LEGAL ETHICS

Lawyer's Oath
I, _______, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will
support its Constitution and obey the laws as well
as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not
wittingly or willing promote or sue any
groundless, false, or unlawful suit, nor give aid
nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and
discretion with all good fidelity as well to the courts
as to my clients; and I impose upon myself this
voluntary obligation without mental reservation or
purpose of evasion. So help me God.

Duties of an attorney
Rule 138, Sec. 20.

f.

To abstain from all offensive personality and

to advance no fact prejudicial to the honor
or reputation of a party or witness, unless
required by the justice of the cause with
which he is charged.

g. Not to encourage either the commencement

or the continuance of an action or
proceeding, or delay any mans cause, from
any corrupt motive or interest;
h. Never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
i.

In the defense of a person accused of crime,

by all fair and honourable means, regardless
of his personal opinion as to the guilt of the
accused, to present every defense that the
law permits, to the end that no person may
be deprived of life or liberty, but by due
process of law.

It is the duty of an attorney:

a. To maintain allegiance to the Republic of the
Philippines and to support its Constitution
and obey the laws of the Philippines;
b. To observe and maintain the respect due to
courts of justice and judicial officers;
c. To counsel or maintain such actions or
proceedings only as appear to him to be
just, and such defences only as he believes
to be honestly debatable under the law;
d. To employ, for the purpose of maintaining
the causes confided to him, such means only
as are consistent with truth and honor, and
never seek to mislead the judge or any
judicial officer by an artifice or false
statement of fact or law.
e. To maintain inviolate the confidence, and at
every peril to himself, to preserve the
secrets of his client, and to accept no
compensation in connection with his clients
business except from him or with his
knowledge and approval;

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Termination of lawyer's services

CANON 22 A lawyer shall withdraw his services
only for good cause and upon notice appropriate in
the circumstances.
Rule 22.01 A lawyer may withdraw his services in
any of the following cases:
a. When the client pursues an illegal or
immoral course of conduct in connection
with the matter he s handling;
b. When the client insists that the lawyer
pursue conduct violative of these canons
and rules.
c. When his inability to work with co-counsel
will not promote the best interest of the
client;
d. When the mental or physical condition of the
lawyer renders it difficult for him to carry out
the employment effectively;

e. When the client deliberately fails to pay the

fees for the services or fails to comply with
the retainer agreement;
f.

When the lawyer is elected or appointed to

public office; and

Rule 137. Section 1. No judge or judicial officer

shall sit in any case in which
-he, or his wife or child, is pecuniarily interested as
heir, legatee, creditor or otherwise; or
-he is related to either party within the sixth
degree of consanguinity or affinity, or to
counsel within the fourth degree, computed
according to the rules of the civil law; or

g. Other similar cases.

Lawyer's obligation to render legal aid

CANON 14 A lawyer shall not refuse his services
to the needy.
Rule 14.01 A lawyer shall not decline to
represent a person solely on the account of the
latters

-he has been executor, administrator, guardian

trustee or counsel, or in which he has presided
in any inferior court without the written consent of
all parties in interest, signed by them and entered
upon the record.

*A judge may, in the exercise of his sound

discretion, disqualify himself from sitting in a case,
for just or valid reasons other than those mentioned
above.

-race
-sex
-creed, or
-status of life; or because of his own
-opinion regarding the guilt of said accused.

Code of Judicial Conduct

1. Uphold the integrity and independence of the
judiciary.

When a lawyer may refuse to render legal

services

2. Avoid impropriety and the appearance of

impropriety.

Rule 14.02 A lawyer shall not decline, except for

serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request
from the IBP or any of its chapters for rendition of
free legal aid.

3. Perform official duties honestly, and with

impartiality and diligence.

Rule 14.03 a lawyer may not refuse to accept

representation of an indigent client unless:

4. With due regard to official duties, engage in

activities to improve the law, the legal system and
the administration of justice.
5. Regulate extrajudicial activities to minimize the
risk of conflict with judicial duties

a. he is in no position to carry out the work

effectively or competently;
b. he labors under a conflict of interest
between him and the prospective client or
between a present client and a prospective
client;

Grounds
judges

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for

disqualification,

inhibition

of

Non-Forum Shopping
Rule 12.02 a lawyer shall not file multiple actions
arising from the same cause.
Forum Shopping the act of filing repetitious suits
in different courts. It is committed through the
following:

1. Going from one court to another in the hope

of securing a favourable relief in one court,
which another court has denied.
2. Filing repetitious suits or proceedings in
different courts concerning the same subject
matter after one court has decided the suit
with finality.
3. Filing a similar case in a judicial court after
receiving an unfavourable judgment from an
administrative tribunal.

