Legal Ethics Quicknotes

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LEGAL ETHICS

REVIEWER

LEGAL ETHICS - is a branch of moral science, which treats of the duties

which an Attorney owes to the court, to the 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 laws and special laws.

State the significance of legal ethics.

The practice of law which covers a wide range of activities characteristic of the legal profession including the pursuit and defense of client's rights and interests before the court, will be transgressive, anarchic, riotous, lawbreaking, defiant and disobedient to courts, if there are no sets of governing rules to limit the parameters and tame the exercise of the profession.

Legal ethics will guard against the abuses and ills of the profession such as dishonesty, deceit, immorality, negligence, slothness, lack of diligence and the many forms of malpractice of the members of the bar. On the positive side, it will raise the standard of the legal profession, encourage and enhance the respect for the law, assure an effective and efficient administration of justice, assist in the keeping and maintenance of law and order in coordination with the other departments of government. It also provides the basis for weeding out the unfit and the misfits in the legal profession for the protection of the public. (Pineda, Legal and Judicial Ethics, 1994 Ed., pp.1 and 2).

Original Bases of Legal Ethics:

1. Canons of Professional Ethics 2. Supreme Court Decisions: 3. Constitution

4. Treatises and publications 5. Statistics

Present Basis of the Philippine Legal System : Code of Professional

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DEFINITION OF TERMS

Bar vs. Bench

- Refers to the whole body of attorneys and denotes the whole body of judges, counselors, collectively the members of the legal profession

Practice of Law - any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of 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, 201 SCRA 210).

Attorney-at-law/Counsel-at-law/Attorney/Counsel Abogado/Boceros:

- that class of persons who are licensed officers of the courts, empowered to appear, prosecute and defend; and upon whom peculiar duties, responsibilities, and liabilities are developed the law as a consequence (Cui v. Cui, 120 Phil. 729).

Attorney In fact - an agent whose authority is strictly limited by the instrument appointing him, however, he may do things not mentioned in his appointment but are necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer.

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.

Note: In localities where members of the Bar are not

available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.

Attorney ad hoc' - a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor's of Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record - one who has filed a notice of appearance and who

hence is formally mentioned in" court records as the official attorney of the party. Person whom the client has named as

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his agent upon whom service of papers may be made. (Reynolds v. Reynolds, Cal.2d580).

Of Counsel - to distinguish them from attorneys of record, associate attorneys are referred to as "of counsel" (5 Am. Jur. 261).

Lead Counsel - The counsel on their side of a litigated action who is

charged with the principal management and direction of a party's case.

House Counsel - Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.

Bar Association - an association of members of the legal profession.

Advocate - The general and popular name for a lawyer who pleads on behalf of someone else.

Barrister' (England) - a person entitled to practice law as an advocate or

counsel in superior court.

Proctor (England) - Formerly, an attorney in the admiralty and

ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery.

Titulo de Abogado - It means not mere possession of the academic

degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law.

ADMISSION TO THE PRACTICE OF LAW

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:

See. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading practice and procedure in all courts the admission to the practice of law, the Integrated Bar and legal assistance to the under privileged.

The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession.

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 Composed of (1) member of the Supreme Court who acts as Chairman and

eight (8) members of the bar.

 The 8 members act as examiners for the 8 bar subjects with one subject

assigned to each.

 The "Bar Confidant acts as a sort of liaison officer between the court and the Bar Chairman on the other hand, 'and the individual members of the committee on the other. He is at the same time a deputy clerk of .court.

 Admission of examinees is always subject to the final approval of the court.

Practice of Law

The practice of law is a PRIVILEGE granted only to those who possess the STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments In the effective and efficient administration of justice. (In Re: Argosino, 1997).

Practice of law means any activity, in or out of 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 vs. Monsod, 20.1 SORA 210 citing 111 AI..R 23).

Requirements for admission to the Bar:

1. Citizen of the Philippines 2. At least 21 years old 3. Of good moral character 4. Resident of the Philippines

5. Production before the Supreme Court satisfactory evidence of: a. Good moral character

b. No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one's good standing In that exclusive and honored fraternity. (Tapucar VS. Tapucar, 1998)

Academic Requirements for Candidates:

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2. A completed course in: a. Civil law

b. Commercial law c. Remedial law

d. Public international law e. Private international law f. Political law

g. labor and social legislation h. Medial jurisprudence

I. Taxation j. Legal ethics

Non-lawyers who may be authorized to appear in court:

1. Cases before the MTC: Party to the litigation, in person OR through an agent or friend or appointed by him for that purpose (Sec. 34, Rule 138, RRC)

2. Before any other court Party to the litigation, in person (Ibid.)

3. Criminal case before the MTC In a locality where a duly licensed member of the Bar is not available: the judge may appoint a non-Lawyer who is:

a. Resident of the province

b. Of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC).

4. Legal Aid Program - A senior law student, who /s enrolled in a recognized law school's clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients, accepted by the legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school.

5. Under the labor code, non-lawyers may appear before the NLRC or any labor Arbiter, if

a. They represent themselves, or If

b. They represent their organization or members thereof (Art 222, PO 442, as amended). "

6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259, Sec. 9).

