Code of ProfessionalResponsibility Chapter1: Lawyer and Society CANON 1 - A lawyer shall wphold the constitution, obey the laws of the land and promote respect for law ‘and for legal processes + Dutiesof Attorneys: 1. to maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; to observe and maintain the respect due to the courts of justice and judicial officers; to counsel or maintain such actions or proceedings only as appear to him as just, and such defenses only ashe believes to be honestly debatable under the laws; 4, toemploy, forthe 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 factor law 5. tomaintain inviolate the confidence, and at every peri to himself, to preserve the secrets of his client, ‘and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; 6. to abstain from all offensive personality and to advanceno 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; 7. not to encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause for any corrupt motive or interest; never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 9. inthe defense of a person accused of a crime, by all fair and honorable 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, ut by due process of law. Rule 1.01 -A lawyer shall not engagein unlawful, dishonest, immoralor deceitful conduct. * Conviction for crimes involving moral turpitude - a number of lawyers have been suspended or disbarred for conviction of crimes involving moral turpitude such as estafa bribery murder seduction abduction smuggling falsification of public documents Morality as understood inlaw — This is a human standard based on natural moral law which is ‘embodied in man’s conscience and which guides him to do good and avoid evil + Moral Turpitude: any thing that is done contrary to justice, honesty, modesty or good morals, + 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 (Arcigavs. Maniwag, 106 SCRAS91). + Grossly immoral Conduct:One that is so corrupt and false as to constitute a criminal act or so Lnprincipled or disgraceful as to be reprehensible to a high degree; itis a WILLFUL, FLAGRANT orSHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. Waragvs. Narag, 1998) Bule 1,02~ A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system, Rule 1.03 -A lawyer shall not, for any corrupt motive or interest, encourage any suitor proceeding or delay anyman’scause. Rule 1.04—A lawyer shall encourage his. ofa fair settlement. ientstoavoid,endor settlethe controversy if itwilladmit * Ifa lawyerfinds that his client’ cause is defenseless, itis his burden/duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible, + tis unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where the blood, relationship or trust makes it his duty to do so. + Temper client's propensity to litigate, + Should not be an instigator of controversy but a mediator for concord and conciliator for compromise. + The law violated need not be a penal law. ‘Moral Turpitude" - everything which is done contrary to justice, honesty, modesty or good morals + Give advice tending to impress upon the client and his undertaking exact compliance with the strictest principles of moral law. + Untila statute shall have been construed and interpreted by competent adjudication, he is free and is entitled to advise as to its validity and as to what he conscientiously believes to be its just meaning and extent. + Alawyerhas the obligation not to encourage suits. This is soas to prevent barratry and ambulance chasing, + Barratry- offense of frequently exciting and stirring up quarrels and suits either at law or otherwise: Lawyers act of fomenting suits among individuals and offering his legal services to one of them. + Ambulance Chasing- Act of chasing victims of accidents for the purpose of talking to the said victims (or relatives) and offering his legal services forthe fling of a case against the personts) who caused the accidentis), CANON 2-A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. Bule2.01 ~A lawyer shall not reject, except for valid reasons, the cause ofthe defenseless or oppressed. Rule2,02-In sucha case, even ifa lawyer doesnot accepta case, he shall notrefuse to renderlegal adviseto the person concernedif only to the extent necessary to safeguardlatter’s rights. Rule 2.03~a lawyer shall not do or permit to be done any act designed primarily to solicit legal bu: + Primary characteristics which distinguish the legal profession from business; 1. duty of service, of which the emolument isa by product, and in which one may attain the highest, ‘eminence without making such money; ess.2. arelation as an ‘officer of court'to the administration of justice involving thorough sincerity, integrity and reliability; 3. arelation to clients in the highest degree of fiduciary, Rul 2 relation to colleagues at the bar characterized by candor, faimess and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients. Defenseless-not inthe position to defend themselves due to poverty, weakness, ignorance or other similar reasons. Oppressed victims of acts of cruelty, unlawful exaction, domination or excessive use of authority, leon Advertisements General Rule: No advertisements allowed, The most worthy and effective advertisement possible isthe establishment of a wellmerited reputation for professional capacity and fidelity to trust. Lawyers may not advertise their services or expertise nor should not resortto indirect advertisements for professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be published in connection with causes in which the lawyer has been engaged or ‘concerning the manner of their conduct, the magnitude of the interest involved, the importance of the law yyer’s position, and all other self-laudation. Exceptions/ Permissible advertisements: Reputable law lists, na manner consistent with the standards of conduct imposed by the canons, of brief biographical and informative data, are allowed 2. Ordinary simple professional Card. it may contain only a statement of his name, the name of the law firm ‘which he is connected with, address, telephone number and the special branch of law practiced. 3. Asimple announcement of the opening of a law firm or of changes in the partnership, associates, firm name or office address, being for the convenience of the profession, is not objectionable. 