CANON 1 1. What are the duties of an attorney?

Rule 138, Section 20 enumerates the duties of an attorney, to wit: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; (b) To observe and maintain the respect due to the courts of justice and judicial officers; (c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; (e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; (g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; and (i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. 2. Why is an attorney considered an officer of the court? An attorney is considered an officer of the court because he has the duty to correctly inform the Court upon the law and the facts of a case and to assist it in administering impartial justice and arriving at a correct conclusion. It is under this characterization that an attorney is subject to the disciplinary authority of the Court and to its orders and directives with respect to his relation to the court as well as to his client. 3. Being a lawyer and/or member of the Bar, an exceptional privilege worth aspiring for although it entails a lot of responsibilities and obligations (a) to the Court; (b) to fellow lawyers; (c) to the clients; and lastly (d) to the public general. Briefly discuss these obligations and responsibilities. a. In sum, a lawyer has the obligation and responsibility to observe utmost loyalty and respect to the Court, he being an officer thereof. A lawyer must always take into account that the primary aim of the profession is to assist in the speedy and efficient administration of justice. b. Being the dignified profession that it is, the lawyer are duty-bound to maintain such high esteem for his colleagues. If every lawyer is indeed tasked to provide true and efficient justice, then he must likewise be under the compulsion, if not natural and incidental duty, to respect the people that he will work with in the attainment of the goals of justice. c. A lawyer owes loyalty to the courts as well as to his clients. In representing a particular party, a lawyer must ensure that he performs his task with great candor, diligence, and zeal. It must also be

remembered that the duty of a lawyer to help and administer justice and equity extends with open arms to the needy. d. Being an officer of the court, it is the duty of lawyers to educate the public with regard to legal developments and issues that concern them. Lawyers must act as agents of the Courts in extending its knowledge and services to the masses. Furthermore, it is also the responsibility of a lawyer to safeguard and defend the rights of the general public whenever the same is in danger of being transgressed. 4. Discuss briefly the duties of a lawyer to: (a) his client; (b) the Court; (c) his colleagues; (d) the community. [see answers to question no. 3 under Canon 1] 5. a. State what Legal Ethics is; its importance; and necessity. b. Explain the nature of the relation between attorney and client, and how said relation is created and governed. a. According to Justice Moran, legal ethics is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the Bar. Its importance and necessity lies in the fact that lawyers are obliged to accord continuing fidelity to the ideals of the law profession. Hence, the fulfillment of this obligation requires that professional standards be constantly inculcated among lawyers and that rules of ethics are collated into a body of principles that will serve as an attorneys manual in everyday life. b. The relation of attorney and client is strictly personal and highly confidential and fiduciary. An attorney-client relationship is created from the time of retainer. There must be a contract of employment that should govern the parties, whether express or implied. The said relation is governed by strict recognition and enforcement of the rules protecting the same. 6. Define legal ethics. Enumerate its principal sources. According to Justice Moran, legal ethics is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the Bar. The principal sources of legal ethics are the pertinent provisions of the Rules of Court, related laws, controlling jurisprudence, the Code of Professional Responsibility, the Canons of Professional Ethics, applicable doctrines, and writings of legal scholars on the subject. 7. State in substance the lawyers oath of office. The Lawyers Oath provides: I, _______________ of _______________, 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 wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the Court as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.

8. What is your understanding of that part of the lawyers oath which states, I will delay no man for money? The phrase I will delay no man for money means that a lawyer has to continuously serve his client and defend his cause, within the bounds of law, regardless of the latters financial means. A lawyer is not justified in engaging in any attempt to impede a favorable execution or judgment simply because his client has not yet fulfilled his monetary obligations to him. A lawyer must remember that his primary obligation is towards the administration of justice, not earning a profit. 9. Atty. X prepared and later acknowledged as a Notary Public, a document which stipulated among others, that the contracting parties, husband and wife, authorize each other to remarry and fully renounce whatever right of action one may take against the party to marrying. Atty. X strongly represented to the parties that they were free to marry, on the basis of which representation the husband remarried. Can Atty. X be disbarred? Reason. Yes, Atty. X may be disbarred. Atty. X deliberately prepared, notarized, and promoted an instrument designed to commit a crime, which in this case is bigamy. Canon 1 states that a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. Thus, Atty. X exhibited conduct which is highly unbecoming of a member of the law profession. 10. State the four-fold duties of a lawyer. The four-fold duties of a lawyer are as follows: (a) to the society; (b) to the legal profession; (c) to the Courts; and (d) to the clients. 11. What is considered the first and foremost duty of a lawyer? Explain. The first and foremost duty of a lawyer is to obey the law. The very first canon in the Code of Professional Responsibility dictates that a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. This shows that above everything else, it is the duty of a lawyer to defend and observe the law which serves as the backbone of his esteemed profession. 12. Under the Code of Professional Responsibility, what is the principal obligation of a lawyer towards: a. the legal profession and the Integrated Bar? b. his professional colleagues? c. the development of the legal system? d. the administration of justice? e. his client? a. Canon 7 states that a lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. b. Canon 8 states that a lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel. c. Canon 4 states that 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. d. Canon 12 states that a lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.

