1.

A lawyer shall uphold the Constitution, obey the laws of the land and promote
respect for laws of and legal process.
2. A lawyer shall make his services available in an efficient and convenient manner,
compatible with the independence, integrity and effectiveness of the profession.
3. A lawyer in making known his legal services shall use only true, honest, fair,
dignified and objective information and statement of facts.
4. A lawyer shall participate in the development of legal systems by initiating and
supporting efforts in the law reform, and assist in the administration of justice.
5. A lawyer shall keep abreast of the legal developments, participate in continuing
legal educational programs, support efforts in achieving higher standards of law
school as well as in the practical training of law students, and assist in
disseminating information regarding laws and jurisprudence.
6. Theses canons shall apply to all lawyers in the government service in the
discharge of their official duties.
7. A lawyer shall at all times, uphold the integrity and the dignity of legal profession
and support activities of the Integrated Bar.
8. A lawyer shall conduct himself with courtesy, candor and fairness towards his
professional colleagues and avoid harassing tactics against opposing counsel.
9. A lawyer shall not directly or indirectly assist in the unauthorized practice of law.
10. A lawyer owes candor, fairness and good faith to the court.
11. A lawyer shall observe and maintain the respect due to the courts and judicial
officers and insist on similar conduct by the others.
12. A lawyer shall exert every effort and consider it as his duty to assist in the speedy
and efficient administration of justice.
13. A lawyer shall rely upon the merits of his cause and shall refrain from any
propriety, which tends to influence the courts or give appearance influencing the
courts.
14. A lawyer shall not refuse his services to the needy.
15. A lawyer owes candor, fairness and loyalty of all his dealings and transactions
with his clients.
16. A lawyer shall hold in trust of all the money and property of his clients, which
may come into his possession.
17. A lawyer owes fidelity to the cause of his clients and be mindful of the trust and
confidence reposed in him.
18. A lawyer shall serve his client with competence and diligence.
19. A lawyer shall represent his client with zeal within the bounds of the law.
20. A lawyer shall charge only fair and reasonable fees.
21. A lawyer shall keep the confidences and secrets of his clients even after the
attorney-client relation is terminated.
22. A lawyer shall withdraw his services with only for good cause and upon notice
appropriate to the circumstance.
LAWYERS OATH

I _______________ of _____________, do solemnly swear that I will maintain

allegiance to the Republic of the Philippines, I will support its Constitution, 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 the court.

I will not wittingly, nor willingly promote, nor sue any groundless, false or unlawful suit,
or give aid nor consent to the same.

I will delay no man for money and malice, and will conduct myself as a lawyer with the
according to the best of my knowledge and discretion, with all good fidelity, as well to
the courts as to my clients, and impose this voluntary obligations without mental
reservations and purposes of evasion. So help me GOD.
CODE OF PROFESSIONAL RESPONSIBILITY

CANON 14 A lawyer shall not refuse his services to the needy.

Primary task of lawyer:

1. Represent a party litigant in court:
either as counsel for plaintiff or for defendant
public prosecutor

PUBLIC PROSECUTOR VS PRIVATE PRACTITIONER (general rule)

Canon 14 provides exception to the rule and emphasizes the lawyers public
responsibility or rendering services to the needy who are unable to pay attorneys fees.

Probono Cases public service & for good of the public.

Rule 14.01

A lawyer shall not decline to represent a person solely on account of the latters race, sex,
creed or status of life, or because of his own opinion regarding the guilt of said person.

LAW: Lawyers duty Never to reject, for any consideration personal to himself, the
cause of the defenseless. (COMPLIMENTS Rule 14. 01 lawyer shall not decline to
represent a person solely on account of his opinion regarding the guilt of said person.)

Personal feelings: DECLINE

client or cause is unpopular
community effect is adverse

1. Makes it his duty not to decline to represent the accused regardless of his opinion
as to his guilt. Apart from that, the law presumes him innocent, and he is entitled
to acquittal unless proven otherwise.

LAWYERING IS NOT PRIMARILY FOR MONEY MAKING VENTURE.

Retainer act of client by which he engages an attorney to manage a case for him in
which he is involved.

1. General can be barred from getting clients in conflict

2. Special services for particular case

Retainers Fee fee given to counsel in order to insure his future services.

Rule 14.01 NO FEE in establishment the attorney-client relation

RABANAL VS TUGADE

Administrative complaint filed by spouses Cayetano & Lirio Rabanal against Atty
Faustino Tugade

It was alleged that the lawyer did not file the appeal in the Court of Appeals despite of
having an extension period granted by the Appellate Court.

Result = Decision was granted and became executor.

Lawyer claimed that he was not the counsel of the plaintiffs prior to the filing and there
was no contract executed between them.

Issue:
Whether or not there has been an attorney-client relation

Held:
Yes. The absence of a written contract does not preclude a finding that there was a
professional relationship which merits attorneys fees for professional services rendered.
A written contract is not an essential element in the employment of an attorney; the
contract may be express or implied.

To establish the relation, it is sufficient that the advice and assistance of an attorney is
sought and received in any matter pertinent to his profession.

MERCADO VS VITRIOLO
1) Where legal advice of any kind is sought
(2) sought from a professional legal adviser in his capacity
(3) the communications was related to the case
(4) made in confidence
(5) by the client
(6) at his instance permanently protected
(7) from disclosure by himself or by the legal advisor
(8) except the protection be waived

Rule 14.02

A lawyer shall not decline, except for serious and sufficient case, an appointment as
counsel de officio or as amicus curiae or a request from the IBP or any of its chapter for
rendition of free legal aid.

A court may assign a lawyer to render professional aid, free of charge, to any party in a
case if upon investigation it appears that the party is destitute and unable to employ a
lawyer and that the services of counsel are necessary to secure the ends of justice and to
protect the rights of the party.

Counsel de Officio VS Counsel de Parte = Violation of defendants right to counsel.

Rule 14.03

A lawyer may not refuse to accept representation of an indigent client unless:

a. he is not in position to carry out the work effectively & competently
b. he labors under a conflict of interest between him and the prospective client or
between a present client and the prospective client.

EXCEPTION:
a. physically disabled in going to court
b. not experienced to manage case involving capital punishments
for this may not be beneficial to the client

Rule 14.04

A lawyer shall accept the cause of a person unable to pay his professional fees shall
observe the same standard of conduct governing his relations with paying clients.

Same standard
PAYING = NON-PAYING CLIENT
Basically: Attorney-client relation is public service where payment of fees is not
primodial considerations.

DIFFERENCE OF REFUSAL

CIVIL justified in loosing a case

- under lawyers oath, should not sue groundless case

CRIMINAL can not refuse, only upon discretion of court

(besides, every accused is presume to be innocent.

TWO MAIN REASONS:

1. The poor and the needy are the persons who, when in trouble, need most the
services of a lawyer but hesitates to secure such service because they can not
afford to pay counsels fees or fear that they will be refused for their inability to
pay lwyers.
2. Objectives of the IBP is to make legal services fully available for those who need
them and the fulfillment of this objective requires that a lawyer should not lightly
decline employment from the poor.