IMPORTANCE OF LEGAL ETHICS highest standard and moral should be maintained ensured existence of legal profession PRIMARY CHARACTERISTICS

CS OF LEGAL PROFESSION 1) Candor, fair to colleagues 2) Duty of service, emoluments is the byproduct 3) Fiduciary relation to clients 4) Lawyer is an office of the court Corporation cannot practice law, only natural persons who are lawyer

- Sec. 21(B), Rule 130 III. Legislation - Art. 1491 (5), Civil Code) CODE OF PROFESSIONAL RESPONSIBILITY Chapter 1: Lawyer and Society Canon 1 Lawyers oath capsule form contains required legal standards for lawyers 1. not to undue delay a case 2. delay no man for money or malice 3. do no falsehood discouraging lawsuit ADR Unprofessional Acts 1. volunteering advice to bring lawsuit 2. hunting up defects; seeking claims for injuries 3. employing agents or runners 4. paying reward to those who influence the case 5. searching for unknown heirs and soliciting their employment Duties of a lawyer inter alia 1. uphold the constitution and obey the laws 2. not to engage in unlawful conduct 3. not to engage illegal activities 4. not to encourage law suits 5. to encourage amicable settlement Barratry inciting and stirring up quarrels and suits Ambulance Chaser chasing victims of an accident to file a case against the person who caused the accident Canon 2 Legal service available in an efficient and convenient manner 2.1 shall not reject except for valid reason - Incompetent - Conflict of interest between prospective client

SOURCES OF LEGAL ETHICS I. CONSTITUTION II. LEGISLATION III. RULES OF COURT I. CONSTITUTION - Art. VIII, Sec. 5 (5) constitutional rights protection and enforcement pleadings, practice, procedure and admission to practice IBP legal assistance to underprivileged - Art. VI, Sec. 14 House of reps cannot appear personally as counsel before: - Any court of justice - Electoral tribunals - Quasi-judicial and other administrative bodies CASE: Puyat vs De Guzman - Art. VII, Sec. 13 Pres., VP, members of the Cabinet, Deputies and Assistants cannot hold other office unless Constitution so provides, cant practice profession, participate in business - Art. IX-A, Sec. 2 members of the Constitutional Commission - Art. XI, Sec. 8 Ombudsman and his deputies II. Rules of Court - Sec. 7, Rule 85 executor or prosecutor is an attorney cannot exchange his professional fee from the estate of the client

him

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Not Practicing Lawyer 1. Govt. employees and incumbent elective officials 2. Lawyers not allowed by law to appear in court 3. Supervising lawyer of students 4. Lawyers not covered under 1-3

Free legal aid services minimum of 60 hrs - 4000K if failed to comply without satisfactory explanation - Not in good standing and not allowed to appear in court for 3 mos - Not complying for 3 yrs is subject to disciplinary proceedings and may be suspended from practice for 1 yr 2.2 immediate legal advice 2.3 not charge rate lower from the prescribed rates Canon 3 Advertising Use of Law firms name Canon 4 Lawyer participate in development of the legal system Canon 5 MCLE 36 hrs per 3 yrs - Purpose: keep abreast with law and jurisprudence - Maintain ethics of the profession - Enhance practice of law non-compliance become a delinquent members by the IBP Bar Matter No. 1922, June 3,2008 indicate in all pleadings the number and date of issue of their MCLE Certificate of Compliance or Certificate of Exemption non-compliance lead to dismissal of the case and the expunctuation of the pleadings from the record Canon 6 Lawyers in govt. service judges governed by Code of Judicial Conduct RA 6713 Code of Conduct and Ethical Standards for Public Officials and Employees RA 3019 Anti-Graft and Practice Act 6.1 Fiscal not to convict but to see that justice is done preliminary investigation : prove that there is a probable problem cause if case has already filed file a motion before the court for the dismissal of the action Appeal case: recommend before CA the acquittal of the accused

6.2 Lawyer in govt. service shall not use his position to advance or promote his private interest nor allow to interfere his public duties not disciple as member of Bar but as a govt. official unless misconduct affects the character of his disqualification 6.3 PCGG vs Sandiganbayan Revolving door phenomena enter govt. service and goes out and use what he learn against the govt. Canon 7 upholds integrity and dignity of the profession and support IBP activities 7.1 misrepresentation appears to be something which is not concealment not telling and suppressing the truth 7.2 not to support application for admission to the bar of the person known to be unqualified IBP Canon 8 courtesy, fairness and candor towards his colleagues and avoid tactics harassing opposing counsel 8.1 not use language abusive, offensive or improper 8.2 not to encroach to the professional employment of another lawyer Canon 9 not assist unauthorized practice of law 9.1 not to delegate to any unqualified person the task which by law may be performed only by members of the bar 9.2 not divide or stipulate a fee for legal service with person not licensed to practice exceptions: - Pre-existing agreement that upon death, money shall be paid over to reasonable period time to

his estate or to persons specified in the agreement Undertakes to complete unfinish legal business of a deceased lawyer Includes non-lawyer employees in a retirement plan