Confidentiality/privileged communications
CANON 21 A lawyer shall preserve the
confidences and secrets of his client even after the
attorney-client relation is terminated.
Rule 21.01 A lawyer shall not reveal the
confidences or secrets of his client except:
a. When authorized by the client after
acquainting him of the consequences of the
disclosure;
b. When required by law;
c. When necessary to collect his fees or to
defend himself, his employees or associates
or by judicial action.
Rule 21.02 A lawyer shall not, to the
disadvantage of his client, use information acquired
in the course of employment, nor shall he use the
same to his own advantage or that of a third
person, unless the client with full knowledge of the
circumstances consents thereto.
Rule 21.03 a lawyer shall not, without the written
consent of his client, give information from his files
to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data
processing, or any similar purpose.
Rule 21.04 a lawyer may disclose the affairs of a
client of the firm to partners or associates thereof
unless prohibited by the client.
Rule 21.05 a lawyer shall adopt such measures
as may be required to prevent those whose services
are utilized by him, from disclosing or using
confidences or secrets of the client.

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Rule 21.06 a lawyer shall avoid indiscreet

conversation about a clients affairs even with
members of his family.
Rule 21.07 a lawyer shall not reveal that he has
been consulted about a particular case except to
avoid possible conflict of interest.
Lawyers & Judges Relationship Limitations
CANON 13 a lawyer rely upon the merits of his
cause and refrain from any impropriety which tends
to influence, or gives the appearance of influencing
the court.
Rule 13.01 a lawyer shall not extend
extraordinary attention or hospitality to, nor seek
opportunity for, cultivating familiarity with Judges.

BAR DISCIPLINE
SC has full authority to: (WARDS)
-Warn,
-Admonish,
-Reprimand,
-Disbar, and
-Suspend a lawyer.

CA and RTC are also empowered to: (WARS)

-Warn,
-Admonish,
-Reprimand,
-Suspend a lawyer.

Statutory grounds for suspension &

disbarment
Rule 138. Section 27. Disbarment or suspension
of attorneys by SC; grounds therefor. A member of
the bar may be disbarred or suspended from his
office as attorney by the SC for any:

-deceit,
-malpractice, or
-other gross misconduct in such office,
-grossly immoral conduct, or
-by reason of his conviction of a crime involving
moral turpitude, or
-for any violation of the oath which he is required
to take before admission to practice, or
-for a wilful disobedience of any lawful order of a
superior court, or
-for corruptly or wilfully appearing as an
attorney for a party to a case without authority
so to do.

*The practice of soliciting cases at law for the

purpose of gain, either personally or through paid
agents or brokers, constitutes malpractice.

GROUNDS FOR SUSPENSION OR DISBARMENT

OF MEMBERS OF THE BAR
1. Under Rule 138, Sec. 27 of the Revised
Rules of Court:
a. Deceit- is a fraudulent and deceptive
misrepresentation, artifice of device used by
one or more persons to deceive and trick
another, who is ignorant of the true facts to
the prejudice and damage of the party
imposed upon. There must be false
representation as matter of fact. (Example:
Misappropriation of clients fund)
b. Malpractice, or other gross misconduct
in office- any malfeasance or dereliction of
duty committed by a lawyer. (Example:
Failure of lawyer to appeal in allowing the
period of appeal to lapse)
Legal Malpractice- consists of failure of an
attorney to use such skill, prudence and
diligence as lawyers of ordinary skill and
capacity commonly possess and exercise in
the performance of tasks which they
undertake,
and
when
such
failure
proximately causes damage, it gives rise to
an action in tort. [Tan Tek Beng vs. David,
126 SCRA 389]

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c. Grossly immoral conduct- that conduct