Public Officials who cannot engage In the private practice of Law in the Philippines:

1. Judges and other "officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).

2. Officials and employees of the OSG (Ibid.)

3. Government prosecutors (People v. Villanueva, 14 SORA 109).

4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VI/I Sec. 15, 1987 Constitution).

5. Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)

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Constitution)

7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90). 8. Those prohibited by special law

Public officials with Restrictions in the Practice of Law

1. No Senator as member of the House of Representative may personally appear as counsel before any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution).

2. Under the Local Government Code (RA 7160, Sec. 91) Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not:

a. Appear as counsel before any court in any civil case wherein a local government unit any office, agency, or instrumentality of the government is the adverse party;

b. Appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;

c. Collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official;

d. Use property and personnel of the government except when the Saggunian member concerned is defending the interest of the government.

3. Under RA 910, Sec. 1 as amended, a retired justice or judge receiving pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.

Attorney's Oath

“I,___________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its 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 willingly nor wittingly 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 court as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God”(Form 28, RRC)

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 The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)

 It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).

State the concept of attorney's fee.

Attorney's fee is the reasonable compensation paid to a lawyer for the legal services he has rendered to a client. It may also be an indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in litigation.

Define contingent fee.

Contingent fee is one depending on the success of the services to be performed (7 C.J.S. 1062).

Define contingent fee contract.

Contingent fee contract is a bilateral, entire agreement, speculative in nature, providing for conditional compensation of an attorney. (7 C.J.S. 1062).

Give the distinction between contingent fee contracts and champertous contracts.

1. In a champertous contract, the attorney undertakes to bear all expenses incident to the litigation. This is not true in contingent fee contracts.

2. Champertous fees are payable only in kind, out of the properties recovered; whereas, contingent fees may be paid in cash.

Champertous contracts are void as against public policy and the ethics of the profession; whereas, contingent fee contracts are valid. (Canons of Professional Ethics, 42).

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ATTORNEY'S FEES

Q -May a lawyer in a probate case which was dismissed appeal the dismissal to enforce his attorney's fees based on contingency? Why?

-No. If the probate of a will is dismissed, the lawyer cannot appeal to enforce his fees. Since the contingency did not occur due to the dismissal of the petition, the lawyer is not entitled to his attorney's fees.

Q -Is a contract between a lawyer and his client stipulating a contingent fee covered by the prohibition under Article 1491(5) of the New Civil Code?

-No because the payment of said fee was not made during the pendency of the litigation but only after the judgment has been rendered in the case handled by the lawyer. (Fabillo vs. lAC, 195 SCRA 28, March 11, 1991).

Q -Are initial fees and fees paid in the progress of litigation part of the contingent fees?

-No, they are independent of the contingent fees. The fact that a lawyer may have been paid substantially (in initial fees) while the case was dragging is no justification for denying him the full amount under the contingent fee contract with a client. (Law Firm of Raymundo Armovit vs. CA, 202 SCRA 16, Sept. 27, 1991).

Q -A lawyer whose services were engaged on a contingency basis was terminated by his client due to his refusal to represent him in an extrajudicial settlement of the claim. State the effect of such termination.

-An attorney hired on a contingent basis and whose services were terminated by his clients because of his refusal to represent them in an out of court settlement of their claims has no right to

interfere in the implementation of the settlement agreement in his efforts to collect attorney's fees not due him. (Chua vs. NLRC, 190 SCRA 558, Oct. 17, 1990).

Q -Is the agreement between a lawyer and his client which provides that the latter agrees on a 50% contingent fee provided the former defrays all expenses for the suit, including court fees, valid?

-No, such agreement is null and void for being a champertous agreement. (Bautista vs. Gonzales, supra).

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Q -When may a lawyer validly advance the expenses of litigation?

-A lawyer may in good faith advance the expenses of litigation provided the same should be subject to reimbursement. (Bautista vs. Gonzales, supra).

Q- -What is the nature of a charging lien?

A charging lien, to be enforceable as security for the payment of attorney's fees, requires as a condition sine qu non a judgment secured in the main action by the attorney in favor of his client. It is not of the nature which attaches to the property in litigation, but is at most a personal claim enforceable by a writ of execution. It presupposes that the attorney has secured a favorable money judgment for his client. A charging lien is limited only to money judgments and not to judgments for the annulment of a contract or for delivery of real property. (Metropolitan Bank and Trust Company vs. CA, 181 SCRA 367, Jan. 23,1990).

Q - What court has jurisdiction over an enforceable charging lien?

-An enforceable charging lien, duly recorded, is within the jurisdiction of the court trying the main case. This jurisdiction subsists until the lien is settled. (Metropolitan Bank and Trust Company vs. CA, supra).

Q - How may a lawyer enforce his right to attorney's fees?

By filing the necessary petition as an incident in the main action in which his services were rendered when something is due his client in the action from which the fee is to be paid. (Metropolitan Bank and Trust Company vs. CA)

Q -How may a lawyer assert his claim for attorney's fees?

-Counsel's claim for attorney's fees may be asserted either in the very action in which the services in question have been rendered for or in a separate action. If the first alternative is chosen, the Court may pass upon said claim even if its amount were less than the minimum prescribed by law for the jurisdiction of said court, upon the theory that the right to recover attorney's fees is but an incident of the case in which the services of counsel have been rendered. (Quirante vs. Intermediate Appellate Court, G.R. No. 73886, 31 Jan. 89).

