3.
The Lawyer and the Court
a. Canons 10-13
a.1 Candor, fairness, and good faith towards the
courts
a.2 Respect for courts and judicial officers
a.3 Assistance in the speedy and efficient
administration of justice
a.4 Reliance on merits of his cause and avoidance
of any impropriety which tends to influence or gives
the appearance of influence upon the courts
4. The Lawyer and his Clients
a. Canons 14-22
a.1 Availability of service without discrimination
a.2 Candor, fairness and loyalty to clients
a.3 Client’s money and properties
a.4 Fidelity to client’s cause
a.5 Competence and diligence
a.6 Representation with zeal within legal bounds
a.7 Attorney’s fees
a.8 Preservation of client’s confidences
a.9 Withdrawal of services
3. THE LAWYER AND THE
COURT
a. CANONS 10-13
a.1 CANDOR, FAIRNESS AND GOOD
FAITH TOWARDS THE COURTS
CANON 10 – A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE
COURT.
I. Rationale
The burden cast on the judiciary would be
intolerable if it could not take at face value what is
asserted by counsel. As officers of the court,
lawyers have the primary obligation towards the
administration of justice. To mislead the court is
contumacious and clearly a ground for disciplinary
action. (Antiquiera, CPR, p. 39)
II. Aspects of the relationship between a lawyer
and the courts:
a) Basis: a lawyer is an officer of the court
exercising privileges indispensable to the
administration of justice.
b) Consequence: as an officer of the court, a
lawyer must therefore obey and respect
the court at all times.
c) Higher duty to the court: a lawyer’s duties to
the court are more significant than those
which he owes his client.
d) Proper attitude [Canon 10]: “A lawyer owes
candor, fairness and good faith to the
Court.”
III. Requirements of CANDOR:
a) A lawyer shall not suppress material and
vital facts which bear on the merit or lack of
merit of complaint or petition.
b) A lawyer shall volunteer to the court any
development of the case which has
rendered the issue raised moot and
academic.
c) Disclosure to the court of any decision
adverse to his position of which opposing
counsel is apparently ignorant and which
court should consider in deciding a case.
d) He shall not represent himself as a lawyer
for a client, appear in court and present
pleadings in the latter’s behalf only to claim
later that he was not authorized to do so.
e) He shall not make a false order supposedly
issued by a court.
f) He shall not advise his clients to picket
before the courts, because those are
attempts to pressure or influence the courts
of justice and constitute contempt of court.
RULE 10.01. A LAWYER SHALL NOT DO ANY
FALSEHOOD, NOR CONSENT TO THE DOING
OF ANY IN COURT; NOR SHALL HE MISLEAD,
OR ALLOW THE COURT TO BE MISLED BY
ANY ARTIFICE.
1. A lawyer must be a disciple of truth. He should
bear in mind that as an officer of the court his high
vocation is to correctly inform the court upon the
law and the facts of the case and to aid it in doing
justice and arriving at correct conclusion; the
courts are entitled to expect only complete
honesty from lawyers appearing and pleading
before them.
 While a lawyer has the solemn duty to
defend his client’s cause, his conduct must
never be at the expense of truth. (Young v.
Batuegas, A.C. No. 5379, 9 May 2003);
 A lawyer owes fidelity to the cause of his
client but not at the expense of truth and the
administration of justice. (Garcia v.
Francisco, Adm. Case no. 3923, 30 March
1993)
2. Instances of FALSEHOOD that merited
discipline:
 a) Lawyers falsely stating in a deed of sale
that property is free from all liens and
encumbrances when it is not so. (Sevilla v.
Zoleta, A.C. No. 31, 28 March 1955);
b) Lawyers making it appear that a person,
long dead, executed a deed of sale, in his
favor. (Monterey v. Arayata, Per. Rec. Nos
3527, 3408, 23 August 1935);
c) Lawyer encashing a check payable to a
deceased cousin by signing the latter’s
name on the check. (In re: Samaniego, A.C.
No. 74, 20 November 1959)
d) Lawyer falsifying a power of attorney and
used it in collecting the money due to the
principal and appropriating the money for
his own benefit. (In re: Rusina, A.C. No.
270, 29 May 1959);
e) Laywer alleging in one pleading that his
clients were merely lessees of the
property involved, and alleged in a later
pleading that the same clients were the
owners of the same property where there
are false allegations in the pleadings.
(Chavez v. Viola, GR No. 2152, 19 April
1991);
f) Lawyer uttering falsehood in a Motion to
Dismiss. (Martin v. Moreno, A.C. No. 1432,
21 May 1984);
g) Lawyer denying having received the
notice to file brief which is belied by the
return card. (Ragasajo v. IAC, G.R. No. L-
69129, 31 August 1987);
h) Lawyer presenting falsified documents in
court which he knows to be false.
(Berenguer v. Carranza, A.C. No. 716, 30
January 1969);
 3. Scenarios:
i) Lawyer filing false charges or groundless
suits. (Retuya v. Gorduiz, A.C. No. 1388,
28 March 1980);
 contemptuous.
j) Forum shopping: Crisostomo Et. Al v.
Nazareno, 10 June 2014: Under Sec. 5,
Rule 7 of the Rules of Court, the submission
of false entries in a certification against
forum shopping constitutes indirect or direct
contempt of court, and subjects the erring
counsel to the corresponding administrative
and criminal actions...In the realm of legal
ethics, said infraction may be considered as
a violation of Rule 1.01, Canon 1 and Rule
10.01, Canon 10 of the Code of
Professional Responsibility.
k) Making untruthful and false statements
before the court (Molina v. Magat, A.C. No.
1900, 13 June 2012)
 repetitive actions subject themselves to
3. Related Rules:
a) Lawyer’s Oath: #3. I will do no falsehood
nor consent to the doing of any in court;206
b) Lawyer’s Oath: #4. I will not wittingly or
willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor
consent to the same.
c) Rule 1.01: A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
d) Violation of Art. 184 RPC [Offering false
testimony in evidence]
RULE 10.02. A LAWYER SHALL NOT
KNOWINGLY MISQUOTE OR MISREPRESENT
THE CONTENTS OF PAPER, THE LANGUAGE
OR THE ARGUMENT OF OPPOSING COUNSEL,
OR THE TEXT OF A DECISION OR AUTHORITY,
OR KNOWINGLY CITE AS LAW A PROVISION
ALREADY RENDERED INOPERATIVE BY
REPEAL OR AMENDMENT, OR ASSERT AS A
FACT THAT WHICH HAS NOT BEEN PROVED.
1. Rationale: If not faithfully and exactly quoted,
the decisions and rulings of the court may lose
their proper and correct meaning, to the
detriment of other courts, lawyers and the public
who may thereby be misled.

2. How should lawyers quote a Supreme Court
decision? “(I)n citing this Court’s decisions and
rulings, it is the bounden duty of courts, judges and
lawyers to reproduce or copy the same word for
word and punctuation mark by punctuation
mark.”
a) A mere TYPOGRAPHICAL ERROR in the
citation of an authority is NOT
b) Knowingly using an old law favorable to
his client to mislead the court is unethical.
c) Quoting a portion of a decision saying it’s its
ratio decidendi but it is actually the
argument of one of the parties: at least, it
shows lack of diligence.
RULE 10.03. A LAWYER SHALL OBSERVE THE
RULES OF PROCEDURE AND SHALL NOT
MISUSE THEM TO DEFEAT THE ENDS OF
JUSTICE
 .
1. Filing multiple actions constitutes an abuse of
the Court’s processes. Those who filed multiple or
disciplinary action for incompetence or willful
violation of their duties as attorneys to act with all
good fidelity to the courts, and to maintain only
such actions that appear to be just and
consistent with truth and honor. (Pablo R. Olivares
etc. v. Atty. Arsenio Villalon Jr., A.C. No. 6323, 13
April 2007)
 honesty and integrity of the members of the court,
2. When can a lawyer be subjected to disciplinary
actions after a pleading has been filed? When a
counsel deliberately:
a) Files an unsigned pleading in violation of
the rules;
 b) b. Despite errors which one may impute on
b) Alleges scandalous matters therein;
 the orders of the Court, these must be
c) Fails to promptly report to the court a
change of his address. (Sec. 3, Rule 7,
Rules of Court).
 d. When a lawyer
habitually resets the case so that the
complainant would lose interest over it.
3. Scenarios:
a) A lawyer should not abuse his RIGHT OF
RECOURSE to the courts for the purpose
of arguing a cause that had been
repeatedly rebuffed.
b) Neither should he use his knowledge of law
as an instrument to harass a party;
c) nor to misuse judicial processes.
RULE 10.04. A LAWYER SHALL, WHEN FILING
A PLEADING, FURNISH THE OPPOSING PARTY
WITH A COPY THEREOF, TOGETHER WITH ALL
THE DOCUMENTS ANNEXED THERETO.
UNLESS A MOTION IS EX PARTE, HE SHOULD
SET IT FOR HEARING, WITH SUFFICIENT
NOTICE TO THE OTHER PARTY
1. The purpose of this rule is to avoid surprise and
delays in cases.
2. What is the rule on notice in case of motion?
The motion which contains the notice of hearing
shall be served in such a manner as to ensure its
receipt by the other party at least three days
before the date of hearing, unless the court for
good cause sets the hearing on shorter notice
(Sec. 4, Rule 15, Rules of Court).
a.2. RESPECT FOR COURTS AND
JUDICIAL OFFICERS
 Punctuality is demanded by the respect which a
CANON 11 – A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND
SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.