which is willful, flagrant or shameless and
which shows a moral indifference to the
opinion of the good and respectable
members of the community.
CASE: In the case of Arciaga vs. Maniwang [106
SCRA 591], mere intimacy between a lawyer and a
woman with no impediment to marry each other
voluntarily cohabited and had two children, is
neither so corrupt as to constitute a criminal act nor
so unprincipled as to warrant disbarment or
disciplinary action against the man as a member of
the bar.
d. Conviction of a crime involving
moral turpitude (Examples: estafa,
bribery, murder, bigamy, seduction,
abduction,
concubinage,
smuggling,
falsification of public document, violation
of B.P. 22)
e. Violation of oath of office
f. Willful disobedience of any lawful order
of a superior court
g. Corruptly or willfully appearing as an
attorney for a party to a case without
authority to do so.
2. Acquisition of an interest in the subject
matter of the litigation, either though
purchase or assignment [Art. 1491, Civil
Code]
3. Breach of professional duty, inexcusable
negligence, or ignorance, or for the
revelation of the clients secrets [Art. 208,
Revised Penal Code]
4. Representing conflicting interests [Art. 209,
Revised Penal Code]
Grounds for disbarment NOT EXCLUSIVE:
The statutory enumeration of the grounds for
disbarment or suspension is not to be taken as a
limitation on the general power of courts to
suspend or disbar a lawyer. The inherent power of
court over its officers cannot be restricted.
[Quingwa vs. Puno, Admin. Case No 398, Feb. 28,
1967] The Supreme Court has disbarred or
suspended lawyers for reasons not found in the
statute as when their acts are contrary to honesty
or good morals or do not approximate the highest
degree of morality and integrity expected of the
members of the bar. [Sta. Maria vs. Tuazon, Admin.
Case No. 396, July 31, 1964].

Quantum
of
Evidence
Required:
convincing and satisfactory evidence

clear,

2.

Burden of Proof: rests on the complainant, the

one who instituted the suit

Qualifications of a lawyer for reinstatement

-a lawyer who has been suspended or disbarred
may be reinstated when the Supreme Court in
convinced that he has already possessed the
requisites of probity and integrity necessary to
guarantee his worth to practice his profession.
Effects:
1. Recognition of moral rehabilitation and
mental fitness to practice law;

Kinds of payment which may be stipulated upon

1. FIXED OR ABSOLUTE FEE which is payable regardless
of the result of the case.
2. CONTINGENT FEE that is conditioned on the securing
of a favorable judgment and recovery of money or
property and the amount of which may be on a
percentage basis.
3. A fixed fee payable PER APPEARANCE.
4. A fixed fee computed upon the NUMBER OF HOURS
SPENT
5. A fixed fee based on PIECEWORK.
6. COMBINATION of any of the above.
RETAINER- may refer to either of two concepts:
1.
2.

2. Lawyer shall be subject to same law, rules

and regulations as those applicable to any
lawyer;
3. Lawyer must comply with the conditions
imposed on his readmission.

Extraordinary- an indemnity for damages ordered by

the court to be paid by the losing party to the prevailing
party in a litigation. The basis of this is any of the cases
authorized by law and is payable not to the lawyer but
to the client unless they have agreed that the award
shall pertain to the lawyer as additional compensation
or as part thereof.

Act of a client by which he engages the services of an

attorney to render legal advice or to defend or prosecute
his cause in court.
Fee which a client pays to the attorney

Kinds of Retainer Agreements

1. General retainer the fee paid to a lawyer to secure
his future services as general counsel for any ordinary
legal problem that may arise in the ordinary business of
the client and referred to him for legal action. The
client pays fixed retainer fees, which could be monthly
or otherwise. The fees are paid whether or not there
are cases referred to the lawyer.
2. Special retainer fee for a specific case or service
rendered by the lawyer for the client.

Ethical ways to recover attorney's fees

Situations when Counsel cannot Recover the Full Amount of
Attorneys Fees Despite Written Contract
Factors in Determining Attorneys Fees (Rule 20.1, Canon
20) (TINSAPC)
1. time spent and the extent of the services rendered or
required;
2. novelty and the difficulty of the questions involved;
3. importance of the subject matter;
4. skill demanded;
5. probability of losing other employment as a result of the
acceptance of the proffered case;
6. customary charges for similar services and the schedule
of fees of the IBP Chapter to which he belongs;
7. amount involved in the controversy and the benefits
resulting to the client from the service;
8. contingency or certainty of compensation;
9. character of the employment whether occasional or
established; and
10. the professional standing of the lawyer.

Two Concepts of Attorneys Fees

1.

Ordinary- it is the reasonable compensation paid to the

lawyer for the legal services he had rendered the client.
The basis of this compensation is the fact of
employment by the client.

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1.
2.

1.

2.
3.
4.
5.
6.

When the services called for were not performed

as when the lawyer withdrew before the case was
finished. He will be allowed only reasonable fees
When there is a justified dismissal of the
attorney, the contract will be nullified and
payment will be on the basis of quantum meruit
only. A contrary stipulation will be invalid.
When the stipulated attorneys fees are unconscionable
i.e., when it is disproportionate as compared to the
value of services rendered and is revolting to human
conscience.
When the stipulated attorneys fees are in excess of
what is expressly provided by law.
When the lawyer is guilty of fraud or bad faith toward
his client in the matter of his employment
When the counsels services are worthless because of h
is negligence.
When contract is illegal, against morals or public policy.
Serving adverse interest unless lawyer proves that it
was with the consent of both parties.

