LEGAL ETHICS - branch of moral science which treats of the duties which an attorney owes to the court, to his

client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional responsibility, Canons of Professional Ethics, jurisprudence, moral law and special laws. A PRESCRIBED SUBJECT provides the needed moral foundation in the study of intended to guide the student throughout his life. Subject since 1918 (Bar Examination PHL) SIGNIFICANCE OF LE

a. Guard against the abuses and ills of the profession such as Dishonesty, Deceit, Immorality,
Negligence, Slothness, Lack of diligence and any forms of malpractice of the members of the Bar. b. It will raise the standards of the legal profession, encourage and enhance the respect of law. c. Assure an effective and efficient administration of justice

d. Assist in the keeping and maintenance of law and order in the coordination of other Govt offices e. Provides the basis for the weeding out of the unfit and the misfit in the legal profession for the protection of the public. ORIGINAL BASES OF LE a. Canons of Professional Ethics Framed by the American Bar Assoc. 1908 Adopted in the Phils. In 1917 by the Philippine Bar Revised Canons were adopted in the Phils. 1946

b. Supreme Court Decisions Many rules on ethics were drawn from decisions of the SC and the SC of the United States which have relevance and bearing to the practice of law in the country

c.

Statutes Some laws provide for sources of legal ethics (CC Art. 1491 [5], 2208 and RPC Art. 209)

d. Constitution Bestowed on the SC the prerogative to promulgate rules on the admission to the Bar, the integration of the Bar and legal assistance to the unprivileged (Art. VIII, Sec. 5 [5] of the 1987 Consti)

e. Treaties and Publications Works on the subject of well-known authors to have been used and cited by the courts as standards and guidelines on the right conduct in the practice of law.

PRESENT BASIS OF THE PHILIPPINE LE

CODE OF PROFESSIONAL RESPONSIBILITY main basis of our LE today It is the embodiment into one Code of the various pertinent and subsisting rules, guide lines and standards on the rule of conduct of lawyers sourced from the Constitution, Rules of Court, Canons of Professional Ethics, statutes, special laws, treatises and decisions which must be observed by all the members of the Bar in the exercise of the profession whether in or out of the court as well as in their public and private lives. Promulgated by the SC on June 21, 1988

IMPORTANCE OF THE NEW CODE Provided the legal profession an impression of identity and sense of independence attuned to the local traditions, practices and customs in the country.

DEFINITIONS OF TERMS COMMONLY USED IN LE 1. BAR AND BENCH

BAR refers to the whole body of the attorneys and counselors; collectively, the members of the legal profession Collectivity of persons whose names appear in the Roll of Attoneys (Garcia v De Vera) Integrated Bar of the Philippines (IBP) membership mandatory BENCH the whole body of judges

2. BAR ADMISSION Act by which one is licensed to practice before the courts of a particular state or jurisdiction after satisfying certain requirements: Bar examination, period of residency or admission on grounds of reciprocity after period of years as a member of bar of another jurisdiction.

3. LAWYER GENERAL TERM: a person trained in the law and authorized to advise or represent others in legal matters A person licensed to practice law

4. TRIAL LAWYER A lawyer who personally handles cases in court, administrative agencies or boards means engaging in actual trial work either for the prosecution or for the defense of cases of clients

5. PRACTISING LAWYER One engaged in the practice of law PRACTICE OF LAW any activity,in or out of the court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (Cayetano v Monsod) Note: All trial lawyers are practicing lawyers but not all practicing lawyers are trial lawyers

6. CLIENT One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee.

7. ATTORNEY-AT-LAW Class of persons who are by license, officers of the court, empowered to appear, prosecute and defend and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui v Cui) Note: Synonymous with Counsellor-at-law, attorney, counsel, abogado and boceros

8. ATTORNEY-IN-FACT Simply an agent whose authority is strictly limited by the instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney Is not necessarily a lawyer

9. COUNSEL DE OFICIO A counsel, appointed or assigned by the court from among members of the bar in good standing who by reason of their experience and ability may adequately defend the accused REMOTE AREAS: Court may appoint any person, resident of the province and of good repute for probity and ability to defend the accused A lawyer or attorney appointed by the court to represent a party, usually an indigent defendant, in a criminal case.

10. ATTORNEY AD HOC A person named and appointed by the court to defend an absentee defendant in the suit

11. ATTORNEY OF RECORD

Attorney whose name must appear somewhere in permanent records or files of cases or on the pleadings or some instrument filed in the case or on appearance docket.

