CANON 14 – A LAWYER SHALL NOT
REFUSE HIS SERVICES TO THE NEEDY
RULE 14.01 – 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.
- Or else, he becomes a Judge
- While he is not bound to accept all
cases if already loaded
- APPLICABLE ONLY IN CRIMINAL
CASES
Aftermath discovery of guilt – he must
continue with defense of his client and use
all fair arguments arising on the evidence
WHY NOT APPLICABLE IN CIVIL CASES?
Rule 138 Section 20 RC (c): to
counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defenses only as he believes
to be honestly debatable under the law.
Rule 14.02 – shall not decline, except for
serious and sufficient cause, an appointment
as counsel de oficio or as an amicus curiae
or a request from the Integrated Bar of the
Philippines or any of its chapters for
rendition of free legal aid.
- If client is convicted and wants to
appeal, the court MUST still assign a
counsel de officio
- Judges are cautioned not to
frequently appoint same lawyer as
Counsel de Officio
- If the court insists that the accused
be represented by counsel de officio
despite the protestation of the
accused, the sentence rendered is
VOID.
AMICUS CURIAE – is not a party to the
action. He may petition the court for
permission to file a brief, ostensibly on
behalf of the party but actually to suggest a
rationale consistent with his own views.
Briefs are commonly filed in appeals
concerning matters of a broad public
interest e.g. Civil rights
- Does not have the right to interfere
with or control the condition of the
record
1. No control over the suit
2. No right to institute any
proceedings
3. Cannot assume the functions
of a party in an action or
proceeding
4. Cannot file a pleading in a
cause
FREE LEGAL AID:
Legal aid is NOT a matter of charity. It is a
means for the correction of social imbalance
that may and often do lead to injustice, for
which reason it is a public responsibility of
the Bar. The spirit of public service should
therefore underlie all legal aid offices.
Rule 138, Sec. 31 – refers to any case
OTHER than a criminal case where the
services of counsel are needed to secure the
ends of justice.
Wilful or malicious refusal is sufficient
ground for suspension or removal
Rule 14.03 – A lawyer may not refuse to
accept representation of an indigent client
unless:
a. He is not in a position to carry
out the work effectively or
competently
b. He labours under conflict of
interest between him and the
prospective client or between a
present client and the
prospective client
Rule 14.04 – who accepts the cause of a
person unable to pay his professional fees
shall observe the same standard of conduct
governing his relations with paying clients.
People vs. Cawili
-failed to file brief within the reglementary
period because printing is beyond the power
of the accused’s wife to defray.