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Under the Sec. 20, Rule 138, RoC, it is the duty A.1. RESPECT FOR LAW AND LEGAL
of an attorney:
PROCESSES
(1) To maintain allegiance to the Republic of
the Philippines and to support the Canon 1. A lawyer shall uphold the Constitution,
Constitution and obey the laws of the obey the laws of the land and promote respect for
Philippines; law and legal process.
(2) To observe and maintain the respect due
to the courts of justice and judicial officers;
NOTE: Canon 1 is the 3rd top source of
(3) To counsel or maintain such actions or
Questions on the Code of Professional
proceedings only as appear to him to be
Responsibility. It was asked 18 times in the last
just, and such defenses only as he believes
20 years as of 2014 [Lex Pareto (2014 ed)]
to be honestly debatable under the law;
Freedom of speech and of expression, like all
(4) To employ, for the purpose of maintaining
constitutional freedoms, is not absolute and
the causes confided to him, such means
that freedom of expression needs on occasion
only as are consistent with truth and
to be adjusted to and accommodated with the
honor, and never seek to mislead the
requirements of equally important public
judge or any judicial officer by an artifice or
interests. One of these fundamental public
false statement of fact or law;
interests is the maintenance of the integrity
(5) To maintain inviolate the confidence, and and orderly functioning of the administration
at every peril to himself, to preserve the of justice [Zaldivar v. Gonzales, G.R. Nos.
secrets of his client, and to accept no 79690-707 and 80578 (1988)].
compensation in connection with his
Pursuant to Zaldivar v. Gonzales, G.R. Nos.
client’s business except from him or with
79690-707 and 80578 (1988)], the
his knowledge and approval;
responsibility of a ‘public’ lawyer (such as
(6) To abstain from all offensive personality Special Prosecutor), who owes duties of
and to advance no fact prejudicial to the fidelity and respect to the Republic and to the
honor or reputation of a party or witness, Supreme Court as the embodiment and the
unless required by the justice of the cause repository of the judicial power in the
with which he is charge; government of the Republic, to uphold the
dignity and authority of the Supreme Court
(7) Not to encourage either the
and not to promote distrust in the
commencement or the continuance of an
administration of justice is heavier than that of
action or proceeding, or delay any man’s
a private practicing lawyer [Zaldivar v.
cause, from any corrupt motive or interest;
Gonzales, G.R. Nos. 79690-707 and 80578
(8) Never to reject, for any consideration (1988)].
personal to himself, the cause of the
defenseless or oppressed;
(9) In the defense of a person accused of
Rule 1.01. A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
crime, by all fair and honorable means,
conduct.
regardless of his personal opinion as to
the guilt of the accused, to present every
defense that the law permits, to the end
UNLAWFUL CONDUCT
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An unlawful conduct is act or omission which (5) The issuance of checks without sufficient
is against the law. Dishonesty involves lying or funds to cover the same. [Aca v. Salvado,
cheatsng [Agpalo (2004)] A.C. No. 10952, (2016)]
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UP LAW BOC LEGAL ETHICS LEGAL AND JUDICIAL ETHICS
commission on Bar Discipline of the IBP. [Lex Supports perjury, the defrauding of innocent
Pareto, Bar 2002] persons by judgments, upon manufactured
causes of actions and the defrauding of
Rule 1.02. A lawyer shall not counsel or abet
injured persons having proper causes of action
activities aimed at defiance of the law or at
but ignorant of legal rights and court
lessening confidence in the legal
procedure.
profession.
A lawyer’s conduct of vindictiveness is a
decidedly undesirable trait especially when
The promotion of organizations, with one resorts to using the court not to secure
knowledge of their objectives, for the purpose justice but merely to exact revenge warrants
of violating or evading the laws constitutes to his dismissal from the judiciary. [Saburnido v.
malpractice of gross misconduct in his office Madrono, A.C. No. 4497 (2001)]
[In re: Terrell, G.R. No. 1203 (1903)].
A lawyer should advise his client to uphold the AMBULANCE CHASING AND BARRATRY
law, not to violate or disobey it. Conversely, he DISTINGUISHED [Lex Pareto (2014)]
should not recommend to his client any
recourse or remedy that is contrary to law, Ambulance Chasing Barratry
public policy, public order, and public morals
Refers to personal Refers to any action
[Coronel v. Cunanan, A.C. 6738 (2015)].
injury
Refers to cases Refers to suits
Rule 1.03. A lawyer shall not, for any corrupt brought before before judicial or
motive or interest, encourage any suit or judicial bodies non-judicial bodies
delay any man’s cause.