I. Rationale
Disrespect toward the court would necessarily
undermine the confidence of the people in the
and consequently to lower or degrade the
administration of justice by the court.
a) All lawyers are expected to recognize the
authority of the Supreme Court and obey
its lawful processes and orders.
respected, especially by the bar or the
lawyers who are themselves officers of
the courts. (Yap- Paras v. Atty. Paras, A.C.
No. 4947, 7 June 2007).
c) c. In case of conflict between his duty to
the court and his duty to the society and his
client, the other must yield since it is his
duty to the court that should take
precedence.

II. On the right of a lawyer to criticize the court and
his freedom of speech, see Rule 11.04, infra.
RULE 11.01. A LAWYER SHALL APPEAR IN
COURT PROPERLY ATTIRED

1. As an officer of the court and in order to
maintain the dignity and respectability of the
legal profession, a lawyer who appears in court
must be properly attired.
 Consequently, the court can hold a lawyer
in contempt of court if he does not appear in
proper attire. Any deviation from the
commonly accepted norm of dressing in
court is enough to warrant a citing for
contempt.
2. The traditional attires:
a) male lawyers: long-sleeve Barong
Tagalog or coat and tie.
b) female lawyers: semi-formal attires.

c) Judges also appear in the same attire in
addition to black robes.
RULE 11.02. A LAWYER SHALL PUNCTUALLY
APPEAR AT COURT HEARINGS

lawyer owes to the court, the opposing counsel
and to all the parties to the case. (Funa, 2009)
RULE 11.03 – A LAWYER SHALL ABSTAIN
FROM SCANDALOUS, OFFENSIVE OR
MENACING LANGUAGE OR BEHAVIOR
BEFORE THE COURTS

1. Power of Contempt vs. Power to Disbar:
 The power to punish for contempt and the
power to disbar are separate and distinct,
and that the exercise of one does not
exclude the exercise of the other (People
v. Godoy, G.R. Nos. 115908-09, March 29,
1995).
2. Kinds of Contempt:
a) Direct Contempt
 Consists of misbehavior in the
presence of or so near a court or
judge as to interrupt or obstruct the
proceedings before the court or the
administration of justice; punished
summarily.
 Examples:
i. An imputation in a pleading of gross
ignorance against a court or its
judge, especially in the absence of
any evidence, is a serious allegation,
and constitutes direct contempt of
court.
ii. Derogatory, offensive or malicious
statements contained in pleadings
or written submissions presented to
the same court or judge in which the
proceedings are pending are treated
as direct contempt because they are
equivalent to a misbehavior
committed in the presence of or so
near a court or judge as to interrupt
the administration of justice. This is
true, even if the derogatory,
offensive or malicious statements
are not read in open court (Habawel
and Medina v. Court of Tax Appeals,
G.R. No. 174459, September 7,
2011).
b) Indirect Contempt
 One committed away from the court
involving disobedience of or resistance
to a lawful writ, process, order, judgment
or command of the court, or tending to
belittle, degrade, obstruct, interrupt or
embarrass the court; not summary in
nature. EG:
i. Defamatory statements against a
Justice constitute indirect contempt
ii. When a fight ensues between
lawyers before the court session
starts
c) Civil
 It is the failure to do something
ordered to be done by a court or a
judge for the benefit of the
opposing party therein. It is
remedial in nature.
d) Criminal
 Conduct directed against the
authority and dignity of a court or
of a judge, as in unlawfully
assailing or discrediting the
authority or dignity of a court or of a
judge, or in doing a duly forbidden
act. Intent is necessary.

3. Two-fold aspect of Contempt Power (1998 Bar
Question)
a) The proper punishment of the guilty party
for his disrespect to the court or its order;
and
b) To compel his performance of some act
or duty required of him by the court which
he refuses to perform. NB: The question of
whether the contempt committed is civil or
criminal, does not affect the jurisdiction
or the power of a court to punish the
same (Halili v. CIR, G.R. No. L-24864, April
30, 1985).

4. A practicing lawyer and officer of the court facing
contempt proceedings cannot just be allowed to
voluntarily retire from the practice of law which
would negate the inherent power of the court to
punish him for contempt (Montecillo v. Gica, 60
SCRA 234).
5. If a judge, during trial, says something relevant, it
is the right of counsel to put on record said
remarks for the protection of his witness and
client.
6. Scenarios under Rule 11.03:
a) A lawyer shall abstain from scandalous,
offensive or menacing language or
behavior before the courts. Use
expressions which are emphatic but
respectful, convincing but not derogatory,
illuminating but not offensive. A lawyer’s
language should be dignified in keeping
with the dignity of the legal profession.
b) The duty to observe and maintain respect is
not a one-way duty from a lawyer to a
judge. A judge should also be courteous
 to counsel, especially those who are
young and inexperienced and to all those
appearing or concerned in the
administration of justice.
c) “Respectful subordination” is expected of
a lawyer as to his dealings with the court.
d) Although a member of Congress has
violated the CPR, he cannot be
administratively sanctioned because of his
parliamentary immunity.
7. Related Rules:
a) Canon 8: A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS
AND CANDOR TOWARD HIS
PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS
AGAINST OPPOSING COUNSEL.
b) Rule 8.01: A lawyer shall not, in his
professional dealings, use language which
is abusive, offensive or otherwise
improper.
c) Canon 11: A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
RULE 11.04. A LAWYER SHALL NOT
ATTRIBUTE TO A JUDGE, MOTIVES NOT
SUPPORTED BY THE RECORD OR HAVE NO
MATERIALITY TO THE CASE
 the law on evidence) – may refer to the
1. The relations between counsel and judge should
be based on mutual respect and on a deep
appreciation by one of the duties of the other.
2. Q: Can a lawyer criticize the courts?
A: Yes. The fact that a person is a lawyer does not
deprive him of the right, as enjoyed by every
citizen, to comment on and criticize the
actuations of a judge but it is the cardinal
condition of all criticisms that it shall be bona fide,
and shall not spill over the walls of decency and
propriety. (Zaldivar v. Gonzales, G.R. Nos. 79690-
707, 1 February 1989).
a) For pending litigation: the court must be
shielded from embarrassment and
influence; hence, the proper administration
of justice is affected or influenced.
b) For concluded litigation: the judge who
decided on it is subject to the same
criticism as any other public official
because then his ruling becomes public
property and is thrown open to public
consumption. NB: Apply here the principle
of “fair and well-founded criticisms”
regarding decisions of the SC - Criticism or
comment made in good faith on the
correctness or wrongness, soundness or
unsoundness, of a decision of the Court
would be welcome, if well-founded, and
such reaction can enlighten the court and
contribute to the correction of an error if
committed. This is usually done within the
judicial forum, not in media.
c) The criticism should never harm the
independence of the judiciary; besides
lawyers themselves are officers of the court;
their criticisms should not undermine the
Court’s honesty, integrity and competence;
they should be the first to uphold the dignity
and authority of this Court, to which they
owe fidelity according to the oath they have
taken as attorneys, and not to promote
distrust in the administration of justice.
3. Guidelines on criticizing the court:
a) What (Rule 11.04)
i. Supported by the record; EG: TSNs
(submit pertinent portions of the
transcript)
ii. Material to the case: has a broader
meaning under the CPR (compared to
conduct of the judge or official order of
the judge (not necessarily evidentiary).
b) When: SUB JUDICE RULE applies
i. GR: When it is a pending case: it is not
proper to comment on it;
ii. XPN: make a report on the
proceedings
iii. NB: violation of the sub judice rule
makes on liable for INDIRECT
contempt – it’s not a ground for
disbarment.
c) How (Rule 11.03): the language should not
be offensive, scandalous, or menacing; it is
within the limits of decency & propriety
d) Where (Rule 11.05): direct grievances to
the proper forums/ authority, i.e., IBP or
SC (only for judges), not the Ombudsman
(even if the salary grade is high)—unless
the lawyer occupies a government position.
If the party complainant did not avail of the
judicial remedies, SC dismisses the
 complaint outright (hence, appeal first
before going to SC).
4. How about the media?
a) GR: it is not a proper forum;
b) XPN: only when you make a FAIR &
ACCURATE report of the
c) proceedings; no problem with interviews as
long as you confine to the latter— they
cannot be opinion-based commentaries
about the case.
 MEDIA REGARDING A PENDING CASE
5. This rule and the right to free speech: Freedom
of speech includes the right to know and
discuss judicial proceedings, but such right does
not cover statements aimed at:
a) undermining the Court’s integrity and
authority, and
b) interfering with the administration of justice
 Freedom of speech is not absolute,
and must occasionally be balanced with
the requirements of equally important
public interests, such as the
maintenance of the integrity of the
courts and orderly functioning of the
administration of justice. Thus, the
making of contemptuous statements
directed against the Court is not an
exercise of free speech; rather, it is
an abuse of such right.
6. If the court official or employee or a lawyer is to
be disciplined, the evidence against him should be
substantial, competent and derived from direct
knowledge, not on mere allegations,
conjectures, suppositions or on the basis of
hearsay. (Cervantes v. Atty. Sabio, A.C. No. 7828,
Aug. 11, 2008)
7. Related rules:
a) Canon 10: A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE
COURT.
 (Santiago III v. Justice Enriquez, Jr., A.M. No. CA-
b) Canon 11: A LAWYER SHALL OBSERVE
AND MAINTAIN THE RESPECT DUE TO
THE COURTS AND TO JUDICIAL
OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.
 following principles:
c) Canon 13: A LAWYER SHALL RELY UPON
THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY
WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF
INFLUENCING THE COURT
d) Rule 1.02: A lawyer shall not counsel or
abet activities aimed at defiance of the law
or at lessening confidence in the legal
system.
e) Rule 11.04: A lawyer shall not attribute to a
Judge motives not supported by the record
or have no materiality to the case.
f) Rule 11.05: Rule 11.05 - A lawyer shall
submit grievances against a Judge to the
proper authorities only.
g) RULE 13.02 – A LAWYER SHALL NOT
MAKE PUBLIC STATEMENTS IN THE
TENDING TO AROUSE PUBLIC OPINION
FOR OR AGAINST A PARTY.
RULE 11.05. A LAWYER SHALL SUBMIT
GRIEVANCES AGAINST A JUDGE TO THE
PROPER AUTHORITIES ONLY
1. Who are considered as the proper authorities?
(PhilJA)
NATURE OF THE WHERE TO FILE
CASE
If administrative in It shall be filed with the
nature Office of the Court
Administrator of the SC
If criminal and not It shall be filed with the
purely administrative Office of the
Ombudsman
If it involves a Justice It must be coursed
of the Supreme Court through House of
based on impeachable Representative and the
offenses Senate in accordance
with the rules on
impeachment
An administrative complaint is not an appropriate
remedy where judicial recourse is still available,
such as a motion for reconsideration, an appeal, or
a petition for certiorari, unless the assailed order or
decision is tainted with fraud, malice, or dishonesty.
09-47-J, Feb. 13, 2009)