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Q - How may a petition for the recovery of attorney's fees be established?

A petition for the recovery of attorney’s fees, either as a separate civil suit or as an incident in the main action has to be prosecuted and the allegations therein established as in any other money claim. The persons who are entitled to or who must pay attorney's fees have the right to be heard upon the question of their propriety or amount. Hence, the obvious necessity of a hearing is beyond cavil. (Metropolitan Bank and Trust Company vs. CA, supra).

Q- How do you consider a contract for the payment of attorney's fees?

A stipulation regarding the payment of attorney's fees is neither illegal nor immoral and is enforceable as the law between the parties as long as such stipulation does not contravene law, good morals, good customs, public order or public policy. (Reparations Commission vs. Visayan Packing Corporation, 191 SCRA 531, Feb. 6, 1991). So that if a lawyer who rendered services to a labor union with the knowledge and acquiescence of its Board is entitled to the reasonable value of his professional services on a quantum meruit basis, especially if such services redounded to the benefit of the union although his appointment as union counsel was not authorized by a Board Resolution. (Hipolito, Jr. vs. Ferrer-Calleja, 190 SCRA 182, Oct. 1, 1990).

Q -If a lawyer claims and enforces his claim for attorney's fees, is he required to pay docket fees? Why?

-Yes. A motion for attorney's fees is in the nature of an action commenced by a lawyer against his client for attorney's fees, hence, docket fees should have been priory paid before the court could law-fully act on said motion, and decide it. It may be true that the claim for attorney's fees was but an incident in the main case, still, It is not an escape valve from the payment of docket fees because as in all actions, whether separate or as an offshoot of a pending proceedings, the payment of docket fees is mandatory. (Lacson vs. Reyes, 182 SCRA 729, Feb. 26, 1990).

Q- May the court modify an agreement for the payment of attorney's fees?

-Yes. Courts may modify attorney's fees previously agreed upon by the parties under a valid contractual stipulation where the amount thereof appears to be unconscionable or unreasonable.

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(Radiowealth Finance Co., Inc. vs. Int'I. Corporate Bank, 182 SCRA 862, Feb. 28, 1990).

Q- May an executor or administrator recover attorney's fees for his services to the estate? Why?

- No. An administrator or executor may be allowed fees for necessary expenses he has incurred but he may not recover attorney's fees from the estate. Where the administrator is himself the counsel for the heirs, it is the latter who must pay attorney's fees. (Lacson vs. Reyes, supra)

Q. If the individual heirs in an estate proceedings hired their own lawyers, is the estate liable for attorney's fees? Why?

No. In estate proceedings, attorney's fees are not the obligation of the estate but of the individual heirs who individually hired their respective lawyers. The lawyer should collect from the heirs distributes who individually hired him his attorney's fees according to the nature of the services rendered. (Sesbreno vs. CA, 213 SCRA 681, Sept. 4, 1992).

Q -What is the nature of an award of attorney's fees under Art. 2208 of the Civil Code? Explain.

An award of attorney's fees as an item of damages is the exception rather than the rule, and counsel's fees are not to be awarded every time a party wins a suit. The power of the court to award attorney's fees under Article 2208 of the Civil Code demands factual, legal and equitable justification, without which the award is a conclusion without a premise, its basis being improperly left to speculation and conjecture. The court must explicitly state thereof the legal reason for the award of attorney's fees. (Central Azucarera de Bais vs. CA, 188 SCRA 328, Aug. 3, 1990.)

Q - When is the principle of quantum meruit applied?

-It is applied if a lawyer is employed without a price agreed upon for his services. In which case, he would be entitled to receive when merits for his services, as much as he has earned. (Lorenzo vs. CA, supra

)

Q. (A) In the absence of a written contract between attorney and client, what factors are to be considered in determining the amount of attorney's fees? (1966 Bar)

(B) What elements are generally to be considered in fixing reasonable compensation for legal services rendered on the basis of quantum meruit? (1968 Bar)

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(D) If the Court decides that the counsel of a party to a case may recover attorney's fees on the basis of "quantum meruit", what does the order of the court mean? (1971 Bar) (E) What factors must be considered by the court in determining attorney's fees in the absence of a written contract? (1972 Bar)

(F) What are the factors that should be considered in determining the amount to be awarded as attorney's fees? (1977 Bar)

A. The factors, in determining the amount to be awarded as attorney's fees on a quantum meruit are:

1. The importance of the subject matter of the controversy; 2. The extent of the services rendered; and

3. The professional standing of the lawyer (Sec. 24, Rule 138, Revised Rules of Court).

Supreme Court decisions mentioned the following factors: (1) The amount and character of the services rendered; (2) The labor, time, and trouble involved; (3) The nature and importance of the litigation or business in which the services were rendered; (4) The responsibility imposed; (5) The amount of money or the value of the property affected by the controversy or involved in the employment; (6) The skill and experience called for in the performance of the services; (7) The professional character and social standing of the attorney; and (8) The results secured, it being a recognized rule that an attorney may properly charge a much larger fee when it is contingent than when it is not.

