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LEGAL ETHICS (FUNA): OUTLINE

I. Definition
II. Outline of the CPR
A. Chapter 1: Lawyer and Society
 Canon 1: Uphold the Constitution and Laws
Honesty and Morality
1. Obey the Laws and support the Legal Systems
2. Against Barratry and Not to delay any Man’s cause
3. Promote amicable settlement
 Canon 2: Efficient Lawyer
1. Defenseless and the oppressed
2. Give legal advice on the rights of #1
3. Shun vulgar solicitation
4. Shun Cut-throat rates
 Canon 3: honest and dignified pronouncement of legal services
1. Not to use fraudulent or misleading pronouncement of hid qualifications
2. Honestly in firm name
3. To a law partner to withdraw from the firm when he accepts public office
4. Not to pay media for publicity
 Canon 4: Support the improvement of the legal system
 Canon 5. Keep abreast of legal developments
 Same apply to lawyers in government service
1. Public prosecutor to see that justice is done
2. Separate public duties from private interests
3. Avoid conflict of interest after leaving the government service
B. Chapter II: Lawyer and Legal Profession
vii. Canon 7: uphold dignity of legal profession
1. Honest in applying for admission to the bar
2. Support only those qualified to be admitted to the bar
3. Be professional and dignified
viii. Canon 8: Professional Courtesy
1. Professional in language
2. Refrain from professional encroachment
ix. Canon 9: Shun unauthorized practice of law
1. Keep a lawyer’s work limited to the lawyers of good standing
2. Maintain the integrity of lawyer’s fees
C. Chapter III: Lawyer and Courts
X. Canon 10: Candor to the courts
1. Fidelity to courts
2. Give accurate citations
3. Fidelity to the rules of procedure
XI. Canon 11: Respect to courts
1. Properly attired
2. Punctual at hearings
3. Proper language and behavior
4. Not to attribute unfounded ill-motives to the judge
5. Observe proper grievance mechanism
XII. Canon 12: Assist speedy and administration of justice
1. Prepared for trial
2. Not to engage in forum shopping
3. File pleadings seasonably
4. Against dilatory moves and misuse of court processes
5. Not to coach a witness under examination
6. Not to present a false witness
7. Respect witness
8. Not to be a witness and counsel at the same time
XIII. Canon 13: Not to influence judges
1. Non-fraternization with judges
2. Not to resort to the bar of public opinion during pendency of the case
3. Respect judicial independence from the other branches of the government
D. Chapter IV: lawyer and client
xiv. Canon 14: Render Legal services to the needy
1. Not to be prejudiced in choosing clients
2. Accept appointment as counsel de officio or amicus curiae and render free legal aid
3. Render legal services to the indigent
4. Treat paying and Non-paying clients with the same standards
xv. Canon 15: Condor to the clients
1. Ascertain conflict of interest as soon as practicable
2. Confidentiality
3. Avoid conflict of interest
4. Act as mediator or conciliator when given written consent by all concerned
5. Candor in advising the client
6. Not to engage in influence peddling
7. Advice client to the rule of law
8. Make clear with the client his capacity as a lawyer when a lawyer is also engage in business or another profession
xvi. Canon 16: Be a Trustee of client’s Money and properties
1. Accountability
2. Not to comingle fund and properties
3. Deliver funds and property upon demand; retainer lien; Attorney’s lien
4. Avoid the debtor- creditor relationship with the client
xvii. Canon 17: Fidelity to the cause of the client
xviii. Canon 17: Serve with due diligence
1. Know his professional limitation
2. Be prepared for an legal matter
3. Not to be negligent
4. Keep client informed
xix. Canon 19: serve within the bounds of the law
1. Serve only thru fair and honest means
2. Not to condone a client’s fraud
3. Take the lead in handling a case
xx. Canon 20: charge only fair and reasonable fees
1. Comply with the guidelines in determining lawyer’s fees
2. Divide fees in proportion to the work done
3. Accept any compensation in relation to a client’s case except from the client himself
4. Avoid disputes with client over fees
xxi. Canon 21: Preserve the client’s confidence and secrets
1. Not to reveal the Client’s secrets Except when allowed by the rule
2. Not to misuse information acquired from a client
3. Obtain a written consent of the client prior to disbursement of certain information
4. Not to disclose information to members of the firm when prohibited by the client
5. Prevent leakages of client’s confidences and secrets
6. Prevent indiscreet conversation about a client’s affairs
7. Not to reveal the fact of consultation
xxii. Canon 22: Withdraw legal services only for good cause and upon notice
1. Withdraw legal services only when allowed by the rules
2. Effect an orderly turn-over after withdrawal or discharge

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