CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
respondent Judge deny such motion, but instead
appointed him counsel de oficio for two defendants. A motion for reconsideration having proved futile, he instituted this certiorari proceeding
Issue: Should his motion to withdraw as counsel
When a lawyer decides to handle a case or extend prosper? his legal services (for a fee or for free), he must see to it he must do so with efficiency and Held: No. The respondent judges denial was convenience at all times proper. The crime was allegedly committed on February 17, 1962, with the proceedings having Rule 2.01 - A lawyer shall not reject, except started in the municipal court of Cadiz on July 11, for valid reasons, the cause of the 1962. The case has been postponed at least eight defenseless or the oppressed. (8) times. A motion for postponement for the October 16, 1964 resumption of trial which was DEFENSELESS those not in the position to filed on October 15, 1964 was highly objected by defend themselves due to poverty, weakness, the prosecution since according to the ignorance & similar reasons prosecution there are two witnesses who are OPPRESSED victims of cruelty, unlawful ready to take the stand, after which the exaction, domination f excessive use of authority government would rest. *Justice be accorded w/o discrimination. Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person.
In criminal cases the right to counsel is absolute.
There can be no fair hearing unless the accused be given an opportunity to be heard by counsel. The right to be heard would be of little avail if it does not include the right to be heard by counsel. Ledesma certainly he cannot afford either to neglect his paying cases or other commitments. *Lawyer assigned to counsel oppressed/ Nonetheless, what is incumbent upon him as defenseless must not be asked to excused for any counsel de oficio must be fulfilled. trivial reasons & should always exert his best It was observed that there is no real conflict efforts on his behalf between his duties as election registrar and Rule 14.04 - A lawyer who accepts the cause of a counsel de oficio. person unable to pay his professional fees shall Ledesma was not mindful of his obligation as observe the same standard of conduct governing counsel de oficio. he ought to know that his relations with paying clients. membership in the bar is a privilege burdened *Legal aid not a matter of Charity but a Public with conditions. Being appointed as counsel de Responsibility a means of correction f social oficio requires a high degree of fidelity..All lawyers imbalance. Spirit of Public Service should treat it that way as an opportunity to prove to the community that the proper performance of Ledesma vs Climaco 57 scra 473 G.R. No. Lhis profession is not contingent upon the payment 23815 (Jun 28, 1974) of his fees. The legal profession is dedicated to Facts: Atty. Ledesma was the counsel de parte the ideal of service, and is not a mere trade. A for one of the cases pending before the sala of lawyer may be required to act as counsel de oficio Judge Climaco. on October 13, 1964, was to aid in the performance of the administration of appointed Election Registrar for the Municipality justice a duty each lawyer promised to of Cadiz, Province of Negros Occidental. Then and undertake upon taking his Oath. The fact that there, he commenced to discharge its duties. He such services are rendered without pay should filed a motion to withdraw from the case on the not diminish the lawyer's zeal. basis that his appointment as election Registrar Rule 2.02 - In such cases, even if the lawyer would require full time service as well as on the Volume or pressure of work will prevent him from does not accept a case, he shall not refuse to render legal advice to the person handling adequate the defense. Not only did
concerned if only to the extent necessary to
safeguard the latter's rights.
Director of Religious Affairs vs Estanislao
Bayot 74 Phil 579, March 20, 1944
If lawyers, by reasons of health, cannot handle
case of detainee incarcerated in military camp, he In June 1943, Bayot advertised in a newspaper could advise the latters relatives to make that he helps people in securing marriage representations w/ proper authorities to file licenses; that he does so avoiding delays and petition for habeas corpus & even recommend publicity; that he also makes marriage competent lawyer who could render prompt arrangements; that legal consultations are free assistance for the poor; and that everything is confidential. The Director of Religious Affairs took notice of the REFAIN FROM GIVING LEGAL ADVISE IF REASON ad and so he sued Bayot for Malpractice. FROM NOT ACCEPTING CASE IS CONFLICT OF INTEREST (Bet him & prosective client, or present Bayot initially denied having published the client & prospective client) advertisement. But later, he admitted the same and asked for the courts mercy as he promised to never repeat the act again. Rule 2.03 - A lawyer shall not do or permit to ISSUE: Whether or not Bayot is guilty of be done any act designed primarily to solicit Malpractice. legal business. HELD: Yes. It is undeniable that the Practice of Law profession not a money-making advertisement in question was a flagrant violation trade by the respondent of the ethics of his profession, it being a brazen solicitation of business from the Characteristics to distinguish profession from public. It is highly unethical for an attorney to business: advertise his talents or skill as a merchant -duty of public service advertises his wares.Section 25 of Rule 127 -duty is admin of justice involving sincerity, expressly provides among other things that "the integrity practice of soliciting cases at law for the purpose -relation to colleagues characterized by fairness of gain, either personally or thru paid agents or HIGHLY UNETHICAL to advertise talents/skills as brokers, constitutes malpractice." merchant But due to Bayots plea for leniency and his *TV/radio ads; self-laudatory, self-praising promise and the fact that he did not earn any statements. case by reason of the ad, the Supreme Court *Radio program of lawyer advertising skill merely reprimanded him. BUT legal aid program as public service is allowed *Advertisment LOWERS THE STANDARDS OF THE PROFESSIONS PERMISSIBLE MODES OF SOLICITING LEGAL BUSINESS: use of simple signs stating name of lawyer(s), business cards (w/picture), ads in legal periodicals bearing brief data, publication in lawyers list. Announcement in newspaper re: Opening of Law Firm BEST ADVERTISMENT: well-deserved reputation for competence, honesty
Rule 2.04 - A lawyer shall not charge rates
lower than those customarily prescribed unless the circumstances so warrant. IBP set schedule of Rates.. (consulation, documentation, retainer..acceptance fees, research, pleading, trial work..) TO AVOID DEMEANING AND DEGRADING COMPETITION as much as possible be in UNISON in fees REFRAIN from charging lower rates unless w/ valid justifications (relatives, or very poor)