Should Jasmine

Contest the Will?

Civil code:
Art. 892. If only one legitimate child or
descendant of the deceased survives, the
widow or widower shall be entitled to onefourth of the hereditary estate. In case of a
legal separation, the surviving spouse may
inherit if it was the deceased who had given
cause
for
the
same.
If there are two or more legitimate children or
descendants, the surviving spouse shall be
entitled to a portion equal to the legitime of
each of the legitimate children or descendants.
In both cases, the legitime of the surviving
spouse shall be taken from the portion that can
be freely disposed of by the testator. (834a)
Art. 894. If the testator leaves illegitimate
children, the surviving spouse shall be entitled
to one-third of the hereditary estate of the
deceased and the illegitimate children to
another third. The remaining third shall be at
the free disposal of the testator. (n)
Art. 897. When the widow or widower survives
with legitimate children or descendants, and
acknowledged natural children, or natural
children by legal fiction, such surviving spouse
shall be entitled to a portion equal to the
legitime of each of the legitimate children
which must be taken from that part of the
estate which the testator can freely dispose of.

It is proper to contest the will if her

legitime is impaired. Andrew's advice
to Jasmine was correct because;
Rule 15.05, a lawyer, when advising his
client, shall give a candid and honest
opinion on the merits and probable results
of the client's case, neither overstating nor
understating the prospects of the case.
Rule 1.01 also provides that lawyer shall
not engage in unlawful, dishonest, immoral
or deceitful conduct.
Canon 17 - a lawyer owes fidelity to the
cause of his client and he shall be mindful
of the trust and confidence reposed in him.
Rule 18.03 - A lawyer shall not neglect a
legal matter entrusted to him, and his
negligence in connection there with shall
render him liable

Moreover, as stated in Art 892, the sharing

between a widow and legitimate child shall
be 1/4 and 1/2 respectively. However, If
she reveals that John is an illegitimate
child she would get an equal share of 1/3.

Withdra
w
The
Case?

It is axiomatic that no lawyer is obliged to

act either as adviser or advocate for
every person who may wish to become
his client. He has the right to decline
employment, subject, however, to Canon
14
of
the
Code
of
Professional
Responsibility. Once he agrees to take up
the cause of a client, the lawyer owes
fidelity to such cause and must always be
mindful of the trust and confidence
reposed in him. He must serve the client
with competence and diligence,
and
champion
the
latter's
cause
with
wholehearted fidelity, care, and devotion.
Elsewise stated, he owes entire devotion
to the interest of the client, warm zeal in
the maintenance and defense of his
client's rights, and the exertion of his
utmost learning and ability to the end
that nothing be taken or withheld from
his client, save by the rules of law, legally
applied. Further, Every case a lawyer
accepts deserves his full attention,
diligence,
skill,
and
competence,
regardless of its importance and whether
he accepts it for a fee or for free.
(Santiago vs Fojas)

However.
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 case:
(a) When the client pursues an illegal or immoral
course of conduct in connection with the matter he is
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
(g) Other similar cases.
Rule 20.04 - A lawyer shall avoid controversies with
clients concerning his compensation and shall resort
to judicial action only to prevent imposition, injustice
or fraud.
Rule 14.04 - A lawyer 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.

Is there a contingent fee?

Contingent Fee Arrangement

Champertous Agreement

- agreement laid down in an

express contract between a
lawyer and a client in which the
lawyer's
professional
fee,
usually a fixed percentage of
what may be recovered in the
action is made to depend upon
the success of the litigation. 7
This arrangement is valid in this
jurisdiction. 8 It is, however,
under the supervision and
scrutiny of the court to protect
clients from unjust charges.
(Taganas vs. NLRC)

- an agreement between and

attorney, who agrees to finance and
carry the lawsuit in return for a
percentage of the recovery (money
won and paid.)
- void since it is against public policy
- the lawyer becomes the financier of
a clients case
- it is prohibited for a lawyer to
partake a portion of whatever
property recovered as a result of the
litigation
A champertous contract is an
agreement between third party and a
party litigant or a lawyer and his
client wherein the third person with
respect to the party litigant or lawyer
with respect to client supports the

There is no Contingent fee but rather a champertous contract, because

a contingent fee must be a fixed percentage of what can be recovered
in the action dependent upon the success of litigation, Whereas a
Champertous contract is a situation wherein the lawyer supports the
litigation in exchange of a share emanating from the litigation. The fact
that the Andrew would gain something that is not fixed by a percentage
would make the agreement champertous

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR

AND REASONABLE FEES.
Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
(a) the time spent and the extent of the service rendered
or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result
of acceptance of the proffered case;
(f) The customary charges for similar services and the
schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the
benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or
established; and(j) The professional standing of the lawyer
.

Rationale of Canon 20
The legal profession is not a business or money- making trade.
It is a noble profession whose objective is public service.

LEGAL AND MORAL ISSUES

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
Rule 15.05 - A lawyer when advising his client, shall give a candid and
honest opinion on the merits and probable results of the clients case,
neither overstating nor understating the prospects of the case.
Rule 15.07 - A lawyer shall impress upon his client compliance with the
laws and principles of fairness.

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS

CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.