2. For the right to criticize the Courts, see Rule
11.04, supra. Specifically, for Rule 11.05, apply the
a) The duty of the bar to support the judge
against unjust criticism and clamor does
not, however, preclude a lawyer from
filing administrative complaints against
erring judges or from acting as counsel for
clients who have legitimate grievances
against them.
b) But the lawyer should file charges
against the judge before the proper
 authorities only and only after the proper
circumspection and without the use of
disrespectful language and offensive
personalities so as not to unduly burden
the court in the discharge of its function.
a.3 ASSISTANCE IN THE SPEEDY
AND EFFICIENT ADMINISTRATION
OF JUSTICE
CANON 12 – A LAWYER SHALL EXERT
EVERY EFFORT AND CONSIDER IT HIS
DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF
JUSTICE.
 successively, for the purpose of obtaining a
I. The filing of another action concerning the same
subject matter, in violation of the doctrine of res
judicata, runs contrary to this Canon (Lim v.
Montano, A.C. No. 5653, 27 February 2006).
A lawyer must properly advise his client not to
enter into a litigation knowing that the cause of
action was already finally decided by courts in
previous cases, otherwise, he is guilty of
unprofessional conduct.
 unless there is a willful or deliberate
II. Ratio: Litigation must end and terminate
sometime and somewhere, and it is essential to
an effective and efficient administration of
justice that one a judgment has become final the
winning party be not, through subterfuge, deprive of
that verdict.
RULE 12.01 – A LAWYER SHALL NOT APPEAR
FOR TRIAL UNLESS HE HAS ADEQUATELY
PREPARED HIMSELF ON THE LAW AND THE
FACTS OF HIS CASE, THE EVIDENCE HE WILL
ADDUCE AND THE ORDER OF ITS
PREFERENCES. HE SHOULD ALSO BE READY
WITH THE ORIGINAL DOCUMENTS FOR
COMPARISON WITH THE COPIES
A newly hired counsel who appears in a case in the
midstream is presumed and obliged to acquaint
himself with all the antecedent processes and
proceedings that have transpired in the record prior
to his takeover (Villasis v. CA, G.R. Nos. L- 36874-
76, 30 September 1974).
RULE 12.02 – A LAWYER SHALL NOT FILE
MULTIPLE ACTIONS ARISING FROM THE SAME
CAUSE
 d) Filing an action in court while the same
1. The mere filing of several cases based on the
same incident does not necessarily constitute
forum shopping. The question is whether the
several actions filed involve the same
transactions, essential facts and
circumstances.
If they involve essentially different facts,
circumstances and causes of action, there is no
forum shopping (Paredes v. Sandiganbayan, G.R.
No. 108251, 31 January 1996). NB: (1991, 1998,
2002 Bar)
The essence of forum shopping is the filing of
multiple suits involving the same parties for the
same cause of action, either simultaneously or
favorable judgment (Foronda v. Atty. Guerrero,
A.C. No. 5469, 10 August 2004).
If same evidence supports both actions, there is
also forum shopping. Hence, there is no forum
shopping if the causes of action are different.
2. Possible consequences of forum shopping
(1998 Bar):

a) Summary dismissal without prejudice
forum-shopping (Sec. 5, Rule 7, RRC).

b) Penalty for direct contempt of court on the
party and his lawyer in case of willful and
deliberate forum-shopping (Sec. 5, Rule 7,
RRC).

c) Criminal action for a false certification of
non-forum shopping and indirect
contempt
 .
d) Disciplinary proceedings for the lawyer
concerned (Sec. 5, Rule 7, RRC).

3. Instances of Forum shopping (2002 Bar)
a) When, as a result of an adverse opinion
in one forum, a party seeks a favorable
opinion (other than by appeal or certiorari)
in another. NB: the forum shopping can be
committed by a non-lawyer.
b) When he institutes two or more actions
or proceedings grounded on the same
cause, on the gamble that one or the other
court would make a favorable disposition”
[Benguet Electric Cooperative, Inc. v. NEA,
193 SCRA 250(1991)].
c) Filing a second suit in a court without
jurisdiction [New Pangasinan Review, Inc.
v. NLRC, 196 SCRA 55(1991)].
cause of action is still pending in an
 administrative proceeding [Earth Minerals
Exploration, Inc. v. Macaraig, 194 SCRA
1(1991)].
e) When counsel omits to disclose the
pendency of an appeal, in filing a
certiorari case [Collado vs. Hernando, 161
SCRA 639 (1988)]
RULE 12.03 – A LAWYER SHALL NOT, AFTER
OBTAINING EXTENSIONS OF TIME TO FILE
PLEADINGS, MEMORANDA OR BRIEFS, LET
THE PERIOD LAPSE WITHOUT SUBMITTING
THE SAME OR OFFERING AN EXPLANATION
FOR HIS FAILURE TO DO SO
1. The court censures the practice of counsels who
secure repeated extensions of time to file their
pleadings and thereafter simply let the period
lapse without submitting the pleading or even an
explanation or manifestation of their failure to do so
(Achacoso v. CA, G.R. No. L-35867, 28 June
1973).

2. Asking for extension of time must be in good
faith. Otherwise, it is an obstruction of justice
and the lawyer is subject to discipline (CPR
Annotated, PhilJA).
NB: the lawyer cannot blame his secretary, since
she is not a guardian of the lawyer’s
responsibilities.
The same rule applies more forcefully to motion
for continuance. Postponement is not a matter
of right but of sound judicial discretion (Edrial v.
Quilat- Quilat, G.R. No. 133625, 6 September
2000).
RULE 12.04 – A LAWYER SHALL NOT UNDULY
DELAY A CASE,
IMPEDE THE EXECUTION OF A JUDGEMENT
OR MISUSE COURT PROCESSES
1. It is understandable for a party to make full use
of every conceivable legal defense the law allows it.
However, of such attempts to evade liability to
which a party should respond, it must ever be kept
in mind that procedural rules are intended as an
aid to justice, not as means for its frustration.

 2. Once a judgment becomes final and executory,
the prevailing party should not be denied the
fruits of his victory by some subterfuge devised
by the losing party. Unjustified delay in the
enforcement of a judgment sets at naught the role
of the courts in disposing justiciable controversies
with finality (Aguilar v. Manila Banking Corporation,
G.R. No. 157911, 19 September 2006).