e. Canon 17 states that a lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. 13. State the significance of the lawyers oath. What, in effect, does a lawyer represent to a client when he accepts a professional employment for his services? The Lawyers Oath is in effect a summary of the collective duties of an attorney. It reminds all lawyers of their purpose and directly inculcates unto them the tenets upon which they shall pattern their everyday life and conduct. When a lawyer accepts professional employment for his services, he represents to his client that he shall represent him with full zeal and diligence. 14. Section 20, Rule 138 of the Rules of Court enumerates nine (9) duties of attorneys. Give at least three (3) of them. [see answers to question no. 1 under Canon 1]

15. John Doe, former utility man in the Supreme Court and Deo Cruz were criminally prosecuted in connection with the bar examination irregularities which misled the Supreme Court into admitting Deo Cruz to the bar. John Doe pleaded guilty upon being arraigned and was thereafter accordingly sentenced. Deo Cruz, on the other hand, entered trial and was thereafter acquitted, his guilt not having been proved beyond reasonable doubt. Subsequently, disbarment proceedings were instituted against Cruz on the basis of his participation in the said irregularities. What is the effect of his acquittal in the criminal case on the disbarment proceedings against him? Discuss. The acquittal of Cruz in the criminal case is immaterial. The disbarment case against him may proceed notwithstanding the acquittal. Administrative cases against lawyers are sui generis. They may proceed independently of civil and criminal cases. Besides, the Supreme Court, in disbarment proceedings, acts in an entirely different capacity from that which courts assume in trying criminal and civil cases. 16. a. A lawyer was apprehended with 200 cartons of untaxed and smuggled blue seal cigarettes merely to accommodate a friend. Proceedings to disbar him are commenced, and he defends himself with the plea that his act of transporting the blue seal untaxed and smuggled cigarettes had no relation to the practice of law, and that he cannot therefore be disbarred for that reason. Resolve the issue, giving your reasons. b. Atty. X, barely 22 years old, and just beginning his practice of law, to accommodate Atty. Z, an old legal practitioner in whose law office X was accepted as an associate, and out of respect and gratitude to his benefactor Z, ratified in his capacity as notary public a document personally prepared by Z, in which the latter and Y agreed to live together as husband and wife without benefit of marriage, and either or both of them may marry after one year should the opportunity arise. May Attorneys X and Z be disbarred for their respective acts? a. The contention of the lawyer is untenable. An attorney may be disciplined by the Supreme Court for gross misconduct not related to his professional duties which show him to be unfit and unworthy to remain a member of the Bar. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or transactions. A lawyer cannot be an attorney at one time and an ordinary private citizen at another.

b. No, Attys. X and Z may not be disbarred. The agreement of Y and Atty. Z as notarized by Atty. X is not illegal or immoral per se. The law does not proscribe live-in relationships, provided that neither party involved therein is married to another. 17. A, a practicing attorney, was convicted of falsification of public documents. He served a part of his sentence. He was, however, subsequently granted absolute pardon by the President of the Philippines. May A be thereafter disbarred? Reasons. Yes, Atty. A may be thereafter disbarred. The Presidents grant of absolute pardon is of no moment. Administrative cases against lawyers are sui generis. They may proceed independently of civil and criminal cases. Besides, the Supreme Court, in disbarment proceedings, acts in an entirely different capacity from that which courts assume in trying criminal and civil cases. 18. Atty. John Doe is also the manager of the real estate department of a company engaged in real estate brokerage. Atty. John Doe facilitated the sale of a real property as being owned by one person, knowing that there is another co-owner. He did this by preparing a deed of selfadjudication for the wife of the deceased, alleging sole heirship, thus was able to secure the corresponding certificate of title to the land in the widows sole name and subsequently sold and transferred to a buyer. Atty. John Doe was thus able to consummate the sale and collected his real estate brokers commission and attorneys fees. The buyer and now owner, together with the widow, was then sued by the father of the deceased husband, claiming ownership over of the subject real estate. These acts then gave rise to the proceedings for disbarment against Atty. John Doe, He however claimed in his defense, among others, that this transaction was entered into by him in his capacity as a real estate broker and not as a lawyer, wanting to show that this fault on his part if any, occurred in his private dealings as a broker and not as a practicing lawyer, and therefore should not be a ground for disbarment. How will you decide this case? Reasons. The contention of Atty. John Doe is untenable. An attorney may be disciplined by the Supreme Court for unlawful conduct not related to his professional duties which show him to be unfit and unworthy to remain a member of the Bar. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or transactions. A lawyer cannot be an attorney at one time and an ordinary private citizen at another. 19. Lawyer A, while a bachelor, cohabited with B, a married woman whose husband is living with another woman. When A married C, B filed a complaint for disbarment against him for immorality. Will the complaint prosper? Reasons. The complaint will not prosper. Although there is a valid ground for the complaint to prosper, it is likewise required that the complainant is in legal standing to commence the case. B herself is guilty of adultery. He/she who comes to court must come with clean hands. 20. What is the significance in the practice of law of the quotation: Non omne quod licet honestum est (Not everything that is permitted is honorable). Explain. Lawyers, being members of a very noble profession, are obliged to constantly act in accordance with rules and regulations, as well as established principles of morality and public policy. Hence, the mere fact that the law permits something does not necessarily mean that a lawyer may do it. A lawyer must continuously prove that he is honorable enough to continue in the practice of law. 21. In what ways have the Supreme Court and the Integrated Bar of the Philippines maintained a high moral standard for the legal profession? Discuss fully your answer.

