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CRIMINAL, CIVIL, AND AJpMINISTRAt'IvE
LIABILITIES OF A LAWYER
(LEGAL ETHICS)

LEGAL ETHICS - The branch of moral science that treats of duties which
lawyers owe to Courts, to clients, to colleagues (in the
profession) and to community (public)-MALCOLM.

FOUR-FOLD DUTIES OF LAWYERS

- to Courts
- to clients
- to colleagues (in the profession)
- to community (the public)

BREACH OF DUTIES OF LAWYERS

A. TO COURTS

1. As officers of the Court

2. Obstruction of justice
3. Misleading the court
4. Preferring false charges
5. Introducing false evidence
6. Willfully disobeying coury:orders
7. Using vicious or disrespectful language
8. Continuing to practice after suspension

II. TO CLIENTS

In general, lawyers owe their clients the duties of entire

devotion, undivided allegiance, loyalty, fidelity and integrity.

a) Negligence in the performance of duties

b) Employment of unlawful names
c) Deceit or misrepresentation
d) Representing averse interest
e) Revealing client's secret
f) Purchasing client's prosperity in litigation
g) Failing to account for clients' funds/properties
h) Collecting unreasonable/exhorbitant fees fees
i) Acting without authority
j) Willfully appearing without retained

Ill. TO HIS COLLEAGUES IN PROlfESSION

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 A lawyer is expected to Iive up to the standards of the
legal profession.

a) Non-profession conduct
b) Gross immorality - one that is so corrupt and false as to
constitute a criminal act OF so unprincipled or disgraceful
as to be reprehensible to a high degree.
c) Conviction of a crime invqlving moral turpitude
d) Promoting to violate or violating penal laws
e) Misconduct in the discharge of official duties
f) Commission of fraud or falsehood
g) Misconduct as notary public

LIABILITIES OF AN ATTORNEY

I. CRIMI AL LIABILITIES

Art. 209 (RPC) - In addition to the proper administrative

action, the penalty of prison correctional in its minimum period
or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon an attorney-at-law or solicitor, who, having
undertaken the defense of a client or reveal any of the secrets 0
the latter learned by him in his professional capacity.

The same penalty shall b~ imposed upon an attorney-at-

law or solicitor, who, having undertaken the defense of a client
or having received confidential information from said client in a
case, shall undertake the defense of the opposing party in the
same case, without the consent of his first client.

ACTS PENALIZED

A) causing prejudice to client through malicious breach of

professional duty or through inexcusable negligence

B) revealing a client's secret learned in the lawyer's

professional capacity through malicious breach of
professional duty or through inexcusable negligence or
Ignorance

MEANING

MALICIOUS implies ideliberate or sinister design

on the ~art of the lawyer

INEXCUSABLE - signifier a manifest injustice which

cannot :be explained by a reasonable
interpretation

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 C) Representing adverse interest -
It must be without the consent of the first client.

D) Introducing false evidence (Art. 172, RPC)

1. Knowingly
2. With prior knpwledge of its falsity

E) Misappropriating client's fund

1. Liable for estafa

II. LIABILITY FOR DAMAGES

11.1. - Degree of CARE REQUIRED

To extent that degree of cfe and vigilance expected of

good father such a degree of care and ordinary diligence as any
member of the BAR similarly situated is expected to exercise.
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It is only when he fails, by design or gross omission, to

live up to that standard of care Iand diligence that he may be
held civilly liable therefore.
I I

A. CIVIL LIABILITY TO THE CLIE T

In case of negligence or misconduct not for mere

error in judgment.

REQUISITES:
1. Attorney-client relationship
2. Want of reasonable care and diligence (gross and patent)
3. Injury sustained by the client as the proximate result

n.2. - LIABILITY FOR BREACH OF FIDUCIARY

OBLIGATIO S

1. A lawyer holds his client' ~ funds or property in trust for

the client.
2. He must make an accounting of such funds.

He failure to return the client' s money or property after

the demand gives rise to the presumption that he has
misappropriated the same to his personal benefit and makes him
civilly liable, apart from his criminal or administrative
responsibility arising therefrom.

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 3. He cannot purchase a client's property involved m
litigation in which he is counsel.

III. LIBELOUS WORDS IN PLEf\DI GS

IlL I. As a rule, lawyer are exempted from liability for as long

as the statements are:

a) connected Wi~l
b) relevant
c) pertinent
d) material
to the cause in hand or the 'subject of inquiry

III.2. If the pleader goes beyond the requirements of the statute

and alleges an irrelevant matter, which is libelous, he
loses his privilege.

IV. LIABILITY FOR COSTS OF SUIT

When a lawyer insisted on the client's patently

unmeritorious case or interposed an appeal merely to delay
litigation or thwart the prompt; satisfaction of the prevailing
party's just and valid claim, the court may adjudge the lawyer
liable to pay treble the cost of the, suit.

V. CO TEMPT OF COURT

V.1. Contempt proceedings are I criminal in nature even if the

acts complained of are incidents of civil actions

Thus, as far as prac~icable, rules of procedure and

rules of evidence in criminal prosecution adopted.

V.2. KINDS OF CONTEMPT

A. Direct - which is punished summarily, consists of

misbehavior in the presence of o~ so near a court or judge as to
interrupt or obstruct the procee1ings before the court or the
administration of justice.

B. Indirect or Constructive - one committed away

from the court involving disob1dience of or resistance to a
lawful writ, process, order, judgment or command of the court
or tending to belittle, degrade, obstruct, interrupt or embarrass
the court.

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 C. Civil - the failure to do something ordered by the:
court which is for the benefit of a party.

