Paraiso, Ma. Abigael M.

LEGAL ETHICS REVIEW

ATTY. SABIO
LEGAL ETHICS FRAMEWORK

CHAPTER IV: THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

o a lawyer shall not refuse his services to the needy
o needed involvement of practicing lawyers in the rendition of legal aid to the poor and indigent
without expecting ordinary attorney’s fees for their services
o “free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be
denied to any person by reason of poverty
Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed
or status of life, or because of his own opinion regarding the guilt of said person.
o a lawyer is not bound to accept every case that is referred to him by a prospective client; he should
not accept any more cases which he could no longer handle
o Rule 14.01 is applicable only in criminal cases. Incriminal cases, a lawyer cannot decline to
representan accused or respondent because of his opinionthat the said person is guilty of the charge
orcharges filed against him. In representing theaccused or respondent, the lawyer must only usemeans
which are fair and honorable.
o the lawyer cannot decline to represent a person for the sole reason of the latter’s (1) race, (2) sex,
(3) creed, (4) status in life or (4) because of the lawyer’s opinion that said person is guilty of the charge
o the lawyer should defend the accused by all fair ad honorable means that the law permits
regardless of his personal opinion as to the guilt of the accused
o even if, after accepting the case, the lawyer discovers that his client is guilty, he must still continue
with defense of his client and use all fair arguments arising on the evidence and see to it that due process is
accorded to his client and that he should not be punished for more than what the law provides
o this Rule 14.01 is applicable only in criminal cases

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de
officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for
rendition of free legal aid.
o the duty to appoint counsel de oficio rests upon the presiding judge
o if the accused desires and is unable to employ one, the court must assign an attorney de oficio to
defend him; if he wants to defend himself without counsel, the judge may allow him to go trial without
counsel but he cannot later claim he was not accorded due process for lack of counsel
o right to a counsel de oficio does not cease upon the conviction of the accused by the trial court;
thus, if he wants to appeal, the court must still assign a counsel de oficio for the purpose
o judges are cautioned not to frequently appoint same lawyer as counsel de oficio for 2 basic
reasons:
o It is unfair to the attorney concerned, considering the burden of his regular practice, that he should
be saddled with too many de oficio cases
o The compensation provided for by Section 32 of the Rules of Court might be considered by some
lawyers as a regular source of income, something which the Rule does not envision
o a lawyer should not also decline an appointment as amicus curiae except for serious and sufficient
cause
o free legal aid on request of IBP
o lawyer to render free legal aid to destitute upon being assigned by the judge

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present client
and the prospective client.
o lawyer may not refuse to accept the case, unless:
o He is not in a position to carry out the work effectively or competently; or
o He labors under a conflict of interest between him and the prospective client or between and
present client and the prospective client
o lawyer who pretends to be disqualified under the rules is committing grave misconduct

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees shall observe
the same standard of conduct governing his relations with paying clients.
o same standards to be employed for a client unable to pay lawyer’s fees
o all clients of a lawyer. Whether rich or poor, are entitled to the same level of professionalism,
dedication, diligence, skills and competence

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether
the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the
prospective client.
o possible involvement in conflicting interests to be disclosed immediately to prospective clients
o lawyer shall not place his private interest over and above of his clients
o attorney’s failure to disclose prior engagement of interest is a good ground for the client to
discharge the attorney; possible exception: by writeen consent of all concerned given after a full disclosure
of the facts

o kinds of conflict of interests:

o Concurrent (or multiple) representation – when a lawyer represents clients whose objectives are
adverse to each other, no matter how slight or remote such adverse interests may be
o Sequential (or successive) representation – when a law firm takes a present client who has interest
adverse to the interest of a former client of the same law firm

Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed
to him by a prospective client.
o preservation of the confidences and secret of clients
o exceptions:
o When revelation is authorized by the clients after having been acquainted of the consequences of
the disclosures
o When the revelation is required by law
o When necessary to collect the lawyer’s fees or to defend himself, his employees or associates or
by judicial action

o privileged communication safeguards the revelation of confidence and secrets; even mere
prospective clients are protected
o form of communication: may not only be in writing or oral, but may also be in the form of actions or
signs of other means of communication
o requisites of privileged communication:
o There exists an attorney and client relationship or a kind of consultancy relationship with a
prospective client
 o The communication was made by the client to the lawyer in the course of the lawyer’s professional
employment
o The communication must be intended to be confidential

o The mere relation of attorney and client does not raise a presumption of confidentiality. The client
must intend the communication to be confidential.
o confidential communication refers to information transmitted by voluntary act or disclosure
between attorney and client in confidence and by means which, so far as the client aware, discloses the
information no to 3rd person other than one reasonably necessary for the transmission of the information or
the accomplishment of the purpose for which it was given

o duration of the privilege: even after the termination of the attorney-client relationship
o when contents of pleadings ceased to be privileged: after the pleadings have been filed

o 2-fold purpose of the rule:

o To encourage a client to make full disclosure of the facts of the case to his counsel without fear
o To allow the lawyer freedom to obtain full information from his client

o the party who avers that the communication is privileged has the burden of proof to establish the
existence of the privilege unless from the face of the document itself, it clearly appears that it is privileged

o instances when communication is not privileged:

o When communication is made to a person who is not a lawyer
o When communication is made to a lawyer for some other purpose other than on account of the
lawyer-client relationship

o parties entitled to invoke the privilege:

o The client, who is primarily intended to be protected by the privilege
o The lawyer himself or the client’s employee may claim the privilege in the absence of any waiver on
the part of the client
o The attorney’s secretary, stenographer, or clerk, who acquired confidential communication in such
capacity, save only when the client and the attorney jointly consent thereto

o even if the communication is unprivileged, the rule of ethics prohibits him from voluntarily revealing
or using to his benefit or third person at the disadvantage of the client said communication unless the client
consents thereto
o the privilege is limited or has reference only to communications which are within the ambit of lawful
employment and does not extend to those transmitted in contemplation of future crimes or frauds

Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned
given after a full disclosure of the facts.
o tests in determining conflicting interests:
o Whether a lawyer is duty-bound to fight for an issue or claim in behalf of one client and, at the
same time, to oppose that claim for another client
o Whether the acceptance of a new relation would prevent the full discharge of the lawyer’s duty of
undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the
performance of that duty
o Whether the lawyer would be called upon in the new relation to use against a former client any
confidential information acquired through their connection or previous employment
o in the process of determining whether there is a conflict of interests an important criterion is
 probability, not certainty of conflict
o defense that prospective client has no lawyer to turn to is not acceptable
o unauthorized act of representing conflicting interests is a criminal offense
o undivided allegiance to client is a must
o the rule aims not only to bar the dishonest practitioner from fraudulent conduct but also to prevent
the honest practitioner from putting himself in a position where he may be required to choose between
conflicting interests
o the lawyer may appear against his own client only on condition that the client has given his written
consent thereto and after full disclosure of the facts to him
o termination of relationship is no justification for a lawyer to represent an adverse to or in conflict
with that of the former client

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator
in settling disputes.
o consent in writing is required to prevent future controversy on the authority of the lawyer to act as
mediator, conciliator or arbitrator
o but he cannot represent any of the parties to it

Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and
probable results of the client's case, neither overstating nor understating the prospects of the case.

o overstatement or understatement of prospects of the case is not proper

o lawyers are admonished from making bold assurances to clients

Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or
legislative body.
o influence-peddling on any public official, tribunal or legislative body is not included in the practice of
law

Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness.
o lawyer must promote respect for the law
o lawyer should give proper advise to clients
o lawyer should advise clients on matters of decorum and proper attitude toward courts of justice

Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of
law shall make clear to his client whether he is acting as a lawyer or in another capacity.
o when lawyer is concurrently engaged in business he must clarify to client in what capacity he acting
o lawyer cannot divide his personality

CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY
COME INTO HIS PROFESSION.
o lawyer is trustee of client’s moneys and properties
o dual roles of the lawyer to his client:
o Fiduciary or trustee
o Agent (appear in court on behalf of the client; more than an ordinary agent)

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client.
o lawyer accountable for all moneys and properties of client
 o unlawful retention of client’s refunds is contemptuous
o money not used for specific purpose is held also in trust and must be accounted immediately
o attorney’s lien is not an excuse for non-rendition of accounting
o lawyer cannot disburse client’s money to client’s creditor without authority

Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others
kept by him
o funds of clients not to be commingled with funds of counsel

Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. However,
he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful
fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same
extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.
o a lawyer who obtained possession of the funds and properties belonging to his client in the course
of his professional employment shall deliver the same to his client when:
o They become due, or
o Upon demand

o 2 kinds of attorney’s fees:

o Retaining, general, possessory lien right of lawyer to lawfully withhold his client’s property (funds
or documents) that lawfully come into his possession, until payment of his attorney’s fees
o Charging, special, particular, non-possessory lien right of the attorney to request the court to
annotate his claim for attorney’s fees in whatever recoveries made by the client from the losing adversary

o limitations on exercise of charging lien:

o Applies only to the specific action in which the charging lien is recorded
o Applies only to favorable money judgments, and executions pursuant thereto

o lawyers failure to deliver shall give rise to a presumption that he has misappropriated the funds for
his own use to the prejudice of the client and in violation of the trust reposed in him
o a lawyer shall have a lien over the client’s funds and may apply so much thereof to satisfy his lawful
fees and disbursements but must give prompt notice to his client for the latter’s advertisement
o attorney’s retaining lien does not apply to public documents and exhibits introduced in court
o when documents are subject of lien, adequate security may be required
o lawyer cannot be deprived of his attorney’s fees through the client’s maneuver
o client can dismiss the lawyer anytime; consequences: if without just cause the client will pay in full
attorney’s fees expressly agreed upon in their contract
o lawyer’s charging lien may be assigned
o charging lien survives the death of the client
o probate court has no authority to enforce a lien unless conferred by a statutes
o effect of enforcement of charging lien: client-lawyer relationship is terminated

Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by
the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in
the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client.
o lawyer shall not borrow money from client; unless, the client’s interests are fully protected by the
nature of the case or by independent advice
o lawyer shall not lend money to client; unless, it is necessary in the interest if justice to advance
necessary expenses in a legal matter he is handling for the client
 CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE REPOSED IN HIM.
o fidelity to the cause of client must always be maintained
o it is not a good practice for lawyers to fight former clients
o relationship of lawyer-client is highly fiduciary

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

o diligence the attention and care required of a person in a given situation and is the opposite of
negligence
o a lawyer is presumed to be prompt and diligent in the performance of his duties and to have
employed his best efforts, learning and ability in the protection of his client’s interests and in the discharge of
his duties as an officer of the court
o competence and diligence highly demanded of lawyers
o extraordinary diligence not required, only diligence of a good father of a family
o exact given address must be indicated in the pleadings (if there a 2 or more addresses)

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not
qualified to render. However, he may render such service if, with the consent of his client, he can obtain as
collaborating counsel a lawyer who is competent on the matter.
o -implication of acceptance of cases:
o that the lawyer possesses the requisite of academic learning, skill and ability in the practice of his
profession;
o that he will exert his best judgment in the prosecution or defense in the litigation entrusted to him;
o that he will exercise reasonable and ordinary care and diligence in the pursuit or defense of the
case
o clients are entitled to effective representation
o government lawyers are disqualified to practice law

o collaborating counsel – one who is subsequently engaged to assist a lawyer already handling a
particular case for a client

Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation.
o adequate preparation (concept) – it includes among other virtues, sufficient knowledge of the law
and jurisprudence, ability in trial technique and high proficiency in the formulation of pleadings
o comfortable workload: too much workload will adversely affect lawyer’s proficiency

Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection
therewith shall render him liable.
o ordinary care and diligence is required of a lawyer
o a lawyer is liable for his negligence
o lawyer has no opportunity to waive client’s right on appeal
o a lawyer should adopt a system which will assure him of receiving judicial notices properly
o lawyer should accept only so much cases he can handle
o effects of negligence and incompetence of lawyer:
o disciplinary action against the lawyer
o malpractice suit for damages
o a criminal conviction may be set aside
 o a retrial may be had in civil cases

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a
reasonable time to the client's request for information.
o client must be kept informed of the status of the case particularly on the important movements or
developments therein
o it is the duty of the party litigant to be in contact with his counsel from time to time in order to be
informed of the progress of the case
o litigants should give the necessary assistance to their counsel for what is at stake is their interest in
the case

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
o the lawyer owes “entire devotion to the interest of the client, warm zeal in the maintenance and
defense of his rights and the exertion of his utmost learning and ability

