CASE OUTLINE

LEGAL COUNSELLING AND CONTRACTS (2018)

Atty. Frederick I. Jose

THE LEGAL PROFESSION

Characteristics:

 As a profession
 Privilege and a right

Supervision and Control

Supreme Court - Constitution Art. VIII, sec. 5(5)

Congress - Constitution Art. XII sec 14(2); Art. XVIII, sec. 10
In the matter of IBP, 49 SCRA 22 (1973)
In re Cunanan, 94 Phil. 534 (1954)

Practice of Law
Cayetano v. Monsod, G.R. No. 100113, September 3,1991
(please also read dissenting opinions)

Fajardo v. Alvarez, A.C. No. 9018 (April 20, 2016)

Mandatory Legal Aid Service

Mandatory Continuing Legal Education

REQUIREMENTS FOR ADMISSION TO THE PRACTICE OF LAW

Legal Education
Pre-Law: Rule 138, sec. 6, Rules of Court
Law Proper: Rule 138, sec. 5, Rules of Court

Citizenship
Constitution, Art. XII, sec. 14(2)

Bar Examinations
Rules of Court 138, secs. 7-16

Law Student Practice Rule

Rule 138-A, Rules of Court; exception Sec. 34 of Rule 138, ROC.

Lawyer’s Oath
Form 28, Rules of Court
 CODE OF PROFESSIONAL RESPONSIBILITY

THE LAWYER AND SOCIETY

Canon 1 Promote and Respect Law and Legal Process

2004 Rules on Notarial Practice (reserve section)

Zaldivar v. Gonzales, 166 SCRA 316 (1988)
Laquindamum v. Quintana, AC No. 7036, June 29, 2009

No Unlawful, Dishonest, Immoral, Deceitful Conduct - Rule 1.01; Rules of Court

Rule 138, S21

Ui v. Bonifacio, 333 SCRA 38 (2000)
Figueroa v. Barranco, 276 SCRA 445 (1997)
Guevarra v. Eala, 529 SCRA 1 (2007)
Vitug v. Roncal, 501 SCRA 166 (2006)

No Counseling to Defy Law - Rule 1.02

Estrada v. Sandiganbayan, 416 SCRA 465 (2003)

Not to Encourage Lawsuit or Proceedings - Rule 1.03

De Ysasi v. NLRC, 231 SCRA 173 (1994)

Encourage Client to Avoid Controversy - Rule 1.04

Catsaneda v. Ago, 65 SCRA 505 (1975)

Canon 2 Provide Efficient and Convenient Legal Services

Not to Reject Oppressed or Defenseless - Rule 2.01; Rule 138, S31

IBP Handbook, Guidelines Governing the Establishment and Operation of Legal Aid Office,
Art.1, Sec. 1

Bar Matter No. 2012 Proposed Rule on Mandatory Legal Services for Practicing Lawyers, June 23, 2009
Ledesma v. Climaco, 57 SCRA 473 (1974)

Not to Refuse to Give Legal Advice - Rule 2.02

No Solicitation - Rule 2.03

Rule 138, sec. 27, Rules of Court

No Rates Lower Than Customarily Charged - Rule 2.04

Canon 3 Information on Legal Services that is True, Honest, Fair, Dignified and Objective

No False or Unfair Claim re: Qualifications - Rule 2.01; rule 138, S27

In re Tagoda, 53 Phil. 37 (1929)

Khan v. Simbillo, 409 SCRA 299 (2003)
 Ulep v. Legal Clinic, 223 SCRA 378 (1993)

No False or Misleading Firm Name - Rule 3.02; Canon 33 CPE

Dacanay v. Baker and McKenzie, 136 SCRA 349 (1985)
In re Petition of Sycip, 92 SCRA 1 (1979)

Partners Assuming Public Office - Rule 3.03

Constitution, Art. 6, sec. 14; Art. 7, sec. 13; Art. 9, sec. 2
Samonte v. Gatdula, 303 SCRA 756 (1999)

Not Use of Media to Attract Legal Business - Rule 3.04

Canon 4 Participate in Development: Support Legal Reforms and Administration of Justice

Canon 5 Participate in Legal Education Program

Bar Matter 850 Mandatory Continuing Legal Education

Canon 6 Canons Apply to Lawyers in Government Service

RA6713, sec. 4
Coliantes v. Romeren, 200 SCRA 584 (1991)
Huyssen v. Gutierrez, 485 SCRA 244 (2006)

Primary Duty That Justice is Done - Rule 6.01

People v. Pineda, 20 SCRA 748 (1967)

Not to Use Public Position for Private Interest - Rule 6.02

Misamin v. San Juan, 72 SCRA 491 (1976)

Not to Accept Employment After Government Service - Rule 6.03

RA 6713, sec. 7(b)
RA 3019, sec. 3(d)
PNB v. Cedo, 243 SCRA 1 (1995)

THE LAWYER AND THE LEGAL PROFESSION

Canon 7 Uphold Dignity and Integrity of the Profession

In re 1989 Election of the IBP, 178 SCRA 398 (1989)