D. Criminal - consist q>fconduct directed against the

authority or dignity of the court. I

In direct contempt, no formal charge is necessary and th

proceeding in the summary in nature, a punishment in direc
contempt is not appealable and may be reviewed only on
Petition for Certiorari.

V.3. ACTS CONSTITUTINQCONTEMPT

a) Misbehavior as an officer of the court

b) Disobedience or resistance to a lawful order of the
court
c) Abuse of or unlavlful interference with judicial
proceedings I
d) Obstruction in the administration of justice
e) Misleading the couq or making false allegations
f) Criticism, insults, pr veiled threats against the
court
g) Aiding in the unauthorized practice of law
h) Unlawful retention 9f client's fund
i) By advising a clientlto commit a contemptuous act
as in fact the client did commit.

V.4. A publication which tends ito impede, obstruct, embarrass

or influence the courts In administering justice in a
pending suit or proceedings, constitutes criminal
contempt which is summa~ly punished.

It embraces any anticipatory and speculative article

about a pending suit and its probable outcome.

V.5. Publication tending to degrade the court; disrespectful

language in the pleadings: :

A. A publication .which tends to bring the court

in any way into disrepute constitutes criminal contempt.

B. A lawyer who uses in his pleading, works

that tends to degrade the court or bring it into disrepute,
commits contempt of court.
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C. \VlIERE FIL~D (upon verified complaint)

1. Supreme Court

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 2. IBP National Office
3. In any of the IBP Chapter Offices

However, all charges against justice of th

Court of Appeals, the Sandiganbayan, Court 0
Tax Appeals, and the lower courts, even if the
lawyers are jointly charged with them, shall be
filed with the Supreme Court, and such charges, i
filed with the IBP shall immediately be forwarded
to the Supreme i Court for disposition an
adjudication. I

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Moreover, complaints for disbarment ma
not lie against impeachable officers of the
government during their tenure because they may
only be removed from the office by impeachment
and for conviction of certain offenses.

C. ACTIONTHATMAYBJ:TAKEN:

1. The Supreme Court, motu proprio, may

conduct the proceeding itself or if a complaint be file
therein, may refer the complaint to IBP or the Solicitor
General or to any justice Of judge for proper investigation
and report and on the ba~is thereof the Supreme Court
will base its final action or may itself conduct the
necessary investigation.

2. IBP

a) The na~onal grievance investigator or

if so required by the IBP Board of Governors, a
panel of three investigators, to whom the
complaint is assigned, will ascertain whether said
complaint is meritorious.

If complaint ~s meritorious, the investigator

shall direct that a cqpy thereof be served upon the
respondent, requiring him to answer within 15
days from date of service.

If the complaint does not merit action or if

the answer shows' to the satisfaction of the
investigator that the] complaint is not meritorious,
the same may be I dismissed by the Board of
Governors upon his recommendation.

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 A copy of the resolution of dismissal shal
be furnished the oomplainant and the Suprem
Court which may review the case motu propio 0
upon timely appeal of the complainant filed withi
15 days from nonce of the disrni ssal of the
complainant.

b) The answer must be verified, upon the

joinder of issues or upon failure of the responden
to answer, the investigator shall proceed with the
investigation of the case.

The investigator shall terminate the

investigation withini 3 months from the date of its
commencement, unless extended for good cause
by the Board of Governors upon prior application.

V.6. EFFECT OF LACK OF INTENT

Whether or not an act constitutes contempt

depends on its nature and not on the presence 0
offensive intent.

However, the absence of such intent or expressing

apology may be consiqered mitigating, unless the
apology appears to be insincere, sham or artful.

V.7 PUNISHMENT

A. Fine
B. Imprisonment
C. Both
D. Inappropriate cases, after due notice why no
disciplinary action be taken, and opportunity to be
heard, suspended from practice of law.

DISCIPLI ARY PROCEEDINGS

A. NATURE

1. It is not in any sense a civil action where the complainant

is the plaintiff and the respondent lawyer a defendant.

It involves no private interest. It affords no redress for private

gnevance.

2. Neither is it a criminal pro,secution. It is instituted not to

inflict a punishment for a wrongful act.

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 The suspension or disbarment of a lawyer is merely
"necessary consequence of its primaryiobject, which is not so much t
punish [he individual attorney himself as to safeguard th
administration of justice by protectin~ the court and the public fro
the misconduct of officers of the co"urt, and to remove from th
profession of law persons whose disregard of their oath of office hav
proved them to unfit continue discharging the trust reposed in them a
members of the bar. "

3. A disciplinary action is i9 reality an investigation by the

court into the misconduct of its offi~er or an examination into his
character. The examination, like the ape before admission, is merel
a test of fitness. It is nonetheless a judicial proceeding.

4. It is confidential in nature.

5. It is "sui generic"

B. WHO CAN INSTITUTE:

1. Any person aggrieved by the misconduct of a lawyer.

2. .I\11Y person, even if not aggrieved, but who knows of the
lawyer's misconduct, unlawful or unethical act.
3. The Supreme Court or IB~, may motu propio.

No investigator shall be interrupted or terminated by reason 0

desistance, settlement, compromise, ~estitution, withdrawal of the
charges or failure of the complainant tOlProsecute the same.

3. The Court of Appeals of Regional Trial Court may

suspend an attorney. After due notic~ and opportunity to be heard,
from the practice of law of any of the statutory grounds, until final
order of the Supreme Court. I
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Upon such suspension, the Court of Appeals or Regional Trial

Court shall forthwith transmit to the Supreme Court a certified copy
of the order of suspension as well as a full statement of facts upon
which the same was base, for its final action on the matter.