Quantum Meruit means as much as the lawyer deserves or

such amount as his services merit.
Guides for Determining Attorneys Fees on Quantum
Meruit Basis (TINS)

1.

2.

3.
4.

Time spent and extent of the services rendered or

required a lawyer is justified in fixing higher fees when
the case is so complicated and requires more time and
effort to finish it.
Novelty and difficulty of questions involved when the
questions in a case are novel and difficult, greater
effort, deeper study and research are bound to burn the
lawyers time and stamina considering that there are no
local precedents to rely upon
Importance of subject matter the more important the
subject matter or the bigger the value of the interest of
property in litigation, the higher is the attorneys fees
Skill demanded of a lawyer the totality of the lawyers
experience provides him the skill and competence
admired in lawyers.

Instances of Recovery of Attorneys Fees on the Basis of

Quantum Meruit
1.
2.
3.
4.
5.
6.

There is no express contract for payment of attorneys

fees agreed upon between the lawyer and the client.
When although there is a formal contract for attorneys
fees, the fees stipulated are found unconscionable.
When the contract for attorneys fees is void due to
formal matter.
When for justifiable cause the lawyer was not able to
finish the case.
When the lawyer and the client disregard the contract
for fees.
When the client dismissed his counsel before the
termination of the case or the latter withdrew therefrom
for valid reasons.

General Rule: A lawyer should avoid the filing of any case

against client for enforcement of attorneys fees. (Rule 20.04)
Exceptions:
1.
2.
3.

Who are Entitled to Attorneys Fees

General Rule: Only lawyers are entitled to attorneys fees.
The same cannot be shared with a non-lawyer. It is immoral.
Exceptions:
A lawyer may divide a fee for legal services with persons not
licensed to practice law: (CPR)
1.
2.

3.

a lawyer undertakes to complete unfinished legal

business of a deceased lawyer;
there is a pre-existing agreement with a partner or
associate that, upon the latters death, money shall be
paid over a reasonable period of time to his estate or to
persons specified in the agreement;
a lawyer or law firm includes non-lawyer employees in
retirement plan, even if the plan is based in whole or in
part on the profit sharing agreement

Effect of Nullity of Contract on the Right to Attorneys

Fees
1.

Champertous Contract - one where the lawyer stipulates with

his client in the prosecution of the case that he will bear all of
the expenses for the recovery of things or property being
claimed by the client, and the latter agrees to pay the former a
portion of the thing or property recovered as compensation. It is
void for being against public policy.

to prevent imposition
to prevent injustice
to prevent fraud

2.

if the nullification is due to the illegality of its object, the

lawyer is precluded from recovering;
if the nullity is due to a formal defect or because the
court has found the amount to be unconscionable, the
lawyer may recover for any services rendered based on
quantum meruit.

Instances When an Independent Civil Action to Recover

Attorneys Fees is Necessary

CONTINGENT vs. CHAMPERTOUS

CONTINGENT
CHAMPERTOUS
CONTRACT
CONTRACT

Contingent fee
payable in cash

is

2. Lawyers do not
undertake to pay all
expenses
of
litigation

1. Payable in kind
ONLY
2.Lawyers
undertake to pay
all expenses of
litigation

3. Not prohibited

3. Void

Enforcement of Attorneys Fees

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1.
2.

Main action is dismissed or nothing is awarded;

Court has decided that it has no jurisdiction over the
action or has already lost it;
3. Person liable for attorneys fees is not a party to the
main action;
4. Court reserved to the lawyer the right to file a separate
civil suit for recovery of attorneys fees;
5. Services for which the lawyer seeks payment are not
connected with the subject litigation;
6. Judgment debtor has fully paid all of the judgment
proceeds to the judgment creditor and the lawyer has
not taken any legal step to have his fees paid directly to
him from the judgment proceeds.
Compensation to Which a Lawyer is Entitled to Depending
on His Capacity
1. Counsel de Parte - He is entitled to a reasonable
attorneys fees agreed upon or in the absence thereof,
on quantum meruit basis.
2. Counsel de Oficio - The counsel may not demand from
the accused attorneys fees even if he wins the case. He
may however collect from the government funds if
available based on the amount fixed by the court.
3. Amicus Curiae - not entitled to attorneys fees