3. Lawyers should not resort to nor abet the
resort of their clients, to a series of actions and
petitions for the purpose of thwarting the
execution of a judgment that has long become
final and executory (Perez v. Lantin, G.R. No. L-
22320, May 22, 1968).
4. The writs of amparo and habeas data are
extraordinary remedies which cannot be used as
tools to stall the execution of a final and
executory decision in a property dispute (Castillo v.
Cruz, G.R. No. 182165, November 25, 2009).
RULE 12.05 – A LAWYER SHALL REFRAIN
FROM TALKING TO HIS
WITNESS DURING248 A BREAK OR RECESS IN
THE TRIAL, WHILE THE WITNESS IS STILL
UNDER EXAMINATION

1. The rule is designed to uphold and maintain
fair play with the other party and to prevent the
examining lawyer from being tempted to coach
his own witness to suit his purpose.
2. Guidelines in interviewing witnesses (2001,
2005 Bar)

a) A lawyer may interview a witness in
advance of the trial to guide him in the
management of the litigation;

b) A lawyer may also interview a “prospective
witness” for the opposing side in any civil
and criminal action without the consent of
opposing counsel or party;
c) A lawyer may properly obtain statements
from witnesses whose names were
furnished by the opposing counsel or
interview the employees of the opposing
party even though they are under
subpoena to appear as witnesses for the
opposite side;
d) If after trial resulting in defendant’s
conviction, his counsel has been advised
that a prosecution witness has committed
perjury, it is not only proper but it is the
lawyer’s duty to endeavor honorable
means to obtain such witness’ reaction,
even without advising the public
prosecutor of his purpose and even though
the case is pending appeal; and
e) An adverse party, though he may be used
as a witness, is not however a witness
within the meaning of the rule permitting a
 lawyer to interview the witness of the
opposing counsel.
RULE 12.06 – A LAWYER SHALL NOT
KNOWINGLY ASSIST A WITNESS TO
MISREPRESENT HIMSELF OR TO
IMPERSONATE ANOTHER
 authentication or custody of an instrument,
1. Sanctions to a lawyer who instructs a witness to
perpetuate misrepresentation— Art. 184, Revised
Penal Code provides: The lawyer who presented a
witness knowing him to be a false witness is
criminally liable for “Offering False Testimony in
Evidence.”
NB: The lawyer who is guilty of the above is both
criminally and administratively liable.
2. Criminal liability of witness who commits
misrepresentation: The witness who commits the
misrepresentation is criminally liable for “False
Testimony” either under Art. 181 [criminal cases—
False testimony favorable to the defendants], 182
[False testimony in civil cases] or 183 [Art. 183.
False testimony in other cases and PERJURY in
solemn affirmation], Revised Penal Code,
depending upon the nature of the case.
RULE 12.07 – A LAWYER SHALL NOT ABUSE,
BROWBEAT OR
HARASS A WITNESS NOR NEEDLESSLY
INCONVENIENCE HIM
RULE 12.08 – A LAWYER SHALL AVOID
TESTIFYING IN BEHALF OF HIS CLIENT,
EXCEPT (infra)
 will to ascertain facts without external and
1. (2001 Bar) Rationale: The function of a witness
is to tell the facts as he recalls them in answer to
questions. The function of an advocate is that of
a partisan. It is difficult to distinguish between
the zeal of an advocate and the fairness and
impartiality of a disinterested witness.
 issues impartially for a better administration
2. (2005 Bar) Matters to which a lawyer CANNOT
testify on [TARCC]
a) When, as an attorney, he is to testify on
the theory of the case;
b) When such would adversely affect any
lawful interest of the client with respect to
which confidence has been reposed on
him;
c) Having accepted a retainer, he cannot be
a witness against his client;
d) He cannot serve conflicting interests;
and

e) When he is to violate the confidence of
his client.
3. Exceptions to Rule 12.08. Matters to which a
lawyer CAN testify on:
a) On formal matters, such as the mailing,
and the like, or
b) On substantial matters, in cases where
his testimony is essential250 to the ends
of justice, in which event he must, during
his testimony, entrust the trial of the case
to another counsel;
c) c. Acting as an Expert on his fee;
d) Acting as an Arbitrator; and

e) Deposition.
a.4. RELIANCE ON MERITS OF CASE
AND AVOIDANCE FROM ANY
IMPROPRIETY WHICH TENDS TO
INFLUENCE OR GIVES THE
APPEARANCE OF INFLUENCE UPON
THE COURTS
CANON 13 – A LAWYER SHALL RELY
UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE
APPEARANCE OF INFLUENCING THE
COURT.

I. Two kinds of independence in relation to judges:
a) Individual independence of Judges; free
extraneous interference; not to give
extraordinary attention to judge (EG:
make him godfather of your child’s wedding)
b) Institutional independence; freedom of
judges/courts from any influence from other
branches of government; so they can try
of justice; that cases are resolved by
merit, not by influence.

II. Fiscal autonomy of courts: EG: PDAF case
III. Rule on lawyers talking to a judge [according to
Justice M. Fernandez]:
a) GR: lawyer should not talk to the judge
privately;
b) XPN: he can do it in the presence of other
party/counsel.

IV. It is unethical for a lawyer to give an
appearance as if he is capable of influencing
judges and court personnel. Giving of gifts to the
judges are discouraged as it tend to give an
appearance of influencing the conduct of judicial
function of breeding familiarity with judges
(Antiquiera, 1992).
V. Related rules:
a) Section 3, Canon 4 of the New Code of
Judicial Conduct for the Philippine
Judiciary: “judges shall, in their personal
relations with individual members of the
legal profession who practice regularly in
their courts, avoid situations which might
reasonably give rise to the suspicion or
appearance of favoritism or partiality.”
NB: a judge cannot act as a prosecutor.
b) NB: There is no ethical constraint against
a lawyer appearing before a judge who is
a relative, compadre or former office
colleague as long as the lawyer avoids
giving the impression that he can
influence the judge. However, a judge is
required by the Code of Judicial Conduct
not to take part in any proceeding where
his impartiality may be reasonably
questioned (Rule 3.12 Code of Judicial
Conduct). Among the grounds for
mandatory disqualification of the judge is
if any of the lawyers is a relative by
consanguinity or affinity within the
fourth degree.
RULE 13.01 – A LAWYER SHALL NOT EXTEND
EXTRAORDINARY ATTENTION OR
HOSPITALITY TO, NOR SEEK OPPORTUNITY
FOR CULTIVATING FAMILIARITY WITH
JUDGES

1. The rule is designed to protect the good name
and reputation of the judge and the lawyer.
2. A lawyer who resorts to practices of seeking
familiarity with judges dishonors his profession
and a judge who consents to them is unworthy of
his high office.

3. It is improper for a litigant or counsel to see a
judge in chambers and talk to him about a
matter related to the case pending in the court of
said judge (Austria v. Masaquel, G.R. No. 22536,
August 31, 1967).
RULE 13.02 – A LAWYER SHALL NOT MAKE
PUBLIC STATEMENTS IN THE MEDIA
REGARDING A PENDING CASE TENDING TO
AROUSE PUBLIC OPINION FOR OR AGAINST A
PARTY (2003 Bar)
1. Prejudicial Publicity: There must be an
allegation and proof that the judges have been
unduly influenced, not simply that they might be,
by barrage of publicity (CPR Annotated, PhilJA).
NB: The restriction does not prohibit issuances of
statements by public officials charged with the
duty of prosecuting or defending actions in
court.

2. See notes on criticizing the courts, supra, under
Rule 11.04.
RULE 13.03 – A LAWYER SHALL NOT BROOK
OR INVITE INTERFERENCE BY ANOTHER
BRANCH258 OR AGENCY OF THE
GOVERNMENT IN THE NORMAL COURSE OF
JUDICIAL PROCEEDINGS