The Supreme Court has maintained high moral standards for the legal profession through the promulgation of the Code of Professional Responsibilities, Code of Judicial Conduct, Canons of Professional Ethics, and other Supreme Court circulars. Together with the Integrated Bar of the Philippines, it has maintained the said high moral standards by the fearless discipline of erring attorneys, judges, and even justices. These acts, taken together with the constant efforts of the two bodies to improve the legal ethics system, have helped in preserving the high esteem of the public towards the legal profession. 22. X is a lawyer and a Notary Public. On April 5, 1960, Y, an officemate and friend presented to him for notarization a duly prepared and typed deed of sale of his car. The acknowledgment clause recited that both the vendee and the vendor personally appeared before him. X notarized the same notwithstanding the fact that the vendee and his witnesses were not present. Subsequently, the alleged vendee, taking advantage of the notarized deed of sale, stole the car, registered it in his name and sold the same to a third person. When Y told X that the car was stolen, X annotated in the Notarial Book the remarks, Stolen and cancelled. Can X be disbarred? Reason. Yes, Atty. X can be disbarred. Canon 1 of the Code of Professional Responsibility provides that a lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes. Additionally, Rule 1.01 of the same code states that a lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. In the present problem, Atty. X knowingly consented to the commission of an illegal act by notarizing a document notwithstanding the absence of the vendee and the witnesses. The required personal appearance is not a mere surplusage. It is intended to safeguard the rights of the parties to the instrument and the general public which will be affected by the notarization. Hence, Atty. X showed gross misconduct unbecoming of a lawyer. 23. Atty. X brought A, single and a public school teacher, to the Paradise Motel and had carnal knowledge of her on the promise of marriage. Atty. X, however, had no intention of marrying A. For this reason, A filed a complaint for disbarment against X on the ground of gross immorality and misconduct. Atty. X proved at the hearing that A voluntarily submitted to him and that the act complained of does not constitute a ground for disbarment or suspension under the Rules of Court. May he be disbarred? Discuss. No, Atty. X may not be disbarred. In the case of Figueroa vs. Barranco, the claim of the complainant that she gave in to the sexual advances of the lawyer because of promises of marriage was not given credence by the Supreme Court because she was already an adult who voluntarily and actively pursued their relationship and was not an innocent young girl who could be easily led astray. In the present case, A is a public school teacher, a fact indicative that she possesses high degree of intellect and discretion. Besides, it has been repeatedly held that pre-marital indiscretion is not necessarily punishable. 24. What constitutes malpractice? Explain. Malpractice is a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one rendering a professional services which results in injury, loss, or damage. Thus, all violations of the laws and regulations governing legal ethics may be considered as a form of malpractice; provided, however, that an injury, loss, or damage results therefrom. 25. What is legal is moral. Comment on the correctness or incorrectness of this proposition. The proposition is incorrect. Legality and morality are two different animals. When we say that something is legal, it means that it derives its authority from or founded on law. On the other hand, when

