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Code of Professional Responsibility Lawyer's Oath Rule 138 Canons of Professional Ethics

Canon 1: A lawyer shall uphold the Par.1: I will support the Constitution and obey Sec. 20 (a): To maintain allegiance to the
Constitution, obey the laws of the land and the laws as well as the legal orders of the duly Republic of the Philippines and to support the
promote respect for law and for legal constituted authorities therein; Constitution and obey the laws of the
processes. Philippines.
Rule 1.01: A lawyer shall not engage Par.1: I will do no falsehood, nor consent to Sec. 20 (b): To observe and maintain the Item 1, Par 1: It is the duty of the lawyer to
in unlawful, dishonest, immoral or deceitful the doing of any in court; I will not wittingly or respect due to the courts of justice and judicial maintain towards the courts a respectful
conduct. willingly promote or sue any groundless, false officers; attitude, not for the sake of the temporary
or unlawful suit, or give aid nor consent to the incumbent of the judicial office, but for the
same; maintenance of its supreme importance.
Rule 1.02: A lawyer shall not counsel Par.1: I will do no falsehood, nor consent to Sec. 20 (b): To observe and maintain the Item 1, Par 1: It is the duty of the lawyer to
or abet activities aimed at defiance of the law the doing of any in court; I will not wittingly or respect due to the courts of justice and judicial maintain towards the courts a respectful
or at lessening confidence in the legal system. willingly promote or sue any groundless, false officers; attitude, not for the sake of the temporary
or unlawful suit, or give aid nor consent to the incumbent of the judicial office, but for the
same; maintenance of its supreme importance.
Rule 1.03: A lawyer shall not, for any Par. 2: I will not wittingly or willingly promote Sec. 20 (g): Not to encourage either the
corrupt motive or interest, encourage any suit or sue any groundless, false or unlawful suit, commencement or the continuance of an
or proceeding or delay any man's cause. or give aid nor consent to the same; I will delay action or proceeding, or delay any man's
no man for money or malice, cause, from any corrupt motive or interest;
Par.2: will conduct myself as a lawyer
Rule 1.04: A lawyer shall encourage according to the best of my knowledge and
his clients to avoid, end or settle a controversy discretion, with all good fidelity as well to the
if it will admit of a fair settlement. courts as to my clients;

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.
Rule 2.01: A lawyer shall not reject, Sec. 20 (h): Never to reject, for any
except for valid reasons, the cause of the consideration personal to himself, the cause
defenseless or the oppressed. of the defenseless or oppressed;
Rule 2.02: In such cases, even if the Sec. 20 (h): Never to reject, for any
lawyer does not accept a case, he shall not consideration personal to himself, the cause
refuse to render legal advice to the person of the defenseless or oppressed;
concerned if only to the extent necessary to
safeguard the latter's rights.

Rule 2.03: A lawyer shall not do or Item 27, Par. 1: Advertising, direct or indirect
permit to be done any act designed primarily -
to solicit legal business. It is unprofessional to solicit professional
employment by circulars, advertisements,
through touters, or by personal
communications or interviews not warranted
by personal relations.
Rule 2.04: A lawyer shall not charge Item 12, Par. 1: In fixing fees, lawyers should
rates lower than those customarily prescribed avoid charges which over estimate their
unless the circumstances so warrant. advice and services, as well as those which
undervalue them…
Canon 3: A lawyer in making known his legal Par.2: will conduct myself as a lawyer
services shall use only true, honest, fair, according to the best of my knowledge and
dignified and objective information or discretion, with all good fidelity as well to the
statement of facts. courts as to my clients;
Rule 3.01: A lawyer shall not use or Par.1: I will do no falsehood, nor consent to
permit the use of any false, fraudulent, the doing of any in court;
misleading, deceptive, undignified, self-
laudatory or unfair statement or claim
regarding his qualifications or legal services.
Rule 3.02: In the choice of a firm Item 33, Par. 2: ...In the selection and use of a
name, no false, misleading or assumed name firm name, no false, misleading, assumed or
shall be used. The continued use of the name trade name should be used. The continued
of a deceased partner is permissible provided use of the name of a deceased or former
that the firm indicates in all its partner, when permissible by local custom, is
communications that said partner is not unethical, but care should be taken that
deceased. no imposition or deception is practiced
through this use...
Rule 3.03: Where a partner accepts
public office, he shall withdrawal from the
firm and his name shall be dropped from the
firm name unless the law allows him to
practice law currently.
Rule 3.04: A lawyer shall not pay or
give anything of value to representatives of
the mass media in anticipation of, or in return
for, publicity to attract legal business.
Canon 4: A lawyer shall participate in the
development of the legal system by initiating
or supporting efforts in law reform and in the
improvement of the administration of justice.

Canon 5: A lawyer shall keep abreast of legal


developments, participate in continuing legal
education programs, support efforts to
achieve high standards in law schools as well
as in the practical training of law students and
assist in disseminating information regarding
the law and jurisprudence.