12. OF COUNSEL Associate attorneys

13. LEAD COUNSEL

The counsel on either side of a litigated action who is charge wth the principal management and direction of partys case. Refer to the chief or primary attorney in class action or multi-district litigation

14. HOUSE COUNSEL Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Assigned to particular specialized areas affecting particular business: LABOR LAW, TAXES, PERSONAL INJURY LITIGATION, CORPORATE LAW, etc.

15. AMICUS CURIAE A friend of the Court A person with strong interest in or views on the object matter of an action, but not a party to the action, may petition the court for permission to suggest a rationale consistent with its own views

16. AMICUS CURIAE PAR EXCELLENCE

Bar assoc. who appear in court as amicus curiae Acts merely as a consultant to guide the court in a doubtful question or issue pending before it and serves without compensation

17. BAR ASSOCIATION An association of members of the legal profession IBP, Phil. Bar Association, Phil. Lawyers Association, The Trial Lawyers Association of the Phils., Vanguard of the Phil. Constitution, and many more.

18. COMMISSION ON BAR DISCIPLINE (CBD) Investigating arm of the SC on administrative matters involving disbarment cases against lawyers.

Nature of Proceedings in the CBD CBD is not a court Proceedings therein are nonetheless part of a judicial proceeding

A disciplinary action being in reality an investigation by the SC into the misconduct of its officers or an examination into his character.

OTHER RELEVANT TERMS AND DEFINITIONS 19. ADVOCATE A Lawyer who pleads on behalf of someone else. One who is learned in the law and duly admitted to practice law

20. BARRISTER

(ENGLAND) A person entitled to practice law as an advocate or counsel in superior courts

A person called to the bar by the benches of Inns Court, giving exclusive right of audience in the SC

21. SOLICITOR

(ENGLAND) A person prosecuting or defending in Courts of Chancery. Court of Chancery administers equity and proceeding according to the forms and principles of equity (PHL) A government lawyer attached with the OSG

22. PROCTOR An attorney in the admiralty and ecclesiastical court whose duties and business corresponds exactly to those of an attorney-at-law or solicitor

23. TITULO DE ABOGADO Membership in the Bar after due admission thereto, qualifying one for the practice of law.

24. INTEGRATION OF THE BAR

The official unification of the entire lawyer population and this requires membership and financial support of every attorney as condition sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court.

25. INTEGRATED BAR OF THE PHILS. National organization of lawyers Created on Jan 16, 1973 under Rule 139-A Rules of Court Constituted on May 4, 1973 into a body by Pres. Decree No. 181

GENERAL OBJECTIVES OF THE IBP A. To elevate the standards of the legal profession

B. To improve the administration of justice C. To enable the Bar to discharge its public responsibility more effectively D. To assist in the administration of justice E. To foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public service and conduct F. To safeguard the professional interest of its members G. To cultivate among its members a spirit of cordiality and brotherhood H. To provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure and the realtion of the Bar to the Bench and to the public, and publish information relating I. J. To encourage and foster legal education To promote a continuing program of legal research in substantive and adjective law and make reports and recommendations.

MEMBERSHIP IN THE IBP CHAPTER A lawyer does not automatically become a member of the IBP He has the discretion to choose the Chapter he wants to join Without paying IBP dues, cannot engage in practice of law No exception to payment of dues and not entitled to 20% discount

THERE NO RETIREMENT IN THE IBP A lawyer may TERMINATE his bar membership after filing the required verified notice of termination with the Sec. of the IBP

IBP IS A NONPOLITICAL BAR POSITIONS IN THE IBP HONORARY No compensation and reimbursement to such services

ADMISSION TO PRACTICE LAW POWER TO ADMIT TO PRACTICE, VESTED IN THE SC BASIC REQUIREMENTS FOR ALL APPLICANTS FOR ADMISSION TO THE BAR

Sec. 2, Rule 138, RRC a. Citizen of the Philippines b. At least 21 years of age

c.

Good moral character

d. Resident of the Phils. e. Must produce before the SC satisfactory evidence of good moral character f. No charges against him involving moral turpitude, have filed or pending in any court

ACADEMIC REQUIREMENTS Before COLLEGE OF LAW, he must have already earned a bachelors degree in arts or sciences, referred to as PRE LAW COURSE LAW COURSES: Civil Law, Commercial, Remedial, Criminal, Public and Private Intl, political, Labor and Social Legislation, Taxation, medical jurisprudence and legal ethics (Rule 138, Sec. 5 and 6. RRC) NO PARTICULAR LAW SCHOOL HAS A MONOPOLY OF KNOWLEDGE OF THE LAW WHILE THE PRACTICE OF LAW IS A PRIVILEGE, IT HAS ALSO THE NATURE OF A RIGHT

