LAWYERS DUTIES TO COURT

CANON 11
11. Primitivo Santos vs Judge Arturo Cruz
RULE 11.02
9.De Gracia vs Warden of Makati
RULE 11.03
10. Buenasada vs Flavier
RULE 11.04
12. People vs Taneo
RULE 11.05
13. Urbina vs Marecan
RULE 12.02
14. Castaneda vs Ago
RULE 13. 01
15. Austria vs Masaquel
RULE 13.02
16. Martelino vs. Alejandro
NATURE AND CREATION OF ATTY CLIENT RELATIONSHIP
CANON 14
13. Gonzales vs Chavez
12. People vs Daeng
RULE 14.02
11. Ledesma vs Climaco
11. Ledesma vs Climaco
RULE 14.04
14. Oparel vs. Abria
10. Orbit Transportation vs WCC
CANON 15
3. Daroy vs Legaspi
RULE 15.02
1. Regala vs Sandiganbayan
CANON 16
9. Government vs. Wagner
RULE 16.01
3. Daroy vs Legaspi
RULE 19.03
8. Surigao Mineral Reservation Board vs Cloribel
4. Hilado vs David
5. Stone vs Bank of Commerce
RULE 20.01
6. Guerrero vs Hernando
7. Uy vs. Gonzales
8. Rilloraza, et al vs. Eastern Telecomunications Phil.
Inc.
LAWYERS DUTIES IN HANDLING CLIENTS CASES
CANON 15
6. Gamalinda vs Alcanter
RULE 15.05
4. Choa vs Chiongson
1. Santiago vs. Fojas
CANON 17
2. Cantiller vs Potenciano
6. Gamalinda vs Alcanter
CANON 18
6. Gamalinda vs Alcanter
CANON 19
3. Millare vs. Montero
RULE 19.03
5. Cosmos Foundry Shop Workers Union vs Lo Bu

LAWYERS DUTIES TO
COURT
8. Surigao Mineral Reservation
Board vs Cloribel

CANON
RULE 19.03

9.De Gracia vs Warden of Makati

RULE 11.02

10. Buenasada vs Flavier

RULE 11.03

11. Primitivo Santos vs Judge

Arturo Cruz

CANON 11

12. People vs Taneo

RULE 11.04

13. Urbina vs Marecan

RULE 11.05

DOCTRINE
A lawyer should use his best efforts to restrain and
to prevent his clients from doing those things which
the lawyer himself ought not to do, particularly with
reference to their conduct towards courts, judicial
officers, jurors, witnesses and suitors. If a client
persists in such wrongdoing the lawyer should
terminate their relation.
A lawyer should be punctual. Inexcusable absence
from, or repeated tardiness in, attending a pre-trial
or hearing may not only subject the lawyer to
disciplinary action, but may also prejudice his client
who, as a consequence thereof, may be non-suited,
declared in default or adjudged liable ex parte, as
the case may be.
A lawyer shall abstain from scandalous, offensive or
menancing language or behavior before the courts.
The language of a lawyer, both oral and written,
must be respectful and restrained in keeping with
the dignity of the legal profession and with his
behavioral attitude toward his brethren in the
profession. The use of abusive language by counsel
against the opposing counsel constitutes at the same
time a disrespect to the dignity of the court of
justice. The use of impassioned language in
pleadings, more often than not, creates more heat
than light.
The duty to observe and maintain respect is not a
one-way duty from a lawyer to a judge. A judge
should be courteous to lawyer to merit respect. He
should be civil, for it is unbecoming of a judge to
utter intemperate language during the hearing of a
case.
A lawyer shall not attribute to a judge improper
motives. He should not make hasty accusation
against the judge, before whom he pleads his case,
without any cogent and valid ground extant in the
record. His arguments, written or oral, should be
gracious to both the court and opposing counsel.
A lawyer shall submit grievances to proper
authorities. The performance of the duty demands
that the lawyer refrain from filing, or be not a party
to the bringing of, unfounded charges against
judges. A lawyer may prefer charges against a judge
only after proper circumspection and without the