1. The reason for this rule is that such action will be
contrary to the principle of separation of
powers.

2. The independence of the judiciary from
interference is made to apply against all branches
and agencies of the government (Funa, 2009).
4. LAWYER’S DUTY TO
THE CLIENTS
a. Canons 14-22
On Duties and Responsibilities
of a Lawyer to the Clients
I. What, in effect, does a lawyer represent to a
client when he accepts a professional employment
for his services? (2003 Bar).
A: By accepting a retainer, he impliedly represents
that
a. He possesses the competence required for
the practice of his profession
b. He will exert his best judgment in the
prosecution or defense of his client’s cause
 c. He will exercise reasonable and ordinary
diligence and
d. He will take such steps as will adequately
guard his client’s interest
In brief, that he will abide by his lawyer’s oath that
he will conduct himself to the best of his
knowledge and discretion with all good fidelity as
well to the courts as to his client.
 carry out the work
II. Three principal types of professional activity of a
lawyer (LAP)
a. Legal advice and instructions to clients to
inform them of their rights and obligations
b. Appearance for clients before public
tribunals which possess power and
authority to determine rights of life, liberty,
property according to law in order to assist
in proper interpretation and enforcement of
law; and
c. Preparation for clients of documents
requiring knowledge of legal principles not
possessed by ordinary layman (CPR
Annotated, PhilJA). D
III. On attorney-client relationship, see intro notes,
supra.
a.1 Availability of service without
discrimination
CANON 14 – A LAWYER SHALL NOT
REFUSE HIS SERVICES TO THE NEEDY.
I. On availability of legal service
a. Social responsibility of lawyers; not
prestige.
b. Public responsibility of rendering service,
even to indigents and the less-privileged.
II. Rationale: The poor and indigent should not be
further disadvantaged by lack of access to the
Philippine legal system.
III. Lawyer’s right to decline employment:
a. GR: A lawyer is not obliged to act as legal
counsel for any person who may wish to
become his client. He has the right to
decline employment.
b. XPNs: (when he cannot decline)
i. A lawyer shall not refuse his services
to the needy. (Canon 14)
ii. He shall not decline to represent a
person solely on account of the latter’s
race, sex, creed or status in life or
because of his own opinion
regarding the guilt of said person
(Rule 14.01), (1990, 1993, 1996,
2000, 2002, 2004, 2005, 2006 Bar)
iii. He shall not decline (representing the
indigent), except for serious and
efficient cause like:
a. If he is not in a position to
effectively or competently;
and
b. If he labors under a conflict
of interest between him and
the prospective client or
between a present client
and the prospective client
(Rule 14.03)
IV. Instances when a lawyer has the DUTY TO
DECLINE employment (no matter how attractive
the fee offered may be) if its acceptance will
involve: (RACCAA)
a. A violation of any Rules of the legal
profession;
b. Advocacy in any manner in which he had
intervened while in the government service
c. Nullification of a Contract which he prepared
d. Employment with a Collection agency which
solicits business to collect claim
e. Employment, the nature of which might
easily be used as a means of Advertising
his professional services of his skill; or
f. Any matter in which he knows or has
reasons to believe that he or his partner will
be an essential witness for the prospective
client
V. Ethical considerations in taking a bad case
(1996, 2001 Bar):
a. YES: Criminal case – a lawyer may accept
a losing criminal case because every
accused is presumed innocent until proven
guilty and is entitled to counsel.
b. NO: Civil case – The rules and ethics of the
profession enjoin a lawyer from taking a bad
case. In all probability, a losing case is one
which has no basis or cause of action.
Under the Attorney's Oath, the Code of
Professional Responsibility and Rules of
Court, it is the duty of a lawyer not to
promote or sue any groundless, false or
unlawful suit, or give aid or consent to the
same.
VI. Compare with number 5: Instances when a
lawyer may accept a losing case:
 c. a. A lawyer may accept a “losing” criminal
case since an accused is presumed to be
innocent until his guilt is proven beyond
reasonable doubt. Furthermore, CPR
provides that a lawyer shall not decline to
represent a person because of his
opinion regarding the guilt of said person.
Otherwise innocent persons might be
denied proper defense. (Rule 14.01, Code
of Professional Responsibility);
d. b. A lawyer may also accept a losing civil
case, provided that, in so doing, he must
not engage in dilatory tactics and must
advise his client about the prospects and
advantage of settling the case through a
compromise.
 SERVICES REGARDLESS OF A PERSON’S
VII. Reasons why a lawyer may NOT accept a
losing case:
a. The attorney’s signature in every pleading
constitutes a certificate by him that there is
good cause to support it and that it is not
interposed for delay, and willful violation of
such rule shall subject him to disciplinary
action;
b. It is the attorney’s duty to “counsel or
maintain such actions or proceedings only
as appears to him to be just and only such
defenses as he believes to be honestly
debatable under the law”;
c. A lawyer is not to encourage either the
commencement or the continuance of an
action or proceeding, or delay any man’s
cause, for any corrupt motive or interest;
and
d. A lawyer must decline to conduct a civil
cause or to make a defense when
convinced that it is intended merely to
harass or injure the opposite party or to
work oppression or wrong.
On legal aide
1. What are legal aid cases?
 Legal Aid cases are those actions, disputes
and controversies that are criminal, civil and
administrative in nature in whatever stage,
wherein an indigent and pauper litigants
need legal representation.
2. What is the rationale for the establishment and
operation of legal aid offices in all chapters of the
IBP? (2003 Bar)
 It is based on the lawyer’s social and public
responsibility to provide free legal services
to destitute litigants who cannot hire private
lawyers to assist them. Legal aid is not a
matter of charity. It is a means for the
correction of social imbalances that may
and often do lead to injustice, for which
reason it is a public responsibility of the Bar.
The spirit of public service should, therefore,
underlie all legal aid offices. The same
should be so administered as to give
maximum possible assistance to the
indigent and deserving members of the
community in all cases, matters and
situations in which legal aid may be
necessary to forestall an injustice. (Public
Service. Sec. 1 Art. 1 IBP Guidelines on
Legal Aid)
STATUS:
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
 Discussed under Canon 14
SERVICES AS COUNSEL DE OFFICIO
RULE: 14.02 – A LAWYER SHALL NOT
DECLINE, EXCEPT FOR SERIOUS AND
SUFFICIENT CAUSE, AN APPOINTMENT AS
COUNSEL DE OFICIO 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
I. (Bar 1987) What is the protection given by law to
poor litigants who cannot afford the services of a
lawyer?268 A court may assign an attorney to
render professional aid free of charge to any party
in case, if upon investigation it appears that the
party is destitute and unable to employ an attorney
and that the services of counsel are necessary to
secure the ends of justice and to protect the rights
of the party. It shall be the duty of the attorney so
assigned to render the required service, unless he
is excused therefrom by the court for sufficient
cause shown. (Sec. 31, Rule 138, RRC)
II. Who may be appointed as counsel de officio?
a. Members of the bar in good standing;
b. Any person, resident of the province and of
good repute for probity and ability, in
localities without lawyers.
III. What are considered in appointing a counsel de
officio?
a. a. Gravity of offense
b. Difficulty of questions that may arise; and
c. Experience and ability of appointee
IV. Differentiate the case to see if the counsel can
refuse the appointment:
a. If it’s a criminal case—GR: he cannot
decline, except for “serious and sufficient
cause”: Example of the latter—“conflict of
interest” with another client.
b. If it’s a civil case: a lawyer can decline if
he believes the action or defense to be
unmeritorious. He is ethically bound to
maintain only actions and proceedings
which appear to him to be just and only
such defenses which he believes to be
honestly debatable under the law.
VALID GROUNDS FOR REFUSAL:
RULE 14.03 – A LAWYER MAY NOT REFUSE TO
ACCEPT REPRESENTATION OF AN INDIGENT
CLIENT UNLESS:
A. HE IS IN NO 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
I. The preliminary ideas are discussed under Canon
14, supra.
II. Rule 14.03 applies only to criminal cases
a. The defense of indigents applies only to
criminal cases;
b. If the client is a squatter, intruder or illegal
occupant, whose claim to title of a land is
not a valid claim: he can refuse.
c. But if the indigent-complainant is the one
offering you employment as a public
prosecutor? Lawyer can refuse, because
the lawyer can only work on the CIVIL (not
criminal) aspect of the case. Why? It is the
State that has the right to punish offenders.
He can refuse because it is only the civil
aspect that he can work on (not the criminal
aspect, which is the duty of the prosecutor).
RULE 14.04 – A LAWYER WHO ACCEPTS THE
CAUSE OF A PERSON UNABLE TO PAY HIS
PROFESSIONAL FEES SHALL OBSERVE THE
SAME271 STANDARD OF CONDUCT
GOVERNING HIS RELATIONS WITH PAYING
CLIENTS
I. Lawyers who devote their professional practice to
representing litigants who could ill afford legal
services deserve commendation. However, it is not
enough to say that all pauper litigants should be
assured of legal representation. They deserve
quality representation as well. (Canoy v. Ortiz, A.C.
No. 5485, Mar. 16, 2005)
II. The fact that his services are rendered without
remuneration should not occasion a diminution in
his zeal. (Ledesma v. Climaco, G.R. No. L-23815,
June 28, 1974).
III. NB: if a lawyer may have been negligent of his
work, but still exerted some effort to fulfill it, he is
liable only for simple neglect
a.2 Candor, fairness and loyalty to
clients
CANON 15 – A LAWYER SHALL OBSERVE
CANDOR, FAIRNESS AND LOYALTY IN ALL
HIS DEALINGS AND TRANSACTIONS WITH
HIS CLIENTS.
I. What does the CPR provide pertinent to the
lawyer’s duty as regards his dealings and
transactions with clients?
A: A lawyer owes absolute fidelity to the cause of
his client. He owes his client full devotion to his
interest, warm zeal in the maintenance and defense
of his rights.

II. It demands of an attorney an undivided
allegiance, a conspicuous and high degree of
good faith, disinterestedness, candor, fairness,
loyalty, fidelity and absolute integrity in all his
dealings and transactions with his clients and an
utter renunciation of every personal advantage
conflicting in any way, directly or indirectly, with
the interest of his client. (Oparel Sr. V. Abaria, A.C.
No. 959, July 30, 1971)