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and
shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an
improper advantage in any case or proceeding.

o only honorable, fair and honest means shall be employed in the maintenance of cases
o “negative pregnant” is improper and condemned because it is pregnant with alternative admission
to the allegations of the complaint
o lawyer shall not file or threaten to file any unfounded or baseless cases against adversaries of his
client
o “blackmail” the extortion of money from a person by threats of accusation or exposure or
opposition in the public prints … obtaining of value from a person as a condition of refraining from making an
accusation against him, or disclosing some secret calculated to operate to his prejudice
o “extortion” the exaction of money either for the performance of a duty, the prevention of an injury,
or the exercise of an influence
o defense of a person accused of crime: 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

Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with such client in accordance with the Rules of Court.
o lawyer shall not allow his client to perpetrate fraud
o if client persist in such wrongdoings, the lawyer should terminate their relation

Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.
o lawyer, not client, controls the procedure of handling the case
o obligation of counsel to comply with his client’s lawful requests
o remedy if lawyer does not agree: to withdraw from the case

CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Kinds of Attorney’s Fees/Arrangements:

o fixed or absolute fee
o contingent fee
o fixed fee payable per appearance
o fixed fee hourly rate / time billing
 o fixed fee based on piece work

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees:
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;

(c) The importance of the subject matter;

(d) The skill demanded;

(e) The probability of losing other employment as a result of acceptance of the proffered case;

(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he
belongs;

(g) The amount involved in the controversy and the benefits resulting to the client from the service;

(h) The contingency or certainty of compensation;

(i) The character of the employment, whether occasional or established; and

(j) The professional standing of the lawyer.

o 2 concepts of attorney’s fees:
o ordinary – an attorney’s fee is the reasonable compensation paid to a lawyer for the legal services
he has rendered to a client
o basis: fact of employment by the client
o extraordinary – an attorney’s fee is an indemnity for the damages ordered by the court to be paid
by the losing party to the prevailing party in a litigation
o basis: any of the cases authorized by law

o unauthorized counsel is not entitled to attorney’s fees

o adequate compensation is necessary in order to enable the lawyer to serve his client effectively
and to preserve the integrity and independence of the profession
o lawyer must be secured on his honorarium lawfully earned

o forms of employment as counsel to a client:

o oral – counsel is employed without a written agreement
o express – terms and conditions including the amount of fees, are explicitly stipulated in a written
document which may be private or public document

o commencement of employment: once there is a meeting of the minds between the lawyer and
client on the case or subject to be handled
o when a client employs the services of a law firm, he employs the entire law firm
o proper time of fixing attorney’s fees: commencement of the lawyer-client relationship
o written contract of attorney’s fees is the law between the lawyer and the client
o the contract is implied when there is no agreement
o immediate fixing of attorney’s fees is advisable

o advantages of a written contract for attorney’s fees:

o an express valid contract stipulating for the compensation which the attorney is to receive for his
 services is generally held conclusive as to the amount of compensation
o in case of unjustified dismissal of an attorney, he shall be entitled to recover from the client full
compensation stipulated in the contract

o pauper may be exempted from legal fees but is not exempted from attorney’s fees
o ambiguities in contract: interpretation which is favorable to the client will be adopted
o winning litigant is not always granted attorney’s fees

o quantum meruit – legal mechanism in legal ethics which prevents an unscrupulous client from
running away with the fruits of the legal services of a counsel without paying therefore

o no lawyer engaged, but attorney’s fees are allowed

o for attorney’s fees to be justified, its reason must be mentioned in the text of the decision
o attorney’s fee is not included in the general prayer
o the award of attorney’s fees must be deleted where the award of moral and exemplary damages
are eliminated
o stipulated attorney’s fee s conclusive; exception is on the basis of quantum meruit
o no attorney’s fees would be allowed if parties have legitimate claims against each other

o guidelines in determining attorney’s fees on quantum meruit basis:

o time spend and extent of the services rendered or required
o novelty and difficulty of the questions involved
o importance of subject matter
o skill demanded of the lawyer
o probability of losing other employment
o customary charges for similar services and schedule of fees of IBP
o amount involved in the controversy and benefits resulting to the client from the service
o contingency or certainty of compensation

o death or disability of lawyer employed on contingent basis, he or his estate will be allowed to
recover the reasonable value of the services rendered
o champertous contracts are void

