THE LAWYER’S OATH

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I
will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and
will conduct myself as a lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the courts as to my clients; and I impose upon myself
these voluntary obligations without any mental reservation or purpose of evasion. So help
me God.

The lawyer’s oath must be regarded as a sacred trust that must be upheld and kept
inviolable, and not just facile words that are drift and hollow (Sebastian vs Calis)

The lawyer’s oath is not a mere ceremony or formality for practicing law. Every lawyer
should weigh his actions at all times according to the sworn promises he made when
taking the lawyer’s oath (In Re: Arthur M. Cuevas)

DUTIES OF A LAWYER

According to the Code of Professional Responsibility, the conduct of the lawyers should
be guided by their four-fold duties to:

(1) The Client;

(2) The Courts;
(3) Their Colleagues (The Legal Profession/ The Integrated Bar)
(4) The Society (or Community)

Section 20. Duties of attorneys. — It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial
officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to

be just, and such defenses only as he believes to be honestly debatable under the
law.

(d) To employ, for the 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 fact or law;

(e) To maintain inviolate the confidence, and at every peril 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;
 (f) To abstain from all offensive personality and to advance no 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;

(g) Not to encourage either the commencement or the continuance of an action or

proceeding, or delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;

(i) In the defense of a person accused of 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, but by due process of law.

PRACTICE OF LAW

Classical Concept:

Practice of law to fall within the prohibition of statute has been interpreted as customarily
or habitually holding one’s self out to the public as a lawyer and demanding payment for
such services. The word “private practice of law” implies that one must have presented
himself to be in the active and continued practice of the legal profession and that his
professional services are available to the public for a compensation, as a source of his
livelihood or in consideration of his said services. (People vs Villanueva)

Modern Concept:

The practice of law means any activity, in or out court, which requires the application of
law, legal procedure, knowledge, training and experience. (Philippine Lawyers
Association vs Agrava; Cayetano vs Monsod)

COMMENCEMENT OF ATTORNEY-CLIENT RELATIONSHIP

A lawyer-client relationship was established from the very first moment complainant
asked respondent for legal advise regarding the former’s business. To constitute
professional employment, it is not essential that the client employed the attorney
professionally on any previous occasion.

It is not necessary that any retainer be paid, promised, or charged; neither is it material
that the attorney consulted did not afterward handle the case for which his service had
been sought.

It a person, in respect to business affairs or troubles of any kind, consults a lawyer with a
view to obtaining professional advice or assistance, and the attorney voluntarily permits
or acquiesces with the consultation, then the professional employments is established.

Likewise, a lawyer-client relationship exists notwithstanding the close personal

relationship between the lawyer and the complainant or the non-payment of the former’s
fees. (MA. LUISA HADJULA vs. ATTY. ROCELES F. MADIANDA, A.C. No.
6711, July 3, 2007)
Dean Wigmore lists the essential factors to establish the existence of the attorney-client
privilege communication, viz:

(1) Where legal advice of any kind is sought (2) from a professional legal adviser in his
capacity as such, (3) the communications relating to that purpose, (4) made in confidence
(5) by the client, (6) are at his instance permanently protected (7) from disclosure by
himself or by the legal advisor, (8) except the protection be waived.

The purpose of the rule of confidentiality is actually to protect the client from possible
breach of confidence as a result of a consultation with a lawyer.

The seriousness of the respondent’s offense notwithstanding, the Court feels that there is
room for compassion, absent compelling evidence that the respondent acted with ill-will.
Without meaning to condone the error of respondent’s ways, what at bottom is before the
Court is two former friends becoming bitter enemies and filing charges and counter-
charges against each other using whatever convenient tools and data were readily
available. Unfortunately, the personal information respondent gathered from her
conversation with complainant became handy in her quest to even the score. At the end of
the day, it appears clear to us that respondent was actuated by the urge to retaliate without
perhaps realizing that, in the process of giving vent to a negative sentiment, she was
violating the rule on confidentiality.

TERMINATION OF ATTORNEY-CLIENT RELATIONSHIP

The attorney-client relation does not terminate formally until there is a withdrawal made
of record; at least so far as the opposite party is concerned, the relation continues until the
end of the litigation. Unless otherwise relieved, the counsel is responsible for the conduct
of the case (Tumbagahan vs CA )

Requisites for substitution of attorneys:

1. There must always be filed a written application for substitution;

2. There must always be filed a written consent of the client to the substitution;
3. There must be filed the written consent of the attorney to the substituted, if such
consent can be obtained.
4. In such a case that it cannot be procured, there must be filed with the
application for substitution proof of the service of notice of such motion in the
manner required by the rules on the attorney to be substituted.

LEGAL COUNSELING
It is the art of giving advice and information concerning the solution to a legal problem
arising from a given state of facts and the adoption of appropriate reliefs or remedies
under the law and enforcement of a legal obligation before a judicial or quasi-judicial
body.

Practice of law, defined. Rendition of services requiring the knowledge and the
application of legal principles and technique to serve the interest of another with his
consent. (Black’s Law Dictionary, 5th Ed.)

CLASSICAL CONCEPT Carrying on the calling of an attorney, usually for

compensation, acting in a representative capacity and rendering service to another.
(People vs. Villanueva, 14 SCRA 109) In the dissenting opinion of Justice Padilla in the
case of Cayetano vs. Monsod (G.R. No. 100113, September 3, 1991), the following
criteria were enumerated:

1. Habituality Practice is more than isolated appearance, for it consists in frequent or

customary action, a succession of acts of the same kind, a habitual exercise.

2. Compensation Practice of law implies that one must have presented himself in the
active practice and that his professional services are available to the public for
compensation, as a source of his livelihood or in consideration of his services.

3. Application of law Application of legal principle, practice, or procedure which calls for
legal knowledge, training and experience is within the term “practice of law”.

4. Attorney-client- relationship When a lawyer undertakes an activity which requires the

knowledge of law but involves no attorney-client relationship, such as teaching law or
writing law books or articles, he cannot be said to be engaged in practice of his
profession as a lawyer