we say that something is moral, it relates to principles of right and wrong and it is sanctioned by or operative on ones conscience or ethical judgment. Thus, there are things that may be considered as legal but may seem to be immoral to others, as the perception of morality is relatively different in every person. 26. Upon learning from newspaper reports that bar candidate Vic Pugote passed the bar examinations, Miss Adorable immediately lodged a complaint with the Supreme Court, praying that Vic Pugote be disallowed from taking the oath as a member of the Philippine Bar because he was maintaining illicit sexual relations with several women other than his lawfully wedded spouse. However, from unexplained reasons, he succeeded to take his oath as a lawyer. Later, when confronted with Miss Adorables complaint formally, Pugote moved for its dismissal on the ground that it is already moot and academic. Should Miss Adorables complaint be dismissed or not? Explain briefly. No, the complaint should not be dismissed. The Supreme Court may exercise its disciplinary powers over lawyers at all instances whenever there is a valid ground existing therefor. Hence, even if the complaint appears to be moot and academic due to Pugotes successful oath-taking, the Supreme Court, in its discretion, may pursue the same and treat it as an ordinary administrative complaint. 27. Alleging that Atty. Malibu seduced her when she was only 16 years old, which resulted in her pregnancy and the birth of a baby girl, Miss Magayon filed a complaint for his disbarment 7 years after the alleged seduction was committed. Atty. Malibu contended that, considering the period of delay, the complaint filed against him can no longer be entertained much less prosecuted because the alleged offense has already prescribed. Is Atty. Malibus contention tenable or not? Reason briefly. Atty. Malibus contention is not tenable. The Supreme Court, in its discretion, may pursue with the administrative complaint because it is its duty to maintain confidence in the legal system and profession. Atty. Malibus acts clearly exemplify conduct unbecoming of a lawyer. Thus, likewise considering that Miss Magayon was still a minor when the incident took place, the case should proceed against Atty. Malibu. 28. Atty. Walasunto has been a member of the Philippine Bar for twenty (20) years but has never plied his profession as a lawyer. His sole means of livelihood is selling and buying real estate. In one of his transactions as a real estate broker, he issued a bouncing check. He was criminally prosecuted and subsequently convicted for violating B.P. Blg. 22. In the disbarment proceedings filed against him, Atty. Walasunto contended that his conviction for violation of B.P. Blg. 22 was not a valid ground for disciplinary action against a member of the bar. He further argued that his act in issuing the check was done in relation to his calling as a real estate broker and not in relation to the exercise of the profession of a lawyer. Are the contentions of Atty. Walasunto meritorious or not? Reason. The contentions of Atty. Walasunto are untenable. In the case of Lao vs. Medel, the Supreme Court reasoned out that the issuance of worthless checks is gross misconduct in view of its deleterious effects to the public interest and public order. Moreover, an attorney may be disciplined by the Supreme Court for gross misconduct not related to his professional duties which show him to be unfit and unworthy to remain a member of the Bar. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or transactions. A lawyer cannot be an attorney at one time and an ordinary private citizen at another.

29. Atty. N had an extramarital affair with O, a married woman, as a result of which they begot a child, P. Atty. N admitted paternity of the child P and undertook to support him. On the basis of this admission, Is Atty. N subject to disciplinary action by the Supreme Court? Why? Yes, Atty. N is still subject to disciplinary action. Sexual relations outside marriage are considered disgraceful and immoral as it manifests deliberate disregard of the sanctity of marriage and marital vows protected by the Constitution. In the present case, Atty. Ns affair with O was extramarital. Hence, Atty. N violated Canon 1 and Rule 1.01 of the Code of Professional Responsibility. 30. Atty. BB borrowed P30,000.00 from EG to be paid in six months. Despite reminders from EG, Atty. BB failed to pay the loan on its due date. Instead of suing in court, EG lodged with an IBP chapter a complaint for failure to pay a just debt against Atty. BB. The chapter secretary endorsed the matter to the Commission on Bar Discipline (CBD). A commissioner of the CBD issued an order directing Atty. BB to answer the complaint against him but the latter ignored the order. Another order was issued for the parties to appear before the Commissioner at a certain date and time but only EG showed up. A third order submitting the case for resolution was likewise ignored by Atty. BB. a. May disciplinary action be taken against Atty. BB for his failure to pay the loan? b. Was Atty. BB justified in ignoring the orders of the Commission on the ground that the Commission had no power to discipline him for acts done in his private capacity? Why? a. No, Atty. BB may not be administratively dealt with because of failure to pay a loan. EGs remedy is to file the case for collection of sum of money in the trial court. There was no continued and unjustified refusal to pay which would warrant the filing of the case before the CBD. b. No, Atty. BB was not justified in ignoring the lawful orders of the CBD. There is no distinction as to whether the transgression is committed in the lawyers professional capacity or in his private life or transactions. If Atty. BB was of the belief that the CBD had no power to discipline him regarding the matter, then he should have questioned the jurisdiction of the CBD. He did not do so. 31. Atty. A is an incorrigible gambler. He borrowed money left and right and was eventually sued for payment of debts. In the Supreme Court, he moved to dismiss the disbarment case against him reasoning that his unpaid debts and collection suits against him are not legally valid grounds to discipline him. Explain. Atty. As arguments are erroneous. Continued and unjustified refusal to pay is considered as gross misconduct. In the present case, Atty. A, being the incorrigible gambler that he is, constantly borrowed money which ultimately led to the filing of the present case. Hence, the totality of facts suggest that there are valid grounds to discipline Atty. A. 32. X, a member of the Bar, was charged with and found guilty of estafa for which he was sentenced to suffer imprisonment and to indemnify the offended party for the amount involved. Not having taken an appeal from the judgment of conviction, upon finality thereof he was taken into custody to serve sentence. A month after he was incarcerated, he was granted pardon by the Chief Executive on condition that he would not commit another offense during the unserved portion of his prison sentence. Soon after Xs release from custody after being pardoned, the offended party in the criminal case filed a Complaint for disbarment against X in the Supreme Court. X set up the defense that having been pardoned by the Chief Executive for which reason he was released from imprisonment, he may not be disbarred from the practice of law anymore. Is Xs contention tenable?