14. Castaneda vs Ago

RULE 12.02

RULE 12.02

15. Austria vs Masaquel

RULE 13. 01

16. Martelino vs. Alejandro

RULE 13.02

NATURE AND CREATION OF

ATTY CLIENT
RELATIONSHIP
1. Regala vs Sandiganbayan

CANON
RULE 15.02

use of disrespectful language and offensive

personalities so as not to unduly burden the court in
the discharge of its functions.
A lawyer shall not file multiple actions. He should
not misuse legal remedies and prostitute the judicial
process to thwart or delay the satisfaction of a final
judgment, to the extended prejudice of the
petitioners.
It is the duty of a lawyer to resist the whims and
caprices of his client and to temper his clients
propensity to litigate. While a client may withhold
from his counsel certain facts or give him false
information to attain his unlawful ends, a lawyer
can easily see through the clients action either
before or at the early stage of the litigation. When
the purpose becomes evident, the lawyer should not
allow himself to be a party to its realization.
A lawyer shall not extend hospitality to a judge. He
should not see him in chamber and talk to him about
a case pending in his court; and a judge should not
allow it to happen, without committing a
misconduct, except where the lawyers of both
parties are present or upon request of the judge for
both lawyers to see him in chamber.
A lawyer shall not publicly discuss pending cases.
For newspaper publications by a lawyer concerning
a pending litigation may interfere with a fair trial in
court and otherwise prejudice the impartial
administration of justice.
DOCTRINE
General rule: a lawyer may not invoke the privilege
and refuse to divulge the name or identity of his
client.
Exception:
1. client identity is privileged where a strong
probability exists that revealing the clients name
would implicate that client in the very activity
which he sought the lawyers advice.
2. the content of any client communication to a
lawyer lies within the privilege if it is relevant to the
subject matter of the legal problem on which the
client seeks legal assistance.
3. where the nature of the atty-client relationship
has been previously disclosed and it is the identity
which is intended to be confidential, the identity of
the client has been held to be privileged
The instant case falls under exceptions: disclosure
of clients name would lead to establish said clients
connection with the very fact in issue of the case.

2. In. Re. Sycip

3. Daroy vs Legaspi

CANON 15

RULE 16.01

4. Hilado vs David

RULE 20.01

5. Stone vs Bank of Commerce

RULE 20.01

Where a client thinks he might have previously

committed something illegal and consults atty about
it -> falls within the exception. But where client
seeks services of an atty for illicit purposes, seeking
advice about how to go around the law to commit
illegal activities -> not covered by privilege.Purpose
of privilege: to avoid fishing expedition by the
prosecution. There are alternative sources of
information available to prosecutor w/c do not
depend on utilizing defendants counsel as
source.Duration of privilege: exists not only during
relationship but extends even after termination.
The attorney-client relationship is strictly personal
because it involves mutual trust and confidence of
the highest degree, irrespective of whether the client
is a private person or a government functionary. The
personal character of the relationship prohibits its
delegation in favor of another attorney without the
client's consent.
The relation between an attorney and his client is
highly fiduciary in its nature and of a very delicate,
exacting and confidential in character, requiring a
high degree of fidelity and good faith.
In view of that special relationship, 'lawyers are
bound to promptly account for money or property
received by them on behalf of their clients and
failure to do so constitutes professional
misconduct. The fact that a lawyer has a lien for
fees on money in his hands collected for his clients
does not relieve him from the duty of promptly
accounting for the funds received.
To constitute an attorney-client relationship, it is not
necessary that any retainer should have been paid,
promised, or charged for; neither is it material that
the attorney consulted did not afterward undertake
the case about which the consultation was had. If a
person, in respect to his business affairs or troubles
of any kind, consults with his attorney in his
professional capacity with the view to obtaining
professional advice or assistance, and the attorney
voluntarily permits or acquiesces in such
consultation, then the professional employment
must be regarded as established.
The relation of attorney and client begins from the
time an attorney is retained. The authority of an
attorney commences with his retainer. He cannot,
while acting generally as an attorney for an estate or
a corporation, accept service of process which
commences the action, without any authority so to
do from his principal. When an attorney has been
retained, he has certain implied powers to act for his