The Canons of Professional Ethics consider the following factors, namely: (1) The time and labor required, the novelty and difficulty of the questions involved and the skill required properly to conduct the cause; (2) Whether the acceptance of employment in the particular case will preclude the law-yer's appearance for others in cases likely to arise out of the transaction, and in which there is a reasonable expectation that otherwise he could be employed in particular case of antagonisms with other clients; (3) The customary charges of the BAR for similar services; (4) The amount involved in the controversy and the benefits resulting to the client from the services; (5) The contingency or the certainty of the compensation; and (6) The character of the employment, whether casual or for an established and constant client. (Canons of Professional Ethics, 12; Mambulao Lumber. Co. vs. PNB, G.R. No. L-22973, January 30, 1968).

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-Yes. A lawyer has a right to recover from his client a reasonable compensation for his services, except if he agreed to render services for free or gratuitously or if he has been appointed as counsel de oficio.

Q - What are the requirements before a lawyer maybe entitled to compensation?

- The requirements are:

(1). There must be a lawyer-client relationship or in short, employment;

(2) There must be rendition of service.

Q -Who may not charge attorney's fees?

- The following may not charge attorney's fees:

1) government lawyers;

2) executor or administrator of an estate;

3) counsel de oficio except that he may be entitled to a token

compensation.

Q - State some acts of a lawyer that may negate the recovery of attorney's fees.

- They are:

(1)misconduct, negligence or carelessness;

(2)abandonment or withdrawal without client's consent; (3)representing adverse interest.

Q - State some acts that may not negate a lawyer's right to attorney's fees.

- They are:

(1)if the client withdrew the case or compromised it; and (2)if he was discharged without valid cause.

Q - How may a lawyer enforce his claim for attorney's fees?

- He may do either of two (2) things:

(1)file a petition as an incident of the main action which may be passed upon by the court if there is something due to the client in the action;

(2)file an independent action.

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-No. The court may pass upon such claim even if the amount is less than the minimum amount prescribed by law for the jurisdiction of the court. (Quirante vs. CA, G.R. No. 73886, Jan. 31, 1989). This rule has to be so because the claim is only incidental to the main action.

Q - What does it mean when a lawyer exercises his retaining lien?

- It does not:

(a) mean that he attached the funds which came to his possession in some other capacity;

(b) extend to the funds of client's principal; or (c) extend to subject matter of the action.

Q -When may the court require the surrender of funds or documents that came into his possession?

- If the client posts a bond and when the documents are indispensable to the case.

Q - When shall a retaining lien end?

-It ends when the possession lawfully ends.

Q - What are the requirements of a charging lien and when shall it take effect?

- The requirements of a charging lien are:

(1) it should be filed while the court still has the records of the case and before full satisfaction of the judgment; and

(2) copies of the statement must be served on the client who has the right to dispute it, or on the adverse party in order to bind him. It shall take effect from the time the lawyer caused a notice of his lien to be entered in the records of the case.

Q - State the effects of a charging lien.

- They are:

(1)it gives the lawyer the right to collect out of the judgment and executions in pursuance thereof;

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(2) client or assignee who receives the proceeds of the judgment holds it in trust for the lawyer;

(3)judgment debtor who fully satisfies the judgment debt in disregard of the lien is still liable for the full value thereof, enforceable by execution;

(4)the lien enjoys preference of credit over a creditor who subsequently recorded his credit; and

(5)it gives the lawyer a standing in the action to protest its discontinuance by the client unless suitable measures for the protection of his fees are provided. In fact, it has the effect of terminating the client-lawyer relationship.

Q - Give the basic requirement for the validity of an award of attorney's fees in a decision.

-An award of attorney's fees in the form of damages to be paid by the losing party must be stated in the dispositive portion of the decision giving a reason for the said award. It is necessary for the court to make findings of facts and law that would bring the case within the exception to justify the grant of such award. (Lantin vs. CA, uncited). An award of attorney's fees in accordance with Art. 2208 of the Civil Code demands factual, legal and equitable justification without which the award is a conclusion without a premise its basis being improperly left to speculation and con-jecture. The reasons for the award must be explicitly stated in the text of the trial court's decision, otherwise, it will be disallowed on appeal. (Central Azucarrera de Bais vs. CA, 188 SCRA 328; Radiowealth Communication vs. Rodriguez, 182 SCRA 899).

Q -Is a government-owned or -controlled corporation represented by the Office of the Government Corporate Counsel entitled to attorney's fees? Why?

-Yes. There is, as a matter of principle, no reason why a government owned or -controlled corporation, or any other government agency or entity for that matter, which was compelled to bring suit against a private person or entity in order to protect its rights and interests, should not be granted an award of attorney's fees, where such award would be proper if the suit had been brought by a private entity. While such a corporation, agency, or entity may be represented by government lawyers, clearly, costs are incurred either by the plaintiff-corporation or entity directly or by the general tax-paying public indirectly, by reason of the default or other breach of contract or violation of law committed by the defendant.

Q - The services of a lawyer were terminated before his client compromised the case. Is he entitled to contingent

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- No, because he did not participate in the negotiations for the settlement of the case. Since he did not take part in the settlement, there is 11,0 basis for attorney's fees. However, if he participated in the negotiation for settlement of his client's case, he is entitled to his fees agreed upon. In fact, the client can even be liable for damages for his bad faith if there is any.