No, Atty. Xs contention is untenable. The Presidents grant of pardon is of no moment. Administrative cases against lawyers are sui generis. They may proceed independently of civil and criminal cases. Besides, the Supreme Court, in disbarment proceedings, acts in an entirely different capacity from that which courts assume in trying criminal and civil cases. 33. Ben filed proceedings for disbarment against his lawyer, Atty. Co, following the latters conviction for estafa for misappropriating funds belonging to his client (Ben). While the proceedings for disbarment were pending, the President granted absolute pardon in favor of Atty. Co. Atty. Co, then, moved for dismissal of the disbarment case. Should the motion be granted? The motion should not be granted. The Presidents grant of absolute pardon is of no moment. Administrative cases against lawyers are sui generis. They may proceed independently of civil and criminal cases. Besides, the Supreme Court, in disbarment proceedings, acts in an entirely different capacity from that which courts assume in trying criminal and civil cases. 34. Atty. Asilo, a lawyer and a notary public, notarized a document already prepared by spouses Roger and Luisa when they approached him. It is stated in the document that Roger and Luisa formally agreed to live separately from each other and either one can have a live-in partner with full consent of the other. What is the liability of Atty. Asilo, if any? Atty. Asilo violated Rule 1.02 of the Code of Professional Responsibility. The said rule states that a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Notarizing a document which clearly seeks to violate law, public policy, and good morals is a clear transgression of the rule. It lessens the confidence in the legal system because parties would rather do the same act instead of filing the proper remedy in court if the circumstances come up. 35. a. What does the statement, I will delay no man for money x x x, in the Lawyers Oath mean? Discuss briefly. b. Atty. A withdraws as counsel for his client B in the course of the trial of the latters case because B failed to pay him the stipulated fee of P100 per day of actual appearance and attendance in court. Is this delaying the man (client) for money? Is the withdrawal of A as counsel ethical? Discuss, giving reasons. a. The phrase I will delay no man for money means that a lawyer has to continuously serve his client and defend his cause, within the bounds of law, regardless of the latters financial means. A lawyer is not justified in engaging in any attempt to impede a favorable execution or judgment simply because his client has not yet fulfilled his monetary obligations to him. A lawyer must remember that his primary obligation is towards the administration of justice, not earning a profit. b. Yes, this is delaying the man for money. It is the duty of a lawyer to represent a client and defend his cause, within the bounds of law, regardless of the latters financial means. It follows then that Atty. As withdrawal was unethical since the same is in direct violation of Rules 1.03 and 22.01 and the Lawyers Oath. The client neither deliberately failed to pay the fees for the services nor failed to comply with the retainer agreement. 36. Distinguish barratry from ambulance chasing. Barratry is the offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise. On the other hand, ambulance chasing is the popular name for the solicitation of negligence cases for an attorney; one seeking out persons and directing them to an attorney in consideration of a percentage of the recovery. Hence, barratry is committed before the quarrels or suit, whereas ambulance

