
1. Duty of Financial Transparency and Duty to Avoid Financial Conflicts of Interest
Section 8 Duty Not to Use Judicial Influence
1. Duty Not to Use Judicial Influence
Section 9 Duty of Confidentiality
1. Duty of Confidentiality
2. Court records as public documents; Access requires legitimate reason
4. Rationale for public access to court records
3. Court records or judicial records, defined
Section 10 Allowable Judicial Activities
1. Allowable Judicial Activities
Section 11 Duty Not to Practice Law
1. Duty Not to Practice Law
2. Private practice by a judge, defined
Section 12 Involvement in Judicial Organizations
1. Involvement in Judicial Organizations
Section 13 Duty of Judges and Members of his Family Against Soliciting or Accepting Financial or Material
Gain
1. Duty of Judges and Members of his Family Against Soliciting or Accepting Financial or Material
Gain
Section 14 Duty of Court Staff and Persons Under the Judges Authority Against Soliciting or Accepting
Financial or Material Gains
1. Duty of Court Staff and Persons Under the Judges Authority Against Soliciting or Accepting
Financial or Material Gains
Section 15 Acceptable Financial or Material Gains
1. Acceptable Financial or Material Gains
Canon 5 Equality
Section 1 Duty to be Aware of Social Diversities
1. Duty to be Aware of Social Diversities
Section 2 Duty Against Bias and Prejudice
1. Duty Against Bias and Prejudice
Section 3 Duty to Give Due Consideration, Respect and Courtesy
1. Duty to Give Due Consideration, Respect and Courtesy
2. Illustration of lack of consideration to a judicial colleague
Section 4 Duty to Ensure Equal Treatment by Court Staff
1. Duty to Ensure Equal Treatment by Court Staff
Section 5 Duty to Ensure Lawyers are not Biased or Prejudiced
1. Duty to Ensure Lawyers are not Biased or Prejudiced
Canon 6 Competence and Diligence
Section 1 Primacy of Judicial Duties
1. Primacy of Judicial Duties
Section 2 Coverage of Judicial Duties
1. Coverage of Judicial Duties

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Section 3 Duty of Professional Development

1. Duty of Professional Development
2. More than just a cursory acquaintance with the statutes and procedural rules is needed
Section 4 Duty Towards Developments in International Law and Human Rights
1. Duty Towards Developments in International Law and Human Rights
Section 5 Duty to be Efficient, Fair and Prompt
1. Duty to be Efficient, Fair and Prompt
2. Illustration of violation of this Section
3. Illustration of ignorance of procedural rule
4. Judicial errors
5. Delay in resolving cases
6. Inefficiency of court personnel is not an excuse
Section 6 Duty to Maintain Order, Decorum and Respect in Court Proceedings
1. Duty to Maintain Order, Decorum and Respect in Court Proceedings
2. Television coverage of a trial
3. Illustration of violation of this Section
4. Related Provision in the Code of Judicial Conduct
Section 7 Conduct Compatible with Diligent Discharge of Judicial Duties
1. Conduct Compatible with Diligent Discharge of Judicial Duties

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