Santos v, Llama, 322 SCRA 529 (2000)
Letter of Atty. Cecilio Arevalo, 458 SCRA 209 (2005)
Foodsphere v. Mauricio, AC No. 7199, July 22, 2009

RA 6379

No False Statement - Rule 7.01

Young v. Batuegas, 403 SCRA 123 (2003)

Not to Support Unqualified Bar Applicant - Rule 7.02

No Conduct Adversely Affecting the Profession - Rule 7.03
Zaguirre v. Castillo, 398 SCRA 659 (2003)
Tapucar v. Tapucar, 293 SCRA 331 (1998)

Canon 8 Courtesy, Fairness, Candor Towards Professional Colleagues

Camacho v. Pangulayan, 328 SCRA 631 (2000)

Reyes v. Chiong, 405 SCRA 212 (2003)

No Abusive and Improper Language - Rule 8.01; Cnon 17 CPE

Belo-Henares v. Guevarra, A.C. No. 11394, December 1, 2016

Not to Encroach on Professional Employment - Rule 8.02

Laput v. Remotigue, 6 SCRA 45 (1962)

Canon 9 Unauthorized Practice of Law

Aguirre v. Rana, 403 SCRA 342 (2003)

Alawi v. Alauya, 268 SCRA 639 (1997)

Not to Delegate Work - Rule 9.01

Campaniza v. Cristal-Tenorio A.C. No. 6290, July 14, 2014

Not to Divide Legal Fees - Rule 9.02; Canon 34 CPE

Halili v. CIR, 136 SCRA 113 (1985)

THE LAWYER AND THE COURTS

Canon 10 Observe Candor, Fairness and Good Faith

Cobb-Perez v. Lantin, 24 SCRA 291 (1968)

Truthfulness Towards the Court - Rules 10.01, Canon 32, CPE

Pimentel v. Llorente 339 SCRA 154 (2000)

Not to Misquote or Misrepresent Contents of Paper - Rule 10.02

Insular Life Employees Co. v. Insular Life Association, 37 SCRA 1 (1970)

Observe Rules of Procedure - Rule 10.03

Rule 138. sec 20(d). Rules of Court

Canon 11 Respect Courts and Judicial Officers

In re Sotto, 82 Phil. 595 (1949)

Guerrero v. Villamor, 179 SCRA 355 (1989)

Proper Attire - Rule 11.01

Punctuality - Rule 11.02

Proper Language and Behavior - Rule 11.03
In re Almacen, 31 SCRA (1970)
Sangalang v. IAC, 177 SCRA 87 (1989)

Not to Attribute to Judge Motives - Rule 11.04

Grievances Against Judge - Rule 11.05

Constitution, Art VII, sec. 6
Maceda v. Vasquez, 221 SCRA 464 (1993)

Canon 12 Assist in Speedy and Efficient Administration of Justice

Rule 138, sec. 20(g), Rules of Court

Constitution, Art. III, sec. 16

Adequate Preparation - Rule 12.01 and Rule 18.02: Canon 21, CPE

Forum Shopping - Rule 12.02

Not to Delay Case - Rule 1.2 03

Court Process - Rule 12.04
Manila Pest Control v. WCC, 25 SCRA 700 (1968)

Proper Behavior - Rule 12 05; Rule 12 07. Canon 18. 22 CPE

PD 1829 Penalizing Obstruction of Justice

Not to Testify on Behalf of Client - Rule 12.08; Canon 19 CPE

PNB v. Uy Teng Piao

Canon 13 Refrain from Acts Giving Appearance of Influence

Nestle Phil. V. Sanchez, 154 SCRA 542 (1987)

In re de Vera, 385 SCRA 285 (2003)

No Extraordinary Attention - Rule 13.01

No Public Statements to Media - Rule 13.02; Canon 20 CPE

Cruz v. Salva, 105 Phil. 1151 (1959)

Not to Invite Outside Interference - Rule 13.03

Maglasang v. People, 190 SCRA 306 (1990)

THE LAWYER AND THE CLIENT

Requirements of Practice and Expectations of Lawyers

1. Ethical
2. Conflicts
3. Compliance
4. Communication and Knowledge Sharing
5. Litigation involving your Law Firm
6. Client Selection and Intake
7. Client Service and Related Issues

Canon 14 Service to the Needy

Availability of Services Regardless of Status - Rule 14.01

Rule 138, sec 20(h) Rules of Court
Rule 2.01

Providing Counsel de Oficio - Rule 14.02

Rule 138, sec. 31, 20 (Ii), Rules of Court
Rule 116, sec. 6-8
Rule 124, sec. 2
PD 534

Valid Ground for Refusal - Rule 14.03

Ledesma v.Climaco, 57 SCRA 473 (1974)
Quilban v. Robinol, 171 SCRA 768 (1989)

Same Standard of Conduct for Paying and Non-Paying Clients - Rule 14.04
RA 6033, RA 6034, RA 6035

Canon 15 Observe Candor, Fairness, Loyalty

Rule 138, sec. 3, Rules of Court

Conflict of Interest - Rule 15.01 and Rule 15.03; Canon 16, 6, 37 CPE
Hornilla v. Salunat, 405 SCRA 220 (2003)
De Guzman v. De Dios, 350 SCRA (2001)
Pacana vs. Pascual Lopez. AC No. 8243, July 24, 2009