chasing is committed afterwards. Moreover, barratry directly creates the quarrels and suits, whereas ambulance chasing merely takes advantage of an already existing quarrel or suit. 37. A and B, brothers of full blood, have a serious controversy over a parcel of land left by their deceased parents. Atty. X, their first cousin, advised them to partition the property equally between them. A, however, demanded 2/3 of the property to which B was not agreeable. To avert any untoward incident between his cousins, X advised B to go to court. B went to court as advised. A filed an administrative complaint in violation of Canon No. 28 of the Canons of Professional Ethics. Will the complaint against Atty. X prosper? Explain your answer. The administrative complaint will not prosper. Canon 28 of the Canons of Professional Ethics state in part that, it is unprofessional for a lawyer to volunteer advice to bring a lawsuit, except in rare cases where ties of blood, relationship or trust make it his duty to do so. In the present case, it is apparent that Atty. X tried to settle the controversy between his cousins amicably. The same did not just prosper because of their inability to meet at a common point. Thus, Atty. X was constrained to recommend the filing of a suit in order to avoid any untoward incident between A and B. 38. Atty. Cruz appeared in a case for his client, the plaintiff, who was trying to collect the sum of P100,000.00 as per promissory note, against the defendant. During the trial, the defendant offered the sum of P70,000.00 as complete settlement of the case, alleging that he had to sell his house to raise that money. Atty. Cruz, believing that he should protect the interest of his client, who is absent, and concluding that his client could no longer get anything more from the defendant, accepted the offer of payment and signed the prepared compromise agreement. Did Atty. Cruz act correctly? Reason. Atty. Cruz acted incorrectly. According to the case of Melendrez vs. Decena, lawyers cannot, without special authority, compromise their clients litigation or receive anything in discharge of a clients claim, but the full amount in cash. In the instant case, there was neither a special authority from the client nor a full amount, considering that the amount offered by the defendant as complete settlement of the case was deficient by P30,000.00. 39. A lawyer was driving home his car from his law office along Recto Avenue. He noticed a commotion in front of Maxim Theatre. He stopped and got off his car, and he found out that there was a collision between two cars resulting in damages to both. There was a heated argument going on between the parties as to who was at fault. So he identified himself as a practicing lawyer, and volunteered to amicably settle the case to the satisfaction of both parties and invited them to his law office. Has he committed any infraction of professional ethics? The lawyer did not commit any infraction. The lawyer only settled the controversy between the parties. In the absence of any showing that the lawyer obtained fees for his services, he will not violate Rule 2.03 of the Code of Professional Responsibility. 40. In a pending case before a trial court for several years, defendant, then a minor, was represented by lawyer X who was selected by defendants mother. When defendant reached 23 years of age, he secured a lawyer, Y, of his own choice, and together with the plaintiff, who was also assisted by his own counsel, they submitted a compromise agreement to the Court for approval, which was not contrary to law, morals, public order, or public policy. Lawyer X submitted to the Court a motion and manifestation asking that action on the compromise agreement be held in abeyance until such time as evidence is received on the amount of attorneys fees owing to him. Is the claim of lawyer X for attorneys fees a valid ground for holding in abeyance approval of the compromise agreement entered into by a client and his adversary?

10

The claim of Atty. X is misplaced. Rule 1.03 states that a lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any mans cause. What Atty. X should have done is to allow the compromise agreement to push through and to claim his attorneys fees afterwards in the form of a lien on the judgment.

CANON 2 1. Why is law a profession and not a trade? The practice of law is a profession in which duty to public service, not money, is the primary consideration. Thus, it is not a trade or business. Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a capital that necessarily yields profit. Livelihood, a necessary characteristic of trade, should be a secondary consideration. 2. a. Discuss briefly but comprehensively the nature of the profession of law. b. Atty. S caused the publication of the following announcements in a metropolitan daily: Attorney S wishes to announce the opening of his law office in partnership with Attorney M located at rooms 404-406, Progress Hotel, in downtown Manila. All kinds of cases accepted. Free service to the poor. Did Attorney S violate professional ethics? Reason. What about Attorney M, is he guilty of any violation? Reasons. a. The profession of law is one of the most noble profession. It is a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character. Its basic goal is to render public service in the form of administration of justice and defending a clients cause within the bounds allowed by law. 3. Manuel Akyat, a member of the bar, caused to be inserted under the paid column of the leading metropolitan dailies, once a month from October 1, 1967 to October 1, 1968, the following: MANUEL AKYAT, Ll.B., Ll. M. D.C.L., Attorney and Counselor-at-law. Specialty: Bribery cases. Law office: 105 Escolta, Manila, Tels. 4-96-75 to 4-96-80. Branches in the cities of Bacolod, Cebu and Davao. Is this malpractice? Explain. The advertisement constitutes malpractice. Rule 2.03 of the Code of Professional Responsibility states that a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. The inclusion of Atty. Akyats specialty, together with an indication of the location of his several law offices is indicative of the fact that the purpose of the advertisement is to solicit legal business primarily dealing with bribery issues. The advertisement, altogether, does not mean the standards set forth in the case of Ulep vs. Legal Clinic, Inc.. 4. Is the practice of law a business?