III. If they find that their client’s cause is
defenseless, then it is their bounden duty to
advise the latter to acquiesce and submit rather
than to traverse the incontrovertible. (Rollon v.
Atty. Naraval, A.C. No. 6424, Mar. 4, 2005)
CONFIDENTIALITY RULE
I. It means the relation between lawyer and client or
guardian and ward, or between spouses, with
regard to the trust that is placed in the one by the
other (Black’s Law Dictionary 7th Edition 1990,
2004).
II. A lawyer shall preserve the confidences and
secrets of his client even after the attorney-client
relation is terminated (Canon 21, CPR).
III. It is one of the duties of a lawyer, as provided for
in the Rules of Court, to maintain inviolate the
confidence, and at every peril to himself, to
preserve the secrets of his client (Sec. 20(e), Rule
138, RRC).
IV. Coverage: all communications by the client in
the course of professional employment, or when he
seeks legal advice. Hence, if lawyer is consulted
during a wedding ceremony, that is not in the
course of employment.
V. There needs to be an EXPRESS INTENTION to
keep the matters secret. If there is no intention,
there is no presumption of confidentiality.
PRIVILEGED COMMUNICATION
RULE 15.02 – A LAWYER SHALL BE BOUND BY
THE RULE ON PRIVILEGE (sic)
COMMUNICATION IN RESPECT OF MATTERS
DISCLOSED TO HIM BY A PROSPECTIVE
CLIENT
I. A privileged communication is one that refers to
information transmitted by voluntary act of
disclosure between attorney and client in
confidence and by means of which, in so far as the
client is aware, discloses the information to no third
person other than one reasonably necessary for the
transmission of the information or the
accomplishment of the purpose for which it was
given.
II. Related Rule—Sec 24, Rule 130: An attorney
cannot, without the consent of his client, be
EXAMINED as to any communication made by the
client to him, or his advice given thereon in the
course of, or with a view to, professional
employment, nor can an attorney’s secretary,
stenographer, or clerk be EXAMINED, without the
consent of the client and his employer, concerning
any fact the knowledge of which has been acquired
in such capacity.
III. Two-fold purpose of the rule:
a. To encourage a client to make a full
disclosure of the facts of the case to his
counsel without fear, and
b. To allow the lawyer freedom to obtain full
information from his client (Pineda, 2009).
IV. Requisites of privileged communication:
a. There is attorney-client relationship or a
kind of consultancy requirement with a
prospective client; NB: Mere relation of
attorney-client does not raise a presumption
of confidentiality. (Pineda, 2009) For an
information to be considered as privileged, it
must be intended by the client as such.
(CPR Annotated, PhilJA)
b. The communication was made by the client
to the lawyer in the course of the lawyer’s
professional employment; NB: it applies to
prospective clients.
c. The communication must be intended to be
confidential.
What is the test in determining whether a
communication to an attorney is covered by the rule
on privileged communication?
A: The test is whether the communications are
made to an attorney with view of obtaining from him
personal assistance or advice regardless of
whether there is a pending or merely impending
litigation or any litigation.
V. Characteristics of privileged communication
(2013 Bar):
a. Attorney-client privilege where legal advice
is professionally sought from an attorney.
b. The client must intend the above
communication to be confidential.
c. Attorney-client privilege embraces all forms
of communication and action.
d. As a general rule, attorney-client privilege
also extends to the attorney’s secretary,
stenographer, clerk or agent with reference
to any fact acquired in such capacity.
e. The above duty is perpetual and
communication is absolutely privileged from
disclosure.
NB: Duration: The privilege continues to exist even
after the termination of the attorney-client
relationship.
NB: The privilege character of the communication
ceases only when waived by the client himself or
after his death, by his heir or legal representative
(Lapena, Jr. 2009).
VI. Burden of proof: 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. The mere allegation
that the matter is privileged is not sufficient. (People
v. Sleeper, G.R. No. 22783, Dec. 3, 1924; Lapena
Jr., 2009)
VII. Coverage of the attorney-client privilege:
a. Lawyer;
b. Client; and
c. Third persons who by reason of their work
have acquired information about the case
being handled such as:
i. Attorney’s secretary, stenographer
and clerk;
ii. Interpreter, messengers and agents
transmitting communication; and
iii. An accountant, scientist, physician,
engineer who has been hired for
effective consultation (Sec. 24(b),
Rule 130, RRC).
VIII. The privilege is OWNED BY THE CLIENT.
You can use this to prevent an opposing counsel
from being the counsel of the other party because
of the privileged communication between them and
their former client.
a. This disqualification rule applies to
prospective clients of a lawyer, even if the
prospective client does not thereafter retain
the lawyer or the latter declines the
employment.
b. NB: When is client identity privileged? A:
Client identity is privileged where a strong
probability exists that revealing the client’s
name would implicate that client in the very
activity for which he sought the lawyer’s
advice. (Regala v. Sandiganbayan, G.R.
No. 105938, Sept. 20, 1996)
c. Personal secrets revealed for the purpose
of seeking legal advice are covered by
attorney-client privilege.
d. It covers crimes and offenses already
committed by the client.
IX. When communication is not privileged:
a. After pleading has been filed because such
becomes part of public records;
b. When communication was intended by the
client to be sent to a third person through
his counsel;
c. When the communication sought by client is
intended to aid future crime or perpetration
of fraud;
d. When communication between attorney and
client is heard by a third party;
e. When there is consent or waiver of the
client;
f. When the law requires disclosure;
g. When disclosure is made to protect the
lawyer’s rights 

NB: Even if the communication is unprivileged, the
rule of ethics prohibits lawyers from voluntarily
revealing or using to his benefit or to that of a third
person, to the disadvantage of the client, the said
communication unless the client consents thereto.
(Sec. 3, Rule 138-A, RRC)
X. Confidentiality vs. Privileged Communication
a. Confidentiality: duty of the lawyer to keep
confidential all information obtained, even
after the termination of ACR;
b. Privileged communication: right of a lawyer
and his legal staff not to be compelled to
disclose information in the guise of
prosecution of crimes
i. Same requirements but privileged
communication can also be invoked
by the legal staff;
ii. The same cannot cover information
relating to FUTURE CRIMES, or in
perpetuation of a fraud. Why? It is
not within the profession of a lawyer
to advice one to commit a crime or
perpetrate fraud.
CONFLICT OF INTEREST
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.

I. What constitutes representing conflict of interest?
(1987, 1991, 1992, 1993, 1994, 1997 Bar).
A: There is conflicting interest if there is
inconsistency in the interests of two or more
opposing parties. The test is whether or not in
behalf of one client, it is the lawyer's duty to fight for
an issue or claim but it is his duty to oppose it for
the other client (Canon 6, Canons of Professional
Ethics).
NB: Once a lawyer gives advice to someone, this
rule may already arise, even if there was no
compensation involved. To be guilty of representing
conflicting interest:
 a. a counsel-of-record of one party need not
also be counsel-of-record of the adverse
party.
b. He does not have to publicly hold himself as
the counsel of the adverse party, nor make
his efforts to advance the adverse party’s
conflicting interests of record—although
these circumstances are the most obvious
and satisfactory proof of the charge.
c. It is enough that the counsel of one party
had a hand in the preparation of the
pleading of the other party, claiming
adverse and conflicting interests with that of
his original client. NB: in fact, it is enough
that one was a former partner of a firm that
handle the case.
d. Possible conflict of interest is not terminated
by the death of the client—it may pass on to
his heirs.
e. The lawyer’s duty to avoid conflict of interest
extends to his wife, say, who is a CPA and
whose client has a claim against the
lawyer’s client.
II. Rule on conflicting interests [Bar 2009]
a. GR: An attorney cannot represent diverse
interests. It is highly improper to represent
both sides of an issue. The proscription
against representation of conflicting interest
finds application where the conflicting
interest arise with respect to the same
general matter and is applicable however
slight such adverse interest may be. It
applies although the attorney’s intention and
motives were honest and he acted in good
faith.
b. XPN: Representation of conflicting interest
may be allowed where the parties consent
(written consent) to the representation after
full disclosure of facts. (Nakpil v. Valdez,
A.C. No. 2040, Mar. 4, 1998). See next item
on written consent.
c. XPN to XPN: where despite consent of
clients, they cannot be represented by the
same lawyer when the conflict is:
i. Between the attorney’s interest and
that of a client; or
ii. Between a private client’s interests
and that of the government or any of
its instrumentalities.
III. More on written consent as an XPN: there is
written consent of all concerned parties, although
this bar problem does not show that the consent
was written down. The rule seems to be strict
because it covers unrelated cases.
[Yes: It is improper for a lawyer to appear as
counsel for one party against the adverse party
who is his client in another totally unrelated action]
as long as the clients are the same—hence, the
best solution in case of doubt is to get the written
consent of all parties concerned. NB: the test is
probability, not certainty of conflict—whether the
acceptance of a new relation would invite suspicion
of unfaithfulness or double-dealing in the
performance of that duty.]
IV. Rationale: The reason for the prohibition is
found in the relation of attorney and client, which is
one of trust and confidence of the highest degree.
A lawyer becomes familiar with all the facts
connected with his client's case.
V. Possible causes of action against a lawyer who
violated this rule to the prejudice of another:
a. file an action to set aside the judgment;
b. file an action for damages against the
lawyer;
c. file an administrative complaint on the
lawyer’s misconduct.
VI. Tests to determine conflict of interest (2009 Bar)
a. Conflicting Duties – When, on behalf of one
client, it is the attorney’s duty to contest for
that which his duty to another client requires
him to oppose or when possibility of such
situation will develop;
b. Invitation of Suspicion – Whether the
acceptance of the new relation will prevent
a lawyer from the full discharge of his duty
of undivided fidelity and loyalty to his client
or will invite suspicion of unfaithfulness or
double-dealing in the performance thereof;
c. Use of Prior Knowledge Obtained –
Whether a lawyer will be called upon in his
new relation to use against the first client
any knowledge acquired in the previous
employment.
VII. Types of conflict of interest:
a. Concurrent or multiple representations –
Generally occurs when a lawyer represents
clients whose objectives are adverse to
each other, no matter how slight or remote
such adverse interest may be. The following
are the TESTS for concurrent or multiple
representations:
i. 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 the other
client;
 ii. Whether the acceptance of a new the same corporation’s Board of Directors in
relation would prevent the full a derivative suit brought against them.
discharge of the lawyer’s duty of
undivided fidelity or loyalty to the X. Effects of representing adverse interests:
client; a. Disqualification as counsel of new client on
iii. Whether the acceptance of new petition of former client; 

relation would invite suspicion of b. Where such is unknown to, and becomes
unfaithfulness or double-dealing in prejudicial to the interests of the new client,
the performance of the lawyer’s a judgment against such may, on that
duty of undivided fidelity and ground, be set aside; 

loyalty; and c. The attorney’s right to fees may be defeated
iv. Whether, in the acceptance of a if found to be related to such conflict and
new relation, the lawyer would be such was objected to by the former client, or
called upon to use against a client if there was a concealment and prejudice by
confidential information acquired reason of the attorney’s previous
through their connection. 
 professional relationship with the opposite
b. Sequential or successive representation – party; 