4, Advertisements or simple announcement of the existence of a lawyeror his law firm posted anywhere it is proper such as his place of business or residence except courtrooms and government buildings. 5. Advertisements or announcement in any legal publication, including books, journals, and legal magazines. Bule2.04~A lawyer shall notcharge rates lower than those customarily or prescribed, unless ‘umstancessowarrant. A lawyer cannot delay the approval of a compromise agreement entered into between parties, just because his attorney's fees were not provided for in theagreement. Rule: A lawyer cannot compromise the case without client's consent (special authority), Exception: Lawyer has exclusive management of the procedural aspect ofthe litigation (e.g. Submission for decision on the evidence so far presented. But in case where lawyer is confronted with an emergency and prompt/urgent action is necessary to protect clients interest and there's no opportunity for consultation, the lawyer may compromise, Rule: Refrain from charging rates lower than the customary rates. Valid Justification: relatives, co-lawyers, too poor CANON 3-A lawyer i making known is legal services shall use only true, honest, fair di ‘objective information or statement of facts.Rule3.01-A lawyer shall not use or permitthe use of any false, fraudulent, misleading, deceptive, undignified, elf-auditory or unfairstatement or claim regarding his qualifications or legal services. * Violation of Rule 3.01 is unethical, whether done by him personally or through another with his permission. Rule3,02- Inthe choice of afirmname, no false, misleading, or assumed name shall be used. The continued use of the name of a deceased partners permissible provided that the firm indicates in all its communication that said partneris deceased. Rule3.03 - Wherea partner accepts public office, he shall withdraw from thefirm and hisname shall bedropped from the firm nameunlessthe law allows him to practicelaw concurrently. Rule3.04—A lawyer shall notpay or give anything of valueto representatives of the mass median anticipationof, or in return for, publicity to attract legal business. * tis unethical to use the name of a foreign firm. * Death ofa partner does not extinguish attorneyclient relationship with the law firm, + Negligence ofa memberin the law firm is negligence of the firm. CANON4-A lawyer shall participate in the improvementof the legalsystemby supporting effortsin law reform and inthe administrationof justice. * Examples: Presenting position papers or resolutions for the introduction of pertinent bls in congress; Petitions with the Supreme Court for the amendment of the Rules of Court. CANONS -A lawyer shall keep abreast of legal developments, participate in continuing legal ‘education programs, support efforts to achieve high standards n law schoolsas well as in the practical training of students and assist in disseminating information regarding the law and jurisprudence. Objectives of integration of the Bar + Toelevate the standards of the legal profession + Toimprove the administration of justice + Toenable the Barto discharge its responsibilty more effectively Thethree fold obligationof a lawyer + First, he owesit to himself to continue improving his knowledge of the laws * Second, he owes it to his profession to take an active interest in the maintenance of high standards of legal education; + Third, he owesitto the lay public to make the law a part oftheir social consciousness. CANON 6 - Thesecanons shall apply to lawyersin government service in the discharge of their official tasks. + PublicOffcials- include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, wheter or not they receive compensation, regardless of amount. (Sec. 3(b), A673). +The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties: 1. commitment to public interest 2. professionalismjustness and sincerity political neutrality responsiveness to the public nationalism and patriotism commitment to democracy simple living (Sec.4, RA6713) [Rule 6.01.-Theprimary duty of alawyer engagedin publicprosecutionis not toconvictbuttosee that justice is done. The suppression of facts or the concealmentof witnesses capableof estab! the innocence of the accused is highly reprehensible andis cause of disciplinary a Rule6.02-A lawyer in the governmentservice shall notuse his publicpositionto promoteor advance his private interest, nor allow the latterto interfere with his public duties. Rule 6.03 ~A lawyer shall not, after leaving governmentservice, accept engagementsor ‘employmentin connection with any matter in which he had intervened while in said service. * Various ways a government lawyer leaves government service: retirement resignation expiration of the term of office dismissal abandonment Q: What arethepertinentstatutory provisions regarding this Rule? A: Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713 See 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by existing law, the following shall constitute corrupt practice of any public officer and are hereby declared tobe unlawful: (d) accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after termination. Section 7 (b) of RA 6713 prohibits officials from doing any ofthe following acts: 1. own, control, manage or acceptemployment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law. ‘These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one year prohibition shall ikewise apply. + Lawyersiin the government service are prohibited to engage in the private practice oftheir profession Unless authorized by the constitution or law, provided that such practice will not conflict or tend to conflict with their official functions.Misconduct in office as a public offical may be a ground for disciplinary action (if of such character as to affect his qualification as lawyer or to show moral delinquency). Should recommend the acquital ofthe accused whose conviction is on appeal, IF he finds no legal basis to sustain the conviction. Includes restriction is representing conflicting interest (eg. Accepting engagements vs. former employer, PNB) ‘The 056 is not authorized to represent a public official at any state ofa criminal case.