o champertous contracts – where the lawyer stipulates with his client that in the prosecution of the
case, he will bear all the expenses for the recovery of the things or property being claimed by the client, and
the latter agrees to pay the former a portion of the thing or property recovered as compensation

o when is a fee unconscionable?: the amount contracted for must be such that no man in his right
senses would offer on the one hand and no other honest and fair man would accept the other
o the charging of attorney’s fees beyond what is fixed in the law is malpractice
o judge’s sole opinion is not the basis of the right to a lawyer’s fee
o no court shall be bound by the opinion of the attorneys as expert witnesses as to the proper
compensation, but may disregard such testimony and base its conclusion on its own professional knowledge
o guidelines provided for in the rule may be used in determining fees in a formal contract for
employment

Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees
in proportion to the work performed and responsibility assumed.
 o sharing or division of attorney’s fees, when allowed:
o only one counsel no problem
o 2 or more lawyers general rule: they will share equally as they are considered special partners for
a special purpose
o If there are specific contracts contracts shall prevail unless found unconscionable
o If the lawyers were engaged at different stages of the case the lawyer who bore the brunt of the
prosecution of the case to its successful end is entitled to the full amount of his fees despite the fact that the
client has retained another lawyer as “exclusive” counsel who appeared only after the rendition of a
favorable judgment

o lawyer-referral system, effects; fees of collaborating counsel: said counsel will receive attorney’s
fees in proportion to the work performed and the responsibility assumed
o classification of lawyers according to lines of specialty: the IBP is in the best position to initiate the
classification or listing of practicing lawyers in each Chapter
o compensation to an attorney for merely recommending another lawyer is improper
o attorney’s fees for legal services shared or divided to non-lawyers is prohibited

Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward,
costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his
professional employment from anyone other than the client.
o rationale: there should be no room for suspicion on the part of the client that his lawyer is receiving
compensation in connection with the case from 3rd persons with hostile interests
o exception: when the client has full knowledge and approval thereof

Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or fraud.
o general rule: a lawyer should avoid the filing of any case against clients for the enforcement of his
attorney’s fees
o exception: to prevent
o Imposition
o Injustice
o Fraud

o judicial action to recover attorney’s fees:

o In the same case
o In a separate civil action

o client shall not lose everything for attorney’s fees

CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER
THE ATTORNEY-CLIENT RELATION IS TERMINATED.
o confidence – information protected by the attorney-client privilege under the Revised Rules of Court
o secret – other information gained in the professional relationship that the client has requested to be
held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client

o communication must be intended to be confidential

o The duty to maintain inviolate the client’s confidences and secrets is not temporary but permanent.
It is in effect perpetual for “it outlasts the lawyer’s employment.
o exceptions:
 o When authorized by client
o When required by law
o When necessary to collect his fees or to defend himself, is employees or association or by judicial
action
o the reason of the lawyer-client privilege is to encourage and inspire clients to tell all about the facts
of their cases
o this canon also applies to confidences and secrets of prospective clients

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.
o prohibition against revelation of confidences and secrets of client subject to exceptions:
o When authorized by client
o When required by law
o When necessary to collect his fees or to defend himself, is employees or association or by judicial
action

o reason for strict prohibition: because the relationship is one of trust and confidence of the highest
degree
o when properly authorized, lawyer may break the seal of secrecy
o when required by law, the law prevails
o when necessary to collect fees or to defend himself or staff by judicial action, rule of secrecy shall
yield

Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of
employment, nor shall he use the same to his own advantage or that of a third person, unless the client with
full knowledge of the circumstances consents thereto.
o prohibition to use information acquired in the course of professional employment to disadvantage of
client
o exception: if the client with full knowledge of the circumstances consents to the use thereof
o violation of rule is breach of trust

Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an
outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing,
or any similar purpose.
o disclosure of information from lawyer’s files prohibited without consent of client which must be in
writing
o exception: if client gives his written consent

Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless
prohibited by the client.
o without prohibition, disclosure of client’s affairs to partners or associates in a law firm may be done

Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are
utilized by him, from disclosing or using confidences or secrets of the clients.
o client’s confidences and secrets, to be guarded also by the lawyer’s personnel in his office

Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his
family.
 o indiscreet conversation about client’s affairs is to be avoided

Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid
possible conflict of interest.
o prohibition to disclose secrets covers consultation

CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.