A.2. EFFICIENT, CONVENIENT LEGAL Rule 2.02. In such cases, even if the lawyer
SERVICES does not accept a case, he shall not refuse
to render legal advice to the person
Canon 2. A lawyer shall make his legal concerned if only to the extent necessary to
services available in an efficient and safeguard the latter’s rights.
convenient manner compatible with the
independence, integrity and effectiveness
of the profession. Advice may be on what preliminary steps to
take until the client has secured the services of
counsel. But he shall refrain from giving legal
advice if the reason for not accepting the case
NOTE: Asked 4 times in the last 20 years as of
2014 [Lex Pareto (2014 ed)] is that there involves a conflict of interest
between him and a prospective client or
Free access to the courts and quasi-judicial between a present client and a prospective
bodies and adequate legal assistance shall client. [Agpalo (2004)]
not be denied to any person by reason of
poverty. [Sec. 11, Art. III, 1987 Constitution]
A person in need of legal services should be Rule 2.03. A lawyer shall not do or permit to
able to find a lawyer who is qualified to provide be done any act designed to primarily solicit
them. It is the responsibility of the bar to make legal business.
such services available [Agpalo (2004)].
A well-known lawyer has been engaged to run
Rule 2.01. A lawyer shall not reject, except a program in which he encourages indigent
for valid reasons, the cause of the party litigants to consult him free of charge
defenseless or the oppressed. about their legal problems over a radio and
television network. Has he violated any ethical
rules? – YES, as it involves indirect advertising
Membership in the bar is a privilege burdened and solicitation and is likewise violative of the
with conditions. It could be that for some confidentiality of lawyer-client relationship.
lawyers, especially the neophytes in the His act may also be considered as a form of
profession, being appointed counsel de self-praise hence subject to discipline [In re:
oficio is an irksome chore. For those holding Tagorda, G.R. No. 32329, (1929), cited in Lex
such belief, it may come as a surprise that Pareto (2014); Linsangan v. Tolentino, A.C.
counsel of repute and of eminence welcome 6672(2009)]
such an opportunity. It makes even more Law is not a business but a profession. Unlike
manifest that law is indeed a profession a businessman, the lawyer has:
dedicated to the ideal of service and not a
mere trade. It is understandable then why a (1) Relation to the administration of justice
high degree of fidelity to duty is required of involving sincerity, integrity and reliability
as an officer of the court;
one so designated. [Ledesma v. Climaco, G.R.
No. L-23815 (1974)] (2) Duty of public service;
(3) Relation to clients with the highest degree
of fiduciary;
Legal aid is not a matter of charity. It is a
means for the correction of social imbalance (4) Relation to colleagues at the bar
that may and often do lead to injustice, for characterized by candor, fairness and
which reason it is a public responsibility of the unwillingness to resort to business
bar [Sec. 1, Art. 1, IBP Handbook, Guidelines methods of advertising and encroachment
Governing the Establishment and Operation on their practice, or dealing directly with
of the Legal Aid Office]. their clients [Agpalo (2004)]
Thus, the practice of soliciting cases at law for
the purpose of gain, either personally or
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through paid agents or brokers, constitutes The most worthy and effective
malpractice [Sec. 27, Rule 138, RoC]. advertisement possible, even for a young
A lawyer is not prohibited from engaging in lawyer, and especially with his brother
business or other lawful occupation. lawyers, is the establishment of a well-
Impropriety arises, though, when the business merited reputation for professional capacity
is of such a nature or is conducted in such a and fidelity to trust. This cannot be forced,
but must be the outcome of character and
manner as to be inconsistent with the lawyer’s
duties as a member of the bar. This conduct [Canon 27, Canons of Professional
inconsistency arises when the business is one Ethics; In re: Tagorda, supra].Rule 3.01. A
that can readily lend itself to the procurement lawyer shall not use or permit the use of any
of professional employment for the lawyer; or false, fraudulent, misleading, deceptive,
that can be used as a cloak for indirect undignified, self-laudatory or unfair
solicitation on the lawyer’s behalf; or is of a statement or claim regarding his
nature that, if handled by a lawyer, would be qualifications or legal services.
regarded as the practice of law [Villatuya v.
Tabalingcos, A.C. 6622 (2012)
ALLOWABLE ADVERTISEMENT
(1) Ordinary simple professional card;
Rule 2.04. A lawyer shall not charge rates
(2) Publication in reputable law list with brief
lower than those customarily prescribed
biographical and other informative data
unless the circumstances so warrant.
which may include:
(a) Name;
Ratio: the practice of law is profession and not
(b) Associates;
a trade. It is improper to lower your legal rates
just because another lawyer has offered a (c) Address;
lower legal fee. [Lex Pareto (2014)]
(d) Phone numbers;
This rule prohibits the competition in the
(e) Branches of law practiced;
matter of charging professional fees for the
purposed of attracting clients in favor of the (f) Birthday;
lawyer who offers lower rates. The rule does (g) Day admitted to the bar;
not prohibit a lawyer from charging a reduced
fee or none at all to an indigent or to a person (h) Schools and dates attended;
who would have difficulty paying the fee (i) Degrees and distinctions;
usually charged for such services [Agpalo
(2004)] (j) Public or quasi-public offices;
(k) Posts of honor;
A.3. TRUE, HONEST, FAIR, DIGNIFIED & (l) Legal authorships;
OBJECTIVE INFORMATION ON LEGAL (m) Teaching positions;
SERVICES
(n) Associations;
Canon 3. A lawyer in making known his
legal services shall use only true, honest, (o) Legal fraternities and societies;
fair, dignified and objective information or (p) References and regularly represented
statement of facts. clients must be published for that
purpose [Ulep v. The Legal Clinic, Inc.,
B.M. No. 553 (1993)];
NOTE: Canon 3 is 5th top source of Questions
on CPR. Asked 12 times in the last 20 years as (3) Publication of simple announcement of
of 2014 [Lex Pareto (2014)] opening of law firm, change of firm;
(4) Listing in telephone directory but not
under designation of special branch of
law;
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(5) If acting as an associate (specializing in a layman could distinguish between the two
branch of law), may publish a brief and functions.