Privileged Communication - Rule 15.02

Regala v. Sandiganbayan, 262 SCRA 122 (1996)
People v. Sandiganbayan, 275 SCRA 505 (1996)

Mediator. Conciliator or Arbitratir - Rule 15.04 – (other forms of dispute resolution aside from
Litigation)
Dee v. CA, 176 SCRA 651 (1989)

Candid, Honest Advice - Rule 15.05; Canon 8 CPE

Not to Claim Influence - Rule 15.06

Lantorya v. Buni, 209 SCRA 528 (1992)

Impress Compliance with Laws - Rule 15.07

Dual Profession - Rule 15.08

Nakpil v. Valdez, 286 SCRA 758 (1998)
Canon 16 Hold In Trust Client’s Moneys and Properties

Art. 1491, Civil Code

Account - Rule 16.01

Daroy v. Legaspi, 65 SCRA 304 (1975)

Keep Client’s Fund Separate - Rule 16.02

Velez v. de Vera, 496 SCRA 345 (2006)
Belleza v. Macasa, AC 7815, July 23, 20

Delivery of Funds; Lawyer’s Lien - Rule 16.03

Tanhueco v. de Dumo, 172 SCRA 760 (1989)
Navarro v. Meneses, 285 SCRA 586 (1998)

No Borrowing, Lending - Rule 16.04

Cruz v. Jacinto, 328 SCRA 636
Laig v. Court of Appeals, 82 SCRA 294 (1978) presumption is not of arm’s length

Canon 17 Trust and Confidence

Cantiller v. Potenciano, 180 SCRA 246 (1968)
Stemmerik v. Mas, AC No. 8010, June 16, 2009 (Danish Man wanted to buy property in the
Philippines thru Atty. Mas, gave 400k to atty. Mas for the purchase of land.)

Canon 18 Competence and Diligence

Uy v. Tansinin, AC No. 8252, July 21, 2009

Client Consent with Collaborating Counsel - Rule 18.01

Adequate Preparation - Rule 18.02

Not to Neglect Legal Matters - Rule 18.03

Legarda v. CA, 2009 SCRA 722 (1992)
Garcia v. Bala, 476 SCRA 85 (2005)

Inform Client on Status of Case - Rule 18.04

Blanza v. Arcangel, 21 SCRA 1 (1967)

Canon 19 Representation with Zeal

Fair and Honest - Rule 19.01

Rule 138, sec. 20(d)

Rectify Clients Fraud - Rule 19.02

Control Proceedings - Rule 19.03

Canon 20 Attorney’s Fees

Rule 138., sec 24; 32, Rules of Court
Albano v. Coloma, 21 SCRA 411 (1967)

Fee Guide - Rule 20.01

Metrobank v. CA, 181 SCRA 367 (1990)

Client’s Consent of Acceptance of Fee - Rule 20.03

Rule 138, sec. 20 (e)

Avoid Compensation Controversy with Client - Rule 20.04

Rule 138, sec. 24, 32, Rules of Court

Corpus v. CA, 98 SCRA 424 (1980)

Sato v. Rallos, 12 SCRA 84 (1964)

Canon 21 Preserve Client’s Confidence

Rule 138, sec. 20(e), Rules of Court

Rule 130, sec. 21(b)

Art. 208, Revised Penal Code

Hilado v. David, 83 Phil. 569 (1949)

Revelations of Confidence and Secrets Allowed - Rule 21.01

Use of Information Received in Course of Employment Allowed - Rule 21.02

Prohibition to Giving of Information to Outside Agency - Rule 21.03

Protection from Disclosure - Rule 21.04 - 21.05

Prohibition of Indiscreet Conversation - Rue 21.06

Not to Reveal that Lawyer was Consulted - Rule 21.07

cf Rule 15.01, Rule 14.03

Canon 22 Withdrawal of Services For Good Cause

Good Causes for Withdrawal of Services - Rule 22.01

Montano v. IBP, 358 SCRA 1 (2001)

Duties of Lawyer Who Withdraws - Rule 22.02

Obando v. Figueras, 322 SCRA 148 (2000)
There are 2 types of lawyers:
1. Quality lawyers
2. Not so quality lawyers

When you’re talking with a client, they understand that you have an understanding of the law.

Few things to remember:

a. Always exhibit the trait of CALMNESS.
b. Which goes hand in hand with CONFIDENCE.
a. You try to minimize your apologies.
b. Know your fees
c. Always look for a mentor, specialize, master’s degree.
d. Always find a way to go to court, once in a while
e. Uncompromising, double check, proof reading
f. Be responsive and timely – reachable at all times
g. Give your clients notable updates.
h. Commit and meet that deadline
i. Be a commercial adviser
j. Listen to the concerns of the clients
k. Looking for new ways and adding value
l. Treat your clients like their your only trial
m. Turn relationships to friendships
n. Think of your brand.

Practical exams 6-9 pm.