Q -May a lawyer get the entire property in the litigation after the termination of the case? Why?

No, because that would be unconscionable. A lawyer is not merely the defender of his client's cause and a trustee of the client in respect of the client's cause of action; he is also, and first and foremost, an officer of the court and participates in the fundamental function of administering justice in society. It follows that a lawyer's compensation for professional services rendered are subject to the supervision of the court, not just to guarantee that the fees he charges and receives remain reasonable and commensurate with the services rendered, but also to maintain the dignity and integrity of the legal profession to which he belongs. Upon taking his attorney's oath as an officer of the court, a lawyer submits himself to the authority of the courts to regulate his right to charge professional fees. There should never be an instance where a lawyer gets as attorney's fees the entire property involved in the litigation (even on a contingent fee basis). It is unconscionable for the victor in litigation to lose everything he won to the fees of his own lawyer. (Sumaoang vs. Judge, RTC Branch XXXI, Guiniba, Nueva Ecija, et ai., 215 SCRA 137).

Q -A engaged the services of a lawyer in the recovery of a parcel of land consisting of 121 square meters. They agreed that the attorney's fee~ is based on a contingency where if the property is recovered, the lawyer's son would be entitled to a usufruct at 97.5 square meters of the land for 10 years. Is the contingent fee contract valid? Why?

-No, because the contract is tantamount to giving the property of the client to the lawyer. The contract is deemed excessive. There should not be an instance wherein the victor in litigation loses everything to his lawyer. (Licudan vs. CA, 193 SCRA 293).

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THE LAWYER AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.

 RULE 1.01- A lawyer shall not to engage in unlawful, dishonest,

immoral or 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:

a. Estafa b. Bribery c. Murder d. Seduction e. Abduction f. Smuggling

g. Falsification of public documents

 Morality as understood in law - 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 (Artiga VS. Maniwag, 106 SCRA 591).

 Grossly Immoral Conduct: One that is so corrupt and false as to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible to a high degree; it is a WILLFUL, FLAGRANT or SHAMELESS ACT which shows a MORAL INDIFFERENCE to the opinion of respectable members of the community. (Narag VS. Narag, 1998)

 An attorney may be removed not only for malpractice and dishonesty in his profession but also for gross misconduct not related to his professional duties which show him to be an unfit and unworthy lawyer.(Co VS. Bernardino, 285 SCRA 102).

RULE 1.02- A lawyer shall not to 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 suit or proceeding or delay any man’s cause.

RULE 1.04 - A lawyer shall encourage his clients to avoid, end or settle a

controversy if it will admit of a fair settlement.

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burden/duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible.

 It is 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.

 Until a 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 it just meaning and extent.

 A lawyer has the obligation not to encourage suits. This is so as to prevent barratry and ambulance chasing.

 Barratry - offense of frequently exciting and stirring up quarrels and suits, either at law or Otherwise; Lawyer's 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 for the filing of a case against the person(s) who caused the accident(s).

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, except for valid reasons, the cause

of the defenseless or the oppressed.

RULE 2.02 - In such cases, even if the lawyer does not accept a case, he

shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights.

RULE 2.03 - A lawyer shall not do or permit to be done any act designed

primarily to solicit legal business.

Primary characteristics which distinguish the legal profession from business: a. Duty of service, of which the emolument is a by product, and in

which one may attain the highest eminence without making such money;

b. A relation as an 'officer of court' to the administration of justice involving thorough sincerity, integrity and reliability;

c. A relation to clients in the highest degree of fiduciary;

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and unwillingness to resort to current business methods of advertising and encroachment on their practice or dealing with their clients.

 Defenseless - not in the 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.

Rule on Advertisements

 General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the establishment of a well-merited reputation for professional capacity and fidelity to trust.

Lawyers may not advertise their services or expertise nor should not resort to 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 lawyer's position, and all other self-laudation.

 Exceptions: Permissible advertisements

1. Reputable law lists, in a manner consistent with the standards of. Conduct imposed by the canons, of brief biographical and informative data, are allowed. (Ulep vs. Legal Clinic, Inc., 223 SCRA 378)

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. (Ulep vs. Legal Clinic, Inc., 2~3 SCRA 378)

3. A simple 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. (Ulep vs. Legal Clinic, Inc., 223 SCRA 378)

4. Advertisements or simple announcement of the existence of a lawyer or 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 and in telephone directories.

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customarily prescribed unless the circumstances so warrant.

 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 the agreement.

 Rule: A lawyer cannot compromise the case without client's consent (special. authority).

Exception: Lawyer has exclusive management of the procedural aspect of the litigation 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 IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

RULE 3.01 - A lawyer shall not use or permit the use of any false,

fraudulent, 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 name, no false, misleading or

assumed name shall be used. The continued use of the name of a

deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased.

RULE 3.03 - Where a partner accepts public office, he shall withdraw

from the firm and his name shall be dropped from the firm name unless the law allows him to practice law concurrently.

RULE 3.04 - A lawyer shall not payor give anything of value to

representatives of the mass media in anticipation of, or in return for, publicity to attract legal business.

 It is unethical to use the name of a foreign firm.

 Death of a partner does not extinguish attorney-client relationship with the law firm.