Involves representation by a law firm of a d. A lawyer can be held administratively liable
present client who may have an interest through disciplinary action and may be held
adverse to a prior or former client of the criminally liable for betrayal of trust.
firm. (CPR Annotated, PhilJA)
XI. Other matters on conflict of interest
VIII. Illustrations—Existence of conflict of Interest: a. Conflict search: It is examining the causes
a. A vs. B, where A and B are present clients. of action between the prospective client and
b. C vs. D; E vs. D, where C is the present the lawyer’s current clients.
client and D is not a present client in the b. Purpose of conflict search: By conducting a
same case but is a present client in another conflict search, the lawyer will be able to
case. 
 determine, in the first instance, if he is
c. F v. G; H v. G, where F is the present client barred from accepting the representation
and G was a former client and the cases are through conflicts with his present clients or
related. the lawyer’s own interest. (CPR Annotated,
d. I v. J; K v. J, where I is the present client PhilJA)
and J was a former client in a case that is
unrelated. 
 RULE 15.04 – A LAWYER MAY, WITH THE
e. L, M, N v. O, P, Q, where L, M, N are WRITTEN CONSENT OF
present clients but L and M joins O, P, Q. ALL CONCERNED, ACT AS MEDIATOR,
(People v. Davis) CONCILIATOR OR ARBITRATOR IN SETTLING
DISPUTES
9. Other instances of conflict of interest:
a. A corporate lawyer cannot join a labor union Where the lawyer performs the function of
of employees in that corporation; 
 mediator, conciliator, or arbitrator in disputes where
b. A lawyer of an insurance corporation who the lawyer labors under a conflict of interest, he
investigated an accident cannot represent remains subject to the requirement of a prior written
the complainant/injured person; 
 informed consent from all parties concerned. The
c. As a receiver of a corporation, he cannot requirement subsists even if the adverse interest is
represent the creditor; 
 very slight, and notwithstanding the lawyer’s honest
d. As a representative of the obligor, he cannot intention and motive. (CPR Annotated PhilJA)
represent the obligee; and 

e. As a lawyer representing a party in a CANDID AND HONEST ADVICE TO CLIENTS
compromise agreement, he cannot,
subsequently, be a lawyer representing RULE 15.05 – A LAWYER WHEN ADVISING HIS
another client who seeks to nullify the CLIENT, SHALL GIVE A CANDID AND HONEST
agreement. OPINION303 ON THE MERITS AND PROBABLE
f. A lawyer engaged as counsel for a RESULTS OF THE CLIENT’S CASE, NEITHER
corporation cannot represent members of OVERSTATING NOR UNDERSTATING THE
PROSPECTS OF THE CASE


I. The lawyer must temper his client’s propensity to
litigate. (Cobb-Perez v. Lantin, G.R. No. L-22320,
July 29, 1968). As officers of the court, counsels
are under obligation to advise their clients against
making untenable and inconsistent claims. The
counsel should inform his client and dissuade him
from filing the case if it is totally devoid of merit. If
he finds that his client’s cause is fairly meritorious
and ripe for judicial adjudication, he should refrain
from making bold and confident assurance of
success.
II. As officers of the court, counsels are under the
obligation to advise their client against making
untenable and inconsistent claims. Lawyers are not
merely hired employees who must unquestionably
do the bidding of the client, however unreasonably
this may be when tested by their own expert
appreciation of the facts and applicable law and
jurisprudence. COUNSEL MUST COUNSEL.
(Periquet v NLRC, G.R. No. 91298, June 22, 1990).
RULE 15.06 – A LAWYER SHALL NOT STATE
OR IMPLY THAT HE IS ABLE TO INFLUENCE
ANY PUBLIC OFFICIAL, TRIBUNAL OR
LEGISLATIVE BODY
This rule is known as [PROHIBITION AGAINST]
INFLUENCE- PEDDLING. It is improper for a
lawyer to show in any way that he has connections
and can influence any tribunal or public official,
judges, prosecutors, congressmen and others,
especially so if the purpose is to enhance his legal
standing and to entrench the confidence of the
client that his case or cases are assured of victory.
COMPLIANCE WITH LAWS
RULE 15.07 – A LAWYER SHALL IMPRESS
UPON HIS CLIENT COMPLIANCE WITH THE
LAWS AND PRINCIPLES OF FAIRNESS
Scenarios:
I. Lawyers should not be permitted to resort to
unscrupulous practices for the protection of the
supposed rights of their clients in order to defeat
one of the purposes of the State: the administration
of justice. Why? They are first and foremost officers
of the court.
II. Related rule: RULE 19.01 – A LAWYER SHALL
EMPLOY ONLY FAIR AND HONEST MEANS306
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
CONCURRENT PRACTICE OF ANOTHER
PROFESSION
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
I. Rationale: Intended to avoid confusion; it is for
the benefit of both the client and the lawyer (Funa,
2009). NB: The lawyer should inform the client
when he is acting as a lawyer and when he is not,
because certain ethical considerations governing
the client-lawyer relationship may be operative in
one case and not in the other. (Report of the IBP
Committee, p.84)
II. A party’s engagement of his counsel in another
capacity concurrent with the practice of law is not
prohibited, so long as the roles being assumed by
such counsel is made clear to the client. (New
Sampaguita Builder Construction, Inc. v. Philippine
National Bank, G.R. No. 148753, July 30, 2004)
*A Lawyer is not barred from dealing with his client
but the business transaction must be characterized
with the utmost honesty and good faith. Business
transactions between an attorney and a client are
disfavored and discouraged by policy of law
because by virtue of a lawyer’s office, he is an easy
position to take advantage of the credulity and
ignorance of his client. Thus, there is no
presumption of innocence or improbability of wrong
doing in favor of lawyers. (Nakpil v. Valdez, A.C.
No.2040, March 4, 1998)
a.3 Client’s money and properties
CANON 16 – A LAWYER SHALL HOLD IN
TRUST ALL MONEYS AND PROPERTIES OF
HIS CLIENT THAT MAY COME INTO HIS
POSSESSION.

I. Significance of the order of the rules on money
and properties of the client

a. When the lawyer receives money, his first
duty is to account for it, not only to deliver
the same when due and when the client
demands.
 i. It is the ACCOUNTING that is
immediate. Account, if possible, on the
same day; if it’s for a specific purpose,
it should be used for that alone.307
ii. It requires FORMAL, not mere moral,
ACCOUNTING.
b. When the lawyer has accounted for the
money, the next step is to DEPOSIT/KEEP
it within SAFE means & methods.
i. Safest: bank deposit; in whose name?
It can be in the name of the lawyer but
he should NOT COMMINGLE the
same with his personal account. It
should be IN THE NAME OF the
client. (Note that even express
trustees hold properties in their name)
ii. There should be SEPARATE
ACCOUNTS: the lawyer’s and his
clients’.
iii. To whom do interests earned belong?
To the client, not the lawyer.
c. When is delivery of funds due? [Rule 16.03]
i. Upon demand;
ii. Upon WRITTEN contract executed
between the lawyer and the client—it
depends on their contract, say, return
the money after six months.
II. Money collected by the lawyer on a judgment
favorable to his client constitutes trust funds and
should be immediately paid over to the client.
While Section 37, Rule 138 of the Rules of Court
grants the lawyer a lien upon the funds, documents
and papers of his client, which have lawfully come
into his possession, such that he may retain the
same until his lawful fees and disbursements have
been paid, and apply such funds to the satisfaction
thereof, the lawyer still has the responsibility to
promptly account to his client for such moneys
received. Failure to do so constitutes professional
misconduct.
NB: The lawyer’s failure to turn over such funds,
moneys, or properties to the client despite the
latter’s demands give rise to the presumption that
the lawyer had converted the money for his
personal use and benefit. This failure also renders
the lawyer vulnerable to judicial contempt under
Section 25, Rule 138 of the Rules of Court. (CPR
Annotated, PhilJA)
III. Related Rules: Art 1491 NCC: a lawyer cannot
acquire or purchase, even at public or judicial
auction, either in person or through the mediation of
another the property and rights which may be the
object of any litigation in which he takes part by
virtue of his profession. Fraud need not be proven.
But the prohibition applies only if the
sale/assignment take place during the pendency of
the litigation.
a. GR: What are the elements of prohibition
against the purchase of property in
litigation under Art. 1491 of the NCC?
i. There is an attorney-client
relationship; 

ii. The property is in litigation; 

iii. The attorney is the counsel of
record in the case; and 

iv. The attorney, by himself or
through an agent, purchases
such property during the
pendency of said case.
b. XPNs: What are the instances where the
rule under Article 1491 of NCC is
inapplicable?
i. Where the property purchased
by the lawyer was not involved
in the litigation.
ii. Where the sale took place
before it became involved in the
suit; 

iii. Where the attorney at the time
of the purchase was not the
counsel in the case; 

iv. Where the purchaser of the
property in litigation was a
corporation even though the
attorney was an officer thereof;


v. Where the sale took place after
the termination of the litigation;


vi. A lawyer may accept an
assignment from his client of a
money judgment rendered in the
latter’s favor in a case in which
he was not counsel, in payment
of his professional services
performed in another case; 

vii. In a contract for attorney’s fees
contingent upon the outcome of
the litigation (contingent fee
arrangement); and 

viii. When any of the four elements
of Art. 1491 is missing. 