Canon 6: These canons shall apply to lawyers


in government service in the discharge of their
official tasks.
Rule 6.01: The primary duty of a Sec. 20 (i): In the defense of a person accused Item 5, Par. 2: The primary duty of a lawyer
lawyer engaged in public prosecution is not to of crime, by all fair and honorable means, engaged in public prosecution is not to convict
convict but to see that justice is done. The regardless of his personal opinion as to the but to see that justice is done . The
suppression of facts or the concealment of guilt of the accused, to present every defense suppression of facts or the secreting of
witnesses capable of establishing the that the law permits, to the end that no witnesses capable of establishing the
innocence of the accused is highly person may be deprived of life or liberty, but innocence of the accused is highly
reprehensible and is cause for disciplinary by due process of law. reprehensible.
action.
Rule 6.02: A lawyer in the
government service shall not use his public
position to promote or advance his private
interests, nor allow the latter to interfere with
his public duties.
Rule 6.03: A lawyer shall not, after Item 36, Par. 2: A lawyer, having once held
leaving government service, accept public office or having been in the public
engagement or employment in connection employ should not, after his retirement,
accept employment in connection with any
with any matter in which he had intervened matter he has investigated or passed upon
while in said service. while in such office or employ.

The Lawyer’s Duties to the Legal Profession


Code of Professional Responsibility Lawyer’s Oath Rule 138 Canons of Professional Ethics

29. Upholding the honor of the profession


He should strive at all times to uphold the
honor and to maintain the dignity of the
profession and to improve not only the law
but the administration of justice.
CANON 7 - A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DIGNITY OF THE
32. The lawyer's duty in its last analysis
LEGAL PROFESSION AND SUPPORT THE
Correspondingly, he advances the honor of his
ACTIVITIES OF THE INTEGRATED BAR.
profession and the best interests of his client
when he renders service or gives advice
tending to impress upon the client and his
undertaking exact compliance with the
strictest principles of moral law.

Rule 7.01 - A lawyer shall be answerable for Section 2. Requirements for all applicants for
knowingly making a false statement or admission to the bar.
suppressing a material fact in connection with
29. Upholding the honor of the profession
his application for admission to the bar.
The lawyer should aid in guarding the bar
against admission to the profession of
Rule 7.02 - A lawyer shall not support the
candidates unfit or unqualified because
application for admission to the bar of any
Section 2. Requirements for all applicants for deficient in either moral character or
person known by him to be unqualified in
admission to the bar. education.
respect to character, education, or other
relevant attribute.
29. Upholding the honor of the profession
§20 (d) To employ, for the purpose of
Rule 7.03 - A lawyer shall not engage in Lawyers should expose without fear or favor
maintaining the causes confided to him, such
conduct that adversely reflects on his fitness … and will conduct myself as a lawyer before the proper tribunal corrupt or
means only as are consistent with truth and
to practice law, nor shall he whether in public according to the best of my knowledge and dishonest conduct in the profession, and
honor, and never seek to mislead the judge or
or private life, behave in a scandalous manner discretion should accept without hesitation employment
any judicial officer by an artifice or false
to the discredit of the legal profession. against a member of the bar who has wronged
statement of fact or law;
his client.

CANON 8 - A LAWYER SHALL CONDUCT 22. Candor and fairness


HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL The conduct of the lawyer before the court
COLLEAGUES, AND SHALL AVOID HARASSING and with other lawyers should be
TACTICS AGAINST OPPOSING COUNSEL. characterized by candor and fairness.

17. Ill-feelings and personalities between


advocates
Rule 8.01 - A lawyer shall not, in his
Clients, not lawyers, are the litigants.
professional dealings, use language which is
Whatever may be the ill-feeling existing
abusive, offensive or otherwise improper.
between clients, should not be allowed to
influence counsel in their conduct and
demeanor toward each other or toward
suitors in the case.

Rule 8.02 - A lawyer shall not, directly or 7. Professional colleagues and conflicts of
indirectly, encroach upon the professional opinion
employment of another lawyer, however, it is
the right of any lawyer, without fear or favor, Efforts, direct or indirect, in any way to
to give proper advice and assistance to those encroach upon the professional employment
seeking relief against unfaithful or neglectful of another lawyer are unworthy of those who
counsel. should be brethren at the bar; but,
nevertheless, it is the right of any lawyer,
without fear or favor, to give proper advice to
those seeking relief against unfaithful or
neglectful counsel, generally after
communication with the lawyer against whom
the complaint is made.

47. Aiding the unauthorized practice of law


CANON 9 - A LAWYER SHALL NOT, DIRECTLY
No lawyer shall permit his professional
OR INDIRECTLY, ASSIST IN THE
services, or his name to be used in aid of, or to
UNAUTHORIZED PRACTICE OF LAW.
make possible, the unauthorized practice of
law by any lay agency, personal or corporate.

I will do no falsehood, nor consent to the


Rule 9.01 - A lawyer shall not delegate to any
doing of any in court; I will not wittingly or
unqualified person the performance of any
willingly promote or sue any groundless, false
task which by law may only be performed by a
or unlawful suit, or give aid nor consent to the
member of the bar in good standing.
same

Rule 9.02 - A lawyer shall not divide or 34. Division of fee


stipulate to divide a fee for legal services with
persons not licensed to practice law, except: No division of fees for legal services is proper,
except with another lawyer, based upon a
(a) Where there is a pre-existing agreement division of service or responsibility.
with a partner or associate that, upon the
latter's death, money shall be paid over a
reasonable period of time to his estate or to
persons specified in the agreement; or

(b) Where a lawyer undertakes to complete


unfinished legal business of a deceased
lawyer; or
(c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan even if
the plan is based in whole or in part, on a
profit sharing agreement.

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