dignified announcement to lawyers (law
The lawyer must make it clear to his client
list, law journal);
whether he is acting as a lawyer or in
(6) If in media, those acts incidental to his another capacity.
practice and not of his own initiative;
(7) Writing legal articles;
Rule 3.02. In the choice of a firm name,
(8) Activity of an association for the purpose no false, misleading or assumed name
of legal representation. shall be used. The continued use of the
The law list must be a reputable law list name of a deceased partner is
published primarily for that purpose; it cannot permissible provided that the firm
be a mere supplemental feature of a paper, indicates in all its communications that
magazine, trade journal or periodical which is said partner is deceased.
published primarily for other purposes.
PROHIBITED ADVERTISEMENTS The continued use of the name of a deceased
[Sec. 27, Canon of Professional Ethics] partner is permissible provided that the firm
indicates in all its communications that said
(1) Through touters of any kind whether allied partner is deceased [Agpalo (2004)].
real estate firms or trust companies
advertising to secure the drawing of deeds Ratio: All partners by their joint efforts over a
or wills; period of years contributed to the goodwill
attached to the firm name, and the removal of
(2) Offering retainers in exchange for the deceased partner’s name disturbs the
executorships or trusteeships to be client goodwill built through the years.
influenced by the lawyer;
Firms may not use misleading names showing
(3) Furnishing or inspiring newspaper association with other firms to purport legal
comments concerning the manner of their services of highest quality and ties with
conduct, the magnitude of the interests multinational business enterprise especially
involved, the importance of lawyer’s when such firm attached as an associate
position, and all other like self-laudation. cannot legally practice law in the Philippines
A lawyer may not properly publish his brief [Dacanay v. Baker and McKenzie, A.C. 2131
biographical and informative data in a daily (1985)].
paper, magazine, trade journal or society
program in order to solicit legal business
[Khan v. Simbillo, A.C. 5299 (2003)]. Rule 3.03. Where a partner accepts public
office, he shall withdraw from the firm and
It is highly unethical for an attorney to his name shall be dropped from the firm
advertise his talents or skill as a merchant name unless the law allows him to practice
advertises his wares. The law is a profession law concurrently.
not a business. Solicitation of cases by himself
or through others is unprofessional and lowers
the standards of the legal profession. [In re: Purpose: To prevent the law firm from using
Tagorda, supra]. his name to attract legal business and to avoid
In the last analysis, where to draw the line is a suspicion of undue influence.
question of good faith and good taste. A civil service officer or employee whose duty
or responsibility does not require his entire
time to be at the disposal of the government
ENTERING INTO OTHER BUSINESSES may not engage in the private practice of law
For it to constitute as inconsistent with the without the written permit from the head of
lawyer’s profession, it is advisable that they the department concerned [Agpalo (2004)].
be entirely separate and apart such that a
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When may a former government lawyer be A prosecuting attorney, by the nature of his
prohibited from accepting a legal office, is under no compulsion to file a
engagement? [Lex Pareto (2014)] particular criminal information where he is not
convinced that he has evidence to prop up the
a. A lawyer shall not after leaving the
averments thereof, or that the evidence at
government service accept
hand points to a different conclusion. This is
engagement or employment in
not to discount the possibility of the
connection with any matter in which
commission of abuses on the part of the
he had intervened while in said
prosecutor. But we must have to recognize
service;
that a prosecuting attorney should not be
b. Retired members of the judiciary unduly compelled to work against his
receiving pensions form the conviction. In case of doubt, we should give
government should not practice law him the benefit thereof. A contrary rule may
where the government is the adverse result in our courts being unnecessarily
party or in a criminal case involving a swamped with unmeritorious cases. Worse
government employee in the still, a criminal suspect's right to due process -
performance of his duties as such the sporting idea of fair play - may be
transgressed. So it is, that in People vs. Sope,
this Court made the pronouncement that "[i]t
Sec. 4, RA 6713 provides the norms of conduct is very logical that the prosecuting attorney,
of public officials and employees. being the one charged with the prosecution of
offenses, should determine the information to
be filed and cannot be controlled by the
Rule 6.01. The primary duty of a lawyer offended party." [People v. Pineda, G.R. No.
engaged in public prosecution is not to L-26222 (1967)]
convict but to see that justice is done. The
suppression of facts or the concealment of
witnesses capable of establishing the Rule 6.02. A lawyer in the government
innocence of the accused is highly service shall not use his public position to
reprehensible and is cause for disciplinary promote or advance his private interests,
action. nor allow the latter to interfere with his
public duties.