The right to practice law is not a natural or a constitutional right but is in the name of a privilege or franchise. It is limited to persons of good moral character with special qualifications duly ascertained and certified. Highly personal and partaking of the nature of a public trust. (In the matter of the petition for authority to continue use of firm name, 92 scra 1) GEN RULE: lawyer cannot be prevented from practicing law EXCEPT: Valid reasons; A lawyer may be prevented from appearing in court is the provision of the Constitution prohibiting Sen. or Rep. from appearing before the courts

PRACTICE OF LAW, CONCEPT To do any acts which are characteristics of the legal profession It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience Customary or habitual holding of oneself to the public as a lawyer and demanding compensation his services.

GENERAL COVERAGE OF THE PRACTICE OF LAW 3 Principal types of professional activity 1. Legal advice and instructions to clients to inform them of their rights and obligations 2. Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman 3. Appearance for clients before public tribunals

BASIC CHARACTERISTICS OF THE PRACTICE OF LAW 1. POL is not a matter of right but merely a privilege bestowed upon individuals who are not only learned the law but who are also known to possess good moral character. 2. Not a money-making venture 3. POL cannot be assigned or inherited, but must be earned by hard study and good conduct 4. POL is a profession and not a business as it is an essential part in the administration of justice 5. Reserved only to those who are academically trained in law and possessed good moral character not only at the time of admission to the bar but even more so, thereafter, to remain in the practice of law 6. POL is a privilege hardened with conditions 7. Contemplates a succession of the same nature habitual and customary holding oneself to the public as lawyer. NON-LAWYERS WHO ARE AUTHORIZED TO APPEAR IN COURT GEN. RULE: Only those who are licensed to practice law EXCEPTION:

1. In cases before Municipal Trial Court, a party may conduct his own case or litigation in person, with
the aid of an agent or friend appointed by him for that purpose

2. Before any court, a person may conduct litigation personally. But if he gets someone to aid hi, that
someone must be an authorized member of the Bar bound by the same rules in conducting the trial of his case. He cannot claim, after judgment, claim he was not properly represented by counsel. PUNISHMENT FOR PERSONS WHO PRETEND TO BE LAWYERS Indirect contempt which is punishable by fine or imprisonment or both

A DISBARRED OR SUSPENDED LAWYER HAD NO MORE AUTHORITY TO APPEAR IN COURT AS A LAWYER

PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW IN THE PHILIPPINES Public officials are prohibited to engage in the private practice of law 1. Judges and other officials or employees of the SC 2. Officials and employees of the OSG 3. Government Prosecutor 4. Pres., VP, Members of the Cabinet, their deputies and assistants

5. Members of the Constitutional Commission 6. Members of the Judicial Bar Council 7. Ombudsman and his deputies 8. All governors, city and municipal mayors 9. By special law are prohibited from engaging in the practice of legal profession PUBLIC OFFICIALS WITH RESTRICTIONS IN THE PRACTICE OF LAW a. Constitution b. Local Government Code BACKGROUND OF CODE OF PROFESSIONAL RESPONSIBILITY Principal source and basis of the rules of ethics for members of the Bar who do not belong to the judiciary Applies to lawyers in the government service except the magistrates

DUTIES OF ATTORNEYS UNDER THE REVISED RULES OF COURT 1. To maintain allegiance to the RP and to support the Constitution and obey the laws of the Phils. 2. To observe and maintain the respect due to the courts of justice and judicial officers

3. 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 4. 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 of an artifice or false statement of fact or law 5. To maintain inviolate the confidence and at every peril to himself to preserve the secrets of his clients and to accept no compensation in connection with his clients business except from him or with his knowledge and approval 6. To abstain from all offensive personality and to advance no fact to the honor or reputation of a party or witness unless required by the justice of cause with which he is charged 7. Not to encourage either the commencement or the continuance of an action or proceeding or delay any mans cause form any corrupt motive or interest 8. Never to reject for any consideration personal to himself, the cause of the defenseless or oppressed 9. 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, liberty, but by due process of law. NATURE OF THE POSITION OF AN ATTORNEY AS AN OFFICER OF THE COURT

Constitutional or Statutory term: Attorney is not considered an officer Limited sense: Considered a PUBLIC OFFICER occupying a quasi judicial office Lawyer is considered officers of the Court He directly participates in the administration of justice, either as private practitioner or public prosecution

NATURE OF LEGAL PROFESSION Form of public service or public trust intimately related to the administration of justice, in the practice of which pecuniary rewards are considered as merely incidental.