Negligence of a member in the law firm is negligence of the firm.

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

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 Examples: Presenting position papers or resolutions for the introduction of pertinent bills in Congress; Petitions with the Supreme Court for the amendment of the Rules of Court.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIVE 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.

Objectives of integration of the Bar

 To elevate the standards of the legal profession

 To improve the administration of justice.

 To enable the Bar to discharge its responsibility more effectively.

The three-fold obligation of a lawyer

 First, he owes it 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 owes it to the lay public to make the law a part of their social consciousness.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL TASKS.

 Public Officials - include elective and appointive officials and employees, permanent or temporary, whether in the career or non-career service, including military and police personnel, whether or not they receive compensation, regardless of amount. (Sec. 3 (b), RA 6713).

 The law requires the observance of the following norms of conduct by every public official in the discharge and execution of their official duties:

a. Commitment to public interest b. Professionalism

c. Justness and sincerity d. Political neutrality

e. Responsiveness to the public f. Nationalism and patriotism g. Commitment to democracy h. Simple living (Sec. 4, RA 6713)

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is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary 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 leaving a government service,

accept engagement or employment in connection with any matter in which he had intervened while in said service.

 Various ways a government lawyer leaves government service: a. Retirement

b. Resignation

c. Expiration of the term of office d. Dismissal

e. Abandonment

Q: What are the pertinent statutory provisions regarding this Rule?

Sec. 3 (d) RA 3019 as amended and Sec. 7 (b), RA 6713

Sec 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 to be 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 of the following acts:

1. Own, control, manage or accept employment 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 likewise apply.

Q -State the basic duties of a lawyer to society.

-The Code of Professional Responsibility mandates that:

1. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes;

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;

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3. A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts;

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;

5. A lawyer shall keep abreast of legal development, 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;

6. These canons shall apply to lawyers in government service in the discharge of their official tasks.

Q - A lawyer procured personal loans from the complainant through insinuations of his power as an influence peddler at the Bureau of Customs, and issued bad checks. If an administrative case is filed against him, can he interpose the defense that his conducts were not connected to the practice of his profession? Explain.

-No. Rule 1.01, Chapter 1 entitled The Lawyer and Society of the Code of Professional Responsibility which requires that a lawyer shall not engage in unlawful, dishonest, immoral and deceitful conduct does not limit itself to conduct exhibited in connection with the performance of professional duties. His propinquity for employing deceit and misrepresentations as well as his cavalier attitude towards incurring debts without the least intention of repaying them is reprehensible. This disturbing behavior cannot be tolerated especially if the lawyer is an officer of the court.

Q - What is the lawyer's primary duty to society?

- The lawyer's primary duty to society or to the State is to uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. (Canon 1, Code of Professional Responsibility). Thus, it has been said that "to say that lawyers must at all times uphold and respect the law is to state the obvious". Considering that, "of all classes of professions, lawyers are most sacredly bound to uphold the law," (Ex parte Wall, 107 U.S. 265; cited in Malcolm, Legal and Judicial Ethics, p. 214), it is imperative that they live by the law. Accordingly, lawyers who violate their oath and engage in deceitful conduct have no place in the legal profession. (Victoriano P. Resurreccion vs. Atty. Ciriaco C. Sayson, Adm. Case No. 1037, 101 SCAD 654, December 14, 1998).

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- The duty of a lawyer to uphold the Constitution, obey the laws of the land and promote respect for the law and legal processes is enshrined in the Attorney's Oath which every lawyer must take before he may practice law. Such oath runs thus:

"I... do hereby solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its 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 do-ing of any in court; I will not wittdo-ingly or willdo-ingly 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 this voluntary obligation without any mental reservation or purpose of evasion. So help me God."

Q -A lawyer was convicted of the crime of estafa. Can he be disbarred? Why?

-Yes, because for having been convicted of estafa, such lawyer does not possess good moral character. A lawyer who had been convicted of estafa does not possess moral turpitude. Moral turpitude includes everything which is done contrary to justice, honesty and good morals. Estafa, no doubt, is a crime involving moral turpitude because the act is unquestionably against justice, honesty and good morals. Good moral character is not only a condition precedent to admission to the legal profession, but it must also remain extant in order to maintain one's good standing in that exclusive and honored fraternity.

Law is a noble profession, and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically and equally important, morally. Because they are vanguards of the law, and the legal system, lawyers must at all times conduct themselves, especially in their dealings with their clients, and the public at large, with honesty and integrity in a manner beyond reproach. (Victoriano O. Resurrection vs. Atty. Ciriaco Sayson, Adm. Case No. 1037, December 14, 1998, 101 SCAD 654)

Q - May a lawyer who was convicted of the crime of violation of B.P. Big. 22 be disbarred? Why?

-Yes. The issuance of a bouncing check imports deceit and violation of the attorney's oath and the Code of Professional Responsibility which requires him to obey the laws of the land.

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Conviction of a crime involving moral turpitude might not relate to the exercise of the profession of a lawyer, but it certainly re-lates to and affects the good moral character of a person convicted of such offense. (People vs. Tuanda, 181 SCRA 692). It must be emphasized that the nature of the office of a lawyer requires that he shall be a person of good moral character. This qualification is not only a condition precedent to an admission to the practice of law; its continued possession is also essential for remaining in the practice of law. (Victoriano P. Resurreccion vs. Atty. Ciriano Sayson, supra).