6. Guerrero vs Hernando

RULE 20.01

7. Uy vs. Gonzales

RULE 20.01

8. Rilloraza, et al vs. Eastern

Telecomunications Phil. Inc.

RULE 20.01

9. Government vs. Wagner

CANON 16

10. Orbit Transportation vs WCC

CANON 15

11. Ledesma vs Climaco

RULE 14.02
RULE 14.04

client, in a suit actually commenced, in the due and

orderly conduct of the case through the courts.
There must be a contract of employment, express or
implied, between him and the party he purports to
represent or the latters authorized agent. If he
corruptly or willfully appears as an attorney for a
party to a case without authority, he may be
disciplined.
An attorney-client relationship is said to exist when
a lawyer voluntarily permits or acquiesces with the
consultation of a person, who in respect to a
business or trouble of any kind, consults a lawyer
with a view of obtaining professional advice or
assistance. It is not essential that the client should
have employed the attorney on any previous
occasion or that any retainer should have been paid,
promised or charged for, neither is it material that
the attorney consulted did not aferward undertake
the case about
When a client employs the services of a law firm, he
does not employ the services of the lawyer who is
assigned to personally handle the case. Rather, he
employs the entire law firm. In the event that the
counsel appearing for the client resigns, the firm is
bound to provide a replacement.
Recovery of attorney's fees on the basis of quantum
meruit is authorized when
(1) there is no express contract for payment of
attorney's fees agreed upon between the lawyer and
the client;
(2) when although there is a formal contract for
attorney's fees, the fees stipulated are found
unconscionable or unreasonable by the court; and
(3) when the contract for attorney's fee's is void due
to purely formal defects of execution;
(4) when the counsel, for justifiable cause, was not
able to finish the case to its conclusion;
(5) when lawyer and client disregard the contract for
attorney's
fees,
An agent clothed by his principal with the power to
deal with the latters property or interest has the
authority to engage the services of an attorney as
counsel for the principal to protect or preserve such
property or interest.
If a lawyer were to take a bad civil suit against a
defendant, it will either be to exert his best efforts
toward a compromise or, if unsuccessful, to advice
his client to confess judgement.
The relation of attorney and client may be created
not only by the voluntary agreement between them