11

[see answers to question no. 1 under Canon 2] 5. How would you explain the generally accepted precept that the practice of law is a profession and not a business? [see answers to question no. 3 under Canon 1] 6. Explain the axiom The practice of law is a noble profession, not a business. [see answers to question no. 3 under Canon 1] 7. Immediately after a mine explosion, an attorney in behalf of a law firm went at once at the scene of the disaster. In competition with the other lawyers, he personally solicited the disaster victims and their kins to put up their claim through his law firm on the basis of a contingent fee. Is the conduct of the lawyer proper? Why? The conduct of the lawyer is manifestly improper. Rule 2.03 of the Code of Professional Responsibility states that a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. In the present case, he literally solicited employment in behalf of the law office he represents. This is emphasized further by the fact that he saw competition due to the p resence of other lawyers in the scene of the mine explosion. 8. May a lawyer advertise his profession? Explain. Yes. The solicitation of legal business is not altogether proscribed. For solicitation to be proper, it must be compatible with the dignity of the legal profession. If it is made in a modest and decorous manner, it would bring no injury to the lawyer and to the Bar. It must be noted, however, that good reputation remains to be the best form of advertisement for lawyers. 9. A new lawyer has a political ambition to become a governor of his province. So he put up a big sign board at his law office with these inscriptions Atty. X, practicing lawyer and notary public. Specializing in criminal law at a nominal fee. Prepares and notarizes legal papers and conveyances free of charge. Has he committed any infraction of Professional Ethics? Atty. X has clearly committed an infraction of professional ethics. Rule 2.03 of the Code of Professional Responsibility states that a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. In the instant case, even if the primary motive of Atty. X is to promote himself as a politician, it cannot be denied that his profession as a lawyer is likewise benefited by the undignified solicitation of legal business. His averments that he (a) specializes in criminal law at a nominal fee; and (b) prepares and notarizes legal papers and conveyances free of charge, are clear violations of the standards set forth in the case of Ulep vs. Legal Clinic, Inc.. 10. The X Chapter of the Integrated Bar of the Philippines renders legal assistance throug h its members, free of charge, to any person who is without means to enforce or defend a right. Any such person may call at the Chapter Office at (address) during office hours for consultation. a. If a notice as written above were to be posted in a conspicuous place for the general public to see, would such posting constitute solicitation? Defend your answer. b. Suppose that in the above notice the reference to IBP is deleted. Instead, the name of a particular lawyer is what appears. Would it make a difference to your previous answer?

12

a. Such posting would not constitute solicitation. The Integrated Bar of the Philippines (IBP), in its aim to provide legal needs to the public and reach out to the masses, is allowed to make its free legal services known to the people. The service rendered by the IBP is expressly mandated by the Constitution, the Code of Professional Responsibility, and pertinent jurisprudence. Besides, no particular lawyer benefits financially in providing legal services channeled through the programs of the IBP. b. My answer will be different if the reference to the IBP was deleted and the name of a particular lawyer appears. Such a case will be a clear example of the proscribed solicitation of legal business. The indication of the name of a particular lawyer, together with the words free of charge, would be injurious to the dignity of the legal profession as it will be turned into a business rather than a dignified profession. 11. A Justice of the Supreme Court, while reading a newspaper one weekend, saw the following advertisement: ANNULMENT OF MARRIAGE Competent Lawyer Reasonable Fee Call 221-2221 Mondays to Fridays 8:00-5:00 The following session day, the Justice called the attention of his colleagues and the Bar Confidant was directed to verify the advertisement. It turned out that the number belongs to Atty. X, who was then directed to explain to the Court why he should not be disciplined for improper advertisement. Attorney X, in his answer, averred that (a) the above advertisement was not improper because his name was not mentioned in the ad; and (b) he could not be subjected to disciplinary action because there was no complaint against him. Rule on Attorney Xs contention. Both contentions of Atty. X are erroneous. As regards the first averment, the mere fact that his name was not indicated in the advertisement with particularity does not translate into an allowed advertisement. According to the case of Ulep vs. Legal Clinic, Inc., the advertisement cannot be a mere supplemental feature of a paper, magazine, trade journal or periodical which is published principally for other purposes. Atty. Xs advertisement was published in a newspaper, not an accredited law list, allowed signage, or permitted calling card. With regard to his second averment, it must be emphasized that the Supreme Court, as guardian of the legal profession, has ultimate disciplinary powers over attorneys. Its authority to discipline is both a Constitutional prerogative and an inherent power. The presence of a complaint is unnecessary since he was still given an ample opportunity to air his side. Hence, his right to due process was not transgressed. 12. Determine whether the following advertisements by an attorney are ethical or unethical. a. A calling card, 2 x 2 in size, bearing his name in bold print, office, residence and e-mail addresses, telephone and facsimile numbers. b. A business card, 3 x 4 in size, indicating the aforementioned data with his photo, 1x1 in size. c. A pictorial press release in a broadsheet newspaper made by the attorney showing him being congratulated by the president of a client corporation for winning a multi-million damage suit against the company in the Supreme Court. d. The same press release made by his client in a tabloid. e. A small announcement in BALITA, a Filipino tabloid, that the attorney is giving free legal advice for September 2002.