Q -BG, a lawyer borrowed the records of a case. He, however, stole some exhibits by tearing them off. Can he be disbarred? Why?

-Yes, BG can be disbarred. Well settled is the rule that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. The act of stealing the exhibits can be considered as an unlawful and dishonest act of a lawyer, a violation of his bounden duty under the Code of Professional Responsibility. In the case at bar, BG has descended to the level of a common thief (Fernandez vs. Benjamin Grecia, Adm. Case No. 3694, June 17, 1993,42 SCAD 438).

Q -One of the essential qualifications for a lawyer to maintain his standing in the legal profession is honesty. Give examples of dishonest and deceitful conduct of a lawyer.

- They are:

1. Misappropriating a client's fund (Quilban vs. Robinol, 171 SCRA 769);

2. Giving false statements under oath in an information sheet submitted in connection with a lawyer's application for the position of Chief of Police (Calo vs. Degano, 20 SCRA 447); 3. Maneuvering reconveyance of property in the name of the

lawyer instead of the client in a case involving sale with pacta de retro (Imbuido vs. Fidel Sor Mangonon, 4 SCRA 760);

4. Falsification of grades in the Bar Examinations (In re: Del Rosario, 52 Phil. 399);

5. Delayed failure to account money collected for the client (Licuanan vs. Melo, 170 SCRA 100);

6. Inducing someone to buy a parcel of land knowing that it is not for sale (In re: Quiambao, 102 Phil. 940); and

7. Stealing evidence attached to the court records. (Fernandez vs. Grecia, Adm. Case No. 3694, June 17, 1993, 42 SCAD 438).

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Q - A lawyer who stole a document from the record of a case was disbarred. Why?

-He is an officer of the court. He is like the court itself. An incorrigible practitioner of dirty tricks would be ill-suited to discharge the role of an instrument to advance the ends of justice. (Fernandez, et at. vs. Grecia, supra).

Q - A lawyer shall not engage in immoral conduct. What degree of immorality may cause the disbarment or disciplinary action against a lawyer? Explain.

-For immorality to be a ground for disciplinary action, it must not only be merely immoral but also grossly immoral. It means that the act must be one which is unquestionably so corrupt or unprincipled. (Arciaga vs. Maniwang, 106 SCRA 591)

Q - Give some examples of immoral conduct of a lawyer.

- They are:

1. Abandonment of wife and cohabiting with another woman. He can be disbarred (Obusan vs. Ocusan, 128 SCRA 485); 2. Bigamy committed by lawyer (Terre vs. Terre, 211 SCRA 6); 3. Representing oneself to be eligible to marry when in fact he

is not (Barrientos vs. Daarol, Adm. Matter No. 1512, Jan. 29, 1993);

4. Having carnal knowledge with a woman through a promise of marriage which he did not fulfill. He can be disbarred (Almirez vs. Lopez, 27 SCRA 169);

5. Arranging the marriage of his son to a woman with whom he had illicit relations and after the marriage, he continued his adulterous relations with her (Mortel vs. Aspiras, 100 Phil. 586);

6. Enveigling a woman into believing that they had been married civilly to satisfy his carnal desires. He was disbarred (Cabrera vs. Agustin, 106 Phil. 256; Pomperada vs. Jochico, 133 SCRA 309); and

7. Aintaining adulterous relationship with a married woman. (Cordova vs. Cordova, 179 SCRA 680).

Q - A married B who was already a married woman although her marriage was void for having married a first degree cousin. A studied law, graduated, passed the Bar

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-No, because he violated his duty not to engage in immoral conduct. He made a dupe of his wife, living on her bounty and allowing her to spend for his schooling and marrying another girl as soon as he finished his studies. (Terre vs. Terre, 211 SCRA 6).

Q - What is barratry?

- Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. It is a lawyer's act of fomenting suits among individuals and offering his legal services to one of them.

Q - What is an ambulance chaser?

-Ambulance chaser is a lawyer who haunts hospitals and visits the homes of affected, officiously intruding their presence and persistently offering his services on the basis of a contingent fee. (Warvelle, Legal Ethics, pp. 56-57).

Q - A filed a suit against B. They entered into a com-promise agreement but X, the lawyer B objected to it as his attorney's fees have not been paid. Is the act of X proper? Why?

- No. It is the sworn duty of a lawyer not to delay any man's cause for money or malice. A lawyer cannot delay the approval of a compromise agreement entered into between the parties, just because his attorney's fees were not provided for in the agreement. (Jesalva vs. Bautista, 105 Phil. 348).

Q - One of the duties of a lawyer is that, he shall not, for corrupt motive or interest, encourage any suit or

proceeding or delay any man's cause. Give examples of instances of delay which can be considered condemnable.