12. People vs Daeng

RULE 14.02

13. Gonzales vs Chavez

CANON 14

14. Oparel vs. Abria

RULE 14.04

LAWYERS DUTIES IN
HANDLING CLIENTS CASES
1. Santiago vs. Fojas

CANON
CANON 17

2. Cantiller vs Potenciano

CANON 17

but also by the appointment of an attorney as

counsel de oficio for a poor or indigent litigant, and
the attorney so appointed has as high a duty to the
indigent as to his paying client.
We would, nevertheless, caution all courts against
the frequent appointment of the same attorney as
counsel de oficio, for two basic reasons: first, it is
unfair to the attorney concerned, considering the
burden of his regular practice that he should be
saddled with too many de officio cases; and, second,
the compensation provided for by section 32 of Rule
138 of the Rules of Court (a fixed fee of P500 in
capital offense) might be considered by some
lawyers as a regular source of income, something
which the Rule does not envision. In every case, the
accused stands to suffer because the overburdened
counsel would have too little time to spare for his de
officio cases, and also would be inordinately eager
to finish such cases in order to collect his fees
within the earliest possible time.
The solicitor General is the principal law officer and
legal defender of the government. It is incumbent
upon him to present to the court what he considers
would legally uphold the best interest of the
government. He cannot simply refuse to do his duty
nor can he withdraw from a case on flimsy ground,
otherwise, mandamus will lie to compel him to
perform his duties and responsibilities.
A lawyer shall observe the same standard for all
clients. The purpose of legal profession is to render
public service and secure justice for those who seek
its aid. The gaining of a livelyhood is only a
secondary consideration. Consequently, neither the
amount of attorneys fees nor the clients financial
ability to pay such fees should serve as the test to
determine the extent of the lawyers devotion to his
clients cause.
DOCTRINE
No fear of judicial disfavor or public unpopularity
should restrain him from the full discharge of his
duty. In the judicial forum the client is entitled to the
benefit of any and every remedy and defense that is
authorized by law, and he may expect his lawyer to
assert every such remedy or ddefense.
His actuation is definitely inconsistent with his
duty to protect with utmost dedication the interest of
his client and of the fidelity, trust and confidence
which he owes his client.
Public interest requires that an attorney exert his
best efforts and ability in the prosecution or defense

3. Millare vs. Montero

4. Choa vs Chiongson

5. Cosmos Foundry Shop Workers

Union vs Lo Bu

CANON 19

RULE 15.05

RULE 19.03

of his client's cause. A lawyer who performs that

duty with diligence and candor not only protects the
interests of his client; he also serves the ends of
justice, does honor to the bar and helps maintain the
respect of the community to the legal profession.
This is so because the entrusted privilege to practice
law carries with it the correlative duties not only to
the client but also to the court, to the bar or to the
public. That circumstance explains the public
concern for the maintenance of an untarnished
standard of conduct by every attorney towards his
client.
A lawyer is required to represent his client "within
the bounds of the law." The Code enjoins a lawyer
to employ only fair and honest means to attain the
lawful objectives of his client (Rule 19.01) and
warns him not to allow his client to dictate the
procedure in handling the case (Rule 19.03). In
short, a lawyer is not a gun for hire.
Advocacy, within the bounds of the law, permits the
attorney to use any arguable construction of the law
or rules which is favorable to his client. But the
lawyer is not allowed to knowingly advance a claim
or defense that is unwarranted under existing law.
He cannot prosecute patently frivolous and meritless
appeals or institute clearly groundless actions.
Professional rules impose limits on a lawyer's zeal
and hedge it with necessary restrictions and
qualifications.
As a Member of the Philippine Bar he is bound:
(1) by his oath, not to, wittingly or willingly,
promote or sue any groundless, false, or unlawful
suit nor give aid nor consent to the same;
(2) by Section 20(c), Rule 138 of the Rules of
Court, to counsel or maintain such action or
proceedings only as appear to him to be just; and
(3) to uphold the Code of Professional
Responsibility.
It was incumbent upon him to give a candid and
honest opinion on the merits and probable results of
the complainants case with the end in view of
promoting respect for the law and legal
processes. He should, therefore, be required to show
cause why no disciplinary action should be taken
against him for his apparent failure to observe the
foregoing duties and responsibilities.
The lawyers duty to the court, no less than the
dignity of the legal profession, requires that he
should not act like an errand boy at the back and

6. Gamalinda vs Alcanter

CANON 17

call of his client, ready and eager to do his bidding.

A lawyer owes fidelity to the cause of his client and
must be mindful of the trust and confidence reposed
in him.

CANON 18
CANON 15

He shall serve his client with competence and

diligence,
and his duty of entire devotion to his client's cause
not only requires, but entitles him to employ every
honorable means to secure for the client what is
justly due him or to present every defense provided
by law to enable the latter's cause to succeed.
An attorney's duty to safeguard the client's interests
commences from his retainer until the effective
release from the case or the final disposition of the
whole subject matter of the litigation. During that
period, he is expected to take such reasonable steps
and such ordinary care as his client's interests may
require.