13

a. The advertisement is ethical. The bits of information contained in the calling card are within comply with the standards set forth in Ulep vs. Legal Clinic, Inc.. b. The advertisement is unethical. Lawyers must refrain from using photographs in their business/professional cards as it would likely diminish the dignity or standing of the profession. c. The advertisement is unethical. Aside from the fact that the apparent purpose of the advertisement is to boast his victory in a case decided by the Supreme Court, the advertisement also appeared in a broadsheet newspaper in violation of the criteria mentioned in Ulep vs. Legal Clinic, Inc.. d. It depends. If the advertisement was permitted by the lawyer, the same is unethical for violating Rule 2.03 of the Code of Professional Responsibility. If the advertisement was not permitted by, or without the knowledge of, the lawyer, and remains to be as such, the same may be considered ethical. e. The advertisement is unethical. The solicitation of legal business of a lawyer may not appear in a newspaper. Moreover, the offer of free services would tend to lessen the esteem regarded to the law profession. 13. Facing disciplinary charges for advertising as a lawyer, Atty. A argues that although the calling card of his businessman friend indicates his law office and his legal specialty, the law office is located in his friends store. Decide. The argument of Atty. A cannot be given merit. Rule 2.03 of the Code of Professional Responsibility states that a lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Thus, even if another person caused the advertisement, but the lawyer advertised therein permitted the same, the advertisement will be considered as unethical. 14. A lawyer advertised in the newspaper the following: Can secure annulment of your marriage promptly. Expert in legal separation cases. Consult anytime. Is the advertisement proper? The advertisement is improper. It does not only imply that legal processes may be hastened through his services. It also leaves an impression that the practice of law is a business wherein people can select better products and/or services. The advertisement clearly degrades the legal profession. 15. Atty. B, C and D recently inaugurated their law partnership. Among the invited guests were clients, business executives and government officials, including a few members of the judiciary. Photographs were taken during the inaugural affair which the law firm subsequently caused to be published in major newspapers. Was there anything ethically wrong in what the partnership had done? The facts altogether suggest that the advertisement was unethically done. If lawyers intend to inform the public about the opening of a law partnership, the same may only be caused through simple advertisements stating the names of the lawyers, contact details, addresses, and other relevant and necessary data. The fact that they invited members of the judiciary, government officials, and clients

14

clearly indicates that they intend to solicit legal business the fast way. Furthermore, the advertisement was coursed through improper medianewspapers. 16. A businessman is looking for a new retainer. He approached you and asked for your schedule of fees or charge. He informed you of the professional fees he is presently paying his retainer, which is actually lower than your rates. He said that if your rates are lower, he would engage your services. Will you lower your rates in order to get the client? I will not lower my rates. The practice of law is a profession and not a trade. It is not a field wherein people are allowed to bargain for lower prices. To do so, or to permit the same to be done, is a clear violation of Rule 2.04 of the Code of Professional Responsibility which states that a lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. No valid circumstances exist in the present case. 17. You are the managing partner of a law firm. A new foreign airline company, recently granted rights by the Civil Aeronautics Board is scouting for a law firm that could handle its cases in the Philippines and provide legal services to the company and its personnel. After discussing with you the extent of the legal services your law firm is prepared to render, the general-manager gives you a letter-proposal from another law firm in which its time-billing rates and professional fees for various legal services are indicated. You are asked to submit a similar letter-proposal stating your firms proposed fees. The airline companys general manager also tells you that, if your proposal fees would be at least be 25% lower than those proposed by the other firm, you will get the companys legal business. How would you react to the suggestion? I would respectfully tell the airline companys general manager that unjustified lowering of legal rates is proscribed by the law. The practice of law is a profession and not a trade. It is not a field wherein people are allowed to bargain for lower prices. To do so, or to permit the same to be done, is a clear violation of Rule 2.04 of the Code of Professional Responsibility which states that a lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant . Lawyers are prohibited and discouraged from lowering legal rates for the sole purpose of soliciting a prospective client.

15