ANS. - They are:

1. Resorting to technicalities to frustrate justice (Economic Insurance Co., Inc. vs. Uy Realty Co., 34 SCRA 745);

2. Filing of multiple or repetitious petitions which obviously delay the execution of a final and executory judgment (Gabriel vs. CA, 72 SCRA 273);

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3. Filing of several actions covering the same subject matter or seeking substantially identical relief (Macias vs. Uy Kim, 45 SCRA 251) or what is otherwise known as forum shopping;

4. Filing of frivolous appeals for purposes of delay;

2. Filing of motions for postponement and other kinds of motion for dilatory purposes;

6. Indiscriminate filing of suits against a party clearly intended for harassment. ( Dimagiba14 vs. Montalvo, Jr., 202 SCRA 641).

Q - What is the duty of a lawyer in matters of settlement of cases and why?

-A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. The reason is that, it will save the client from additional expenses and help prevent the clogging of court docket. (Pajares vs. Abad Santos, 30 SCRA 748).

Q - After the rendition of final and executory judgment in an unlawful detainer case, a lawyer attempted to nullify the decision of the MTC, Manila. Is the act of the lawyer proper? Why?

-No, because the act evinced a deliberate intent to prolong and delay the inevitable execution of a final decision. A lawyer's oath is a solemn agreement in dedicating oneself to the pursuit of justice, not mere fictive of words, drift and hallow, but sacred trust. In so doing, the lawyer violated his duty not to encourage any suit or proceeding or delay a man's cause for corrupt motive or interest. (Masinsin, et al. vs. Hon. Ed Vincent S. Albano, et al., G.R. No. 86421, May 31, 1994, 51 SCAD 476).

Q - What should a lawyer do if he cannot accept a case?

- If for valid reasons, a lawyer cannot accept a case, he should instead give immediate legal advice. He should not refuse to provide legal advice. He can even refer the case to another lawyer who can provide prompt assistance.

Q - What are some of the characteristics of the legal profession which distinguish it from business?

They are:

1. A duty of public service of which the emolument is a by-product, and in which one may attain the highest eminence

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without making much money;

2.A relation as an officer of court to the administration of justice involving thorough sincerity, integrity and reliability;

3. A relation to clients in the highest degree of fiduciary; and 4.A relation to colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with their clients. (In re: Sycip, 92 SCRA 1).

Q - Explain the principle that the practice of law is a profession and not a moneymaking trade.

- The rule is so, because in the fixing of attorney's fees, it must not be forgotten that the profession is a branch of the administration of justice and not a mere moneymaking trade. (Jayme vs. Bualan, 58 Phil. 422). It is not a business but a profession. (In re: Tagorda, 53 Phil. 37). Counsel of repute and of eminence welcome opportunities to be appointed counsel de oficio for this makes manifest the principle that the practice of law is dedicated to the ideal of service and not a mere trade. (Ledesma vs. Climaco, 57 SCRA 473).

Q - A lawyer published in a newspaper that marriage license may be promptly secured through his assistance and the annoyance of delay or publicity is avoided if desired and marriage arranged to the wishes of the parties. Was the act proper? Why?

-No, the advertisement was a flagrant violation of the ethics of his profession it being a brazen solicitation of business from the public.

It is highly unethical for an attorney to advertise his talents or skills as a merchant advertises his wares. Law is a profession and not a trade. The lawyer degrades himself and his profession who stoops to and adopts the practice of mercantilism by advertising his services or offering them to the public. (Director of Religious Affairs vs. Bayot, 74 Phil. 579).

Q - What is the best form of advertisement of a lawyer?

-The most worthy and effective advertisement possible even for a lawyer is the establishment of a well merited reputation for professional capacity and fidelity to trust. This cannot be forced but must be the outcome of character and conduct. (Director of Religious Affairs vs. Bayot, 74 Phil. 579).

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Q - When may a lawyer make a publication or advertisement in newspapers, etc.?

-A lawyer may make certain publications or advertisements in newspapers, or periodicals or magazines about the opening of a law office, stating the names of the lawyers and the address of the office or the firm. Publication in reputable law lists, in a manner consistent with the standards of conduct imposed by the canon, of brief biographical or informative data is allowable. (Ulep vs. The Legal Aid Clinic, Inc., Bar Matter No. 553, June 17, 1993).

Q - What should a law firm do if a partner has already died? Explain.

-If a partner died, the name of the deceased may still be used by the firm, provided, that there is an indication that said partner is already dead and the date or year of his death. The purpose is to avoid the tendency of improperly exploiting its advertising value. (In the matter of the Petition for Authority to Continue Use of the Firm Name Ozaeta, Romulo, De Leon, Mabanta and Reyes, 92 SCRA 1).

Q - May a lawyer who attempts to engage in opium deal be disciplined? Why?

-Yes, because he may not only be removed for malpractice and dishonesty in his profession, but also for gross misconduct not related to his professional duties which show him to be an unfit and unworthy lawyer. The courts are not curators of morals of the bar. At the same time, the profession is not compelled to harbor all persons whatever their character, who are fortunate enough to keep out of prison. A good character is an essential qualification for admission of an attorney to practice, when the attorney's character is bad in such respects as to show that he is unsafe and unfit to be entrusted with the powers of an attorney, the courts retain the power to discipline him x x x. Of all classes and professions, the lawyer is most sacredly bound to uphold the law. (Piatt vs. Abordo, 58 Phil. 350; Co vs. Atty. Bernardino, A.C. No. 3919, Jan. 28, 1998, 90 SCAD 750).

THE LAWYER AND THE LEGAL PROFESSION