Rule 22.01 - A lawyer may withdraw his services in any of the following case:chanroblesvirtuallawlibrary
(a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is
handling;
(b) When the client insists that the lawyer pursue conduct violative of these canons and rules;

(c) When his inability to work with co-counsel will not promote the best interest of the client;

(d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the
employment effectively;

(e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer
agreement;

(f) When the lawyer is elected or appointed to public office; and

(g) Other similar cases.
o appearance – act of submitting or presenting oneself to the court, either as plaintiff or defendant,
personally or through counsel, and seeking general reliefs or special reliefs from the court

o kinds of appearance:
o General appearance – the party comes to the court either as plaintiff or defendant and seeks
general reliefs from the court for satisfaction of his claims or counterclaims respectively
o Special appearance – a defendant appears in court solely for the purpose of objecting to the
jurisdiction of the court over his person

o lawyer who appears in lower court is presumed to be lawyer on appeal

o formal appearance of counsel in a case, how effected: an attorney must make a notice of
appearance
o lawyer (without formal notice of appearance) is presumed to be properly authorized to represent
any cause in which he appears and no written power of attorney is required to authorize him to appear
o judge may require counsel, on reasonable grounds to produce or prove his authority to appear for a
client

o cases when a lawyer may withdraw:

o Client pursuing an illegal or immoral course of conduct
o Client’s insistence that lawyer pursues acts violative of the Canons and Rules
o Inability of lawyer to work with co-counsel
o Mental and physical inability of counsel to handle case effectively
o Client’s deliberate failure to pay attorney’s fees agreed upon
o Election or appointment of lawyer to public office
o Other similar cases
 o death of a client automatically terminates client-lawyer relationship
o duty of an attorney upon death of a client: to inform the court immediately of such event, and to
give the name, residence of his executor, administrator, guardian or other legal representative
o death of an attorney also terminates client-lawyer relationship; exception: if the lawyer is a member
of a law firm, which appears as counsel for the client, the death of the attending attorney will not terminate
the relationship
o dissolution of law firm does not terminate client-lawyer relationship
o right of client to terminate relation with counsel absolute; but not vice versa
o situation when a lawyer cannot be dismissed: when a lawyer is engaged not on retainer basis, but
as “legal assistant” of a corporation and such he is required to observe office hours
o requirement when appearance of new counsel is occasioned by death of original counsel of record:
all the requirements of a proper substitution must be met, one of which is a verified proof of death of such
attorney
o termination of lawyer’s employment subject to certain requirements
o simple misunderstanding: does not fall under any of the grounds where a lawyer may validly
withdraw
o attorney-client relationship does not terminate formally until there is a withdrawal made of record

Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over
all papers and property to which the client is entitled, and shall cooperative with his successor in the orderly
transfer of the matter, including all information necessary for the proper handling of the matter.
o duty of a discharged lawyer or one who withdraws:
o Immediately turn over all papers and property to which the client is entitled
o Shall cooperate with the succeeding lawyer in the orderly transfer of the case

o courts must respect and protect the attorney’s lien

o retaining lien – passive lien and may not be actively enforced; mere right to retain the papers as
against the client until the lawyer is fully paid

o lawyer’s refusal to return documents or receipts subject to retaining lien is not guilty of malpractice

o charging lien – equitable right of the attorney to have the fees due him for services in a particular
suit secured by the judgment or recovery in such suit; to protect the claim on the fruits of the lawyer’s labor

o a lawyer hired by the administrator is not necessarily the lawyer of the estate
o retaining lien expires when possession ends

o requisites of charging lien:

o Existence of a client-lawyer relationship
o Favorable judgment secured by the counsel for his client which judgment is a money judgment
o Noting into the records of the case through the filing of an appropriate motion of the statement of
the lawyer’s claim for attorney’s fees with copies furnished to client and adverse party

o may a charging lien be entered into the records even before a judgment is rendered?: the answer is
affirmative; however it can be enforced only after the judgment is secured in favor of client
o effect and importance of noting of charging line: the lawyer’s fee is protected
o against whom can a charging lien be enforced?: against the attorney’s client or against the
judgment debtor
o may a lawyer exercise a charging lien on the land of his client?: he cannot have a lien on the land