c. Q: What are the effects of violation of such
provision?
i. Malpractice on the part of the
lawyer and may be disciplined
for misconduct; 

ii. Transaction is null and void.
IV. Other related Rules:
a. Canon 16: A LAWYER SHALL HOLD IN
TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS POSSESSION.
b. Canon 17: A LAWYER OWES
FIDELITY310 TO THE CAUSE OF HIS
CLIENT AND HE SHALL BE MINDFUL OF
THE TRUST AND CONFIDENCE311
REPOSED IN HIM.
c. Rule 1.01: A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
FIDUCIARY RELATIONSHIP
RULE 16.01 – A LAWYER SHALL ACCOUNT
FOR ALL MONEY OR PROPERTY COLLECTED
OR RECEIVED FOR OR FROM THE CLIENT
1. This rule refers to the FIDUCIARY
RELATIONSHIP between the client and the lawyer.
Hence, a lawyer must be scrupulously careful in
handling money entrusted to him in his professional
capacity, because of the high degree of fidelity and
good faith expected on his part. (Medina v.
Bautista, A.C. No. 190, Sept. 26, 1964). Therefore,
a lawyer’s inexcusable act of withholding the
property of client and imposing unwarranted fees in
exchange for release of documents deserve the
imposition of disciplinary action (Miranda v. Carpio,
A.C. No. 6281, September 26, 2011)
2. What is the nature of attorney-client relationship?
A: An attorney-client privilege is highly fiduciary as
it is founded on trust and confidence where the
lawyer acts as the trustee and the client acting as
trustor in regard to the matter subject of the
professional engagement. (Antiquiera, 2007). See
more on A-C relationship under Practice of Law,
supra.
3. What is fiduciary duty?
A: The principle that an attorney derives no undue
advantage that may operate to the prejudice or
cause an occasion for loss of a client. The
relationship between the lawyer and client is one of
mutual trust and confidence of the highest degree.
The relationship being highly fiduciary in nature, it
requires utmost good faith, loyalty, fidelity and
disinterestedness on the part of the attorney. Its
fiduciary nature is intended for the protection of
the client.
4. When will the liability of a lawyer for “breach of
fiduciary obligation” arise? A: A lawyer may be held
liable if he fails in his obligation to make an
accounting of funds or property that may come to
his possession for a lawyer holds his client’s funds
or property in trust for his client.
a. How to best word it: The Code of
Professional Responsibility mandates every
lawyer to hold in trust all money and
properties of his client that may come into
his possession. A lawyer’s failure to return
upon demand the funds or property held by
him on behalf of his client gives rise to the
presumption that he has appropriated the
same for his own use to the prejudice of,
and in violation of the trust reposed in him
by his client. Related Rule is 16.03.
b. What are the effects of lawyer’s failure to
return client’s money or property after
demand?
i. There will be a presumption that
the lawyer misappropriated the
same. 

ii. It will give rise to civil liability of the
lawyer. 

iii. Criminal liability, infra.

iv. Administrative liability
c. Q: What is the remedy of the client?
A: Recover property from lawyer, together
with its fruits, subject to client’s returning to
his lawyer the purchase price thereof and
the legal interests thereon.
5. What are the requisites for the liability of a lawyer
for damages?
a. Attorney-client relationship;
b. Want of reasonable care and diligence by
lawyer; and 

c. Injury sustained by client as a proximate
result of the lawyer’s negligence.
6. When will civil liability arise?
a. Client is prejudiced by lawyer’s negligence
or misconduct; 

b. Breach of fiduciary obligation; 

c. Civil liability to third persons;
d. Libelous words in pleadings;
e. Violation of communication privilege; 

f. Liability for costs of suit (Treble Costs) –
when lawyer is made liable for insisting on
client’s patently unmeritorious case or
interposing appeal merely to delay litigation:
Who is liable for the payment of costs of
suits?
i. GR: Losing client and not the lawyer
is liable for costs of suit in favor of
prevailing party, the lawyer not being
a party-litigant.
 ii. XPN: Where the lawyer insisted on 9. Scenarios:
client’s patently unmeritorious case a. Money collected for the client should be
or interposed an appeal to delay reported and accounted for
litigation or thwart prompt promptly/immediately.
satisfaction of prevailing party’s just b. For misappropriating and failing to promptly
and valid claim, the court may report and deliver the money received on
adjudge lawyer to pay treble costs of behalf of the children of his clients, a lawyer
suit. may be disbarred or suspended for six
months.
7. What are the kinds of damages that may be
awarded to the client?
 CO-MINGLING OF FUNDS
a. Nominal – where client lost the litigation as
a consequence of lawyer’s gross omission RULE 16.02 – A LAWYER SHALL KEEP THE
or negligence; 
 FUNDS OF EACH CLIENT SEPARATE AND
b. Actual/Compensatory 
 APART FROM HIS OWN AND THOSE OF
c. Moral 
 OTHERS KEPT BY HIM
d. Attorney’s fees 

1. Failure of the lawyer to account all the funds and
*For b to d, there should be a showing that: property of his client which may come into his
i. The lawyer had exercised due diligence; 
 possession would amount to misappropriation
ii. His client would have succeeded in which may subject him to disbarment on the ground
recovering from adverse party. of grave misconduct or a criminal prosecution for
estafa under Art. 315, par. 1(b) of the RPC.
8. When will criminal liability exist?
A: A lawyer may be held criminally liable if he 2. Scenarios:
commits any of the following: a. In dealing with trust property, a lawyer
a. Causing prejudice to the client thru should be very scrupulous. Money or other
malicious breach of professional duty or thru trust property of the client coming into the
inexcusable negligence or ignorance; 
 possession of the lawyer should be reported
b. Revealing client’s secrets learned in by the latter and account any
lawyer’s professional capacity thru circumstances, and should not be
malicious breach of professional duty or commingled with his own or be used by him.
inexcusable negligence or ignorance; 
 b. Even if he intends to issue a personal check
c. A lawyer who has undertaken the defense later for his client, he should not deposit
of a client or has received confidential cash meant for the latter in his own bank
information from said client in a case may account.
be criminally liable for undertaking defense
of opposing party in same cause without DELIVERY OF FUNDS
consent of first client; (Art. 209,316 RPC:
Betrayal of trust by an attorney or solicitor.) RULE 16.03 – A LAWYER SHALL DELIVER THE
d. A lawyer who shall knowingly introduce in FUNDS AND PROPERTY OF HIS CLIENT WHEN
evidence in any judicial proceeding or to the DUE OR UPON DEMAND. HOWEVER, HE
damage of another or who, with intent to SHALL HAVE A LIEN OVER THE FUNDS AND
cause such damage, shall use any false MAY APPLY SO MUCH THEREOF AS MAY BE
document may be held criminally liable NECESSARY TO SATISFY HIS LAWFUL FEES
therefor; (Art. 172,317 RPC: Falsification by AND DISBURSEMENTS, GIVING NOTICE
private individual and use of falsified PROMPTLY THEREAFTER TO HIS CLIENT. HE
documents) and SHALL ALSO HAVE A LIEN TO THE SAME
e. A lawyer who is appropriates his client’s EXTENT ON ALL JUDGEMENTS AND
funds may be held liable for estafa. (Art EXECUTIONS HE HAS SECURED FOR HIS
315) *NB: When a lawyer collects or CLIENT AS PROVIDED FOR IN THE RULES OF
receives money from his client for a COURT
particular purpose, he should promptly
account to the client how the money was 1. Delivery of funds and property when due or upon
spent.318 demand is discussed under Rule 16.01, supra.
2. Attorney’s Lien is discussed under Canon 20,
infra.
BORROWING OR LENDING
RULE 16.04 – A LAWYER SHALL NOT BORROW
MONEY FROM HIS CLIENT UNLESS THE
CLIENT’S INTERESTS 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
1. LAWYER BORROWING: Is a lawyer allowed to
borrow money from his client?
A: No, unless the client’s interests are fully
protected by the nature of the case or by
independent advice.
NB: While the lawyer may borrow money from his
client, where the client’s interests are fully protected
by the nature of the case he is handling for the
client, or by independent advice from another
lawyer, he should not abuse the client’s confidence
by delaying payment. (Alindogan v. Geron, G.R.
Admin. Case No. 221, May 21, 1958). NB: Not
prohibited: advances for necessary expenses.
2. LAWYER LENDING: Is a lawyer allowed to lend
money from his client?
A: No, except when in the interest of justice, he has
to advance necessary expenses in a legal matter
he is handling for the client. (Rule 16.04, Code of
Professional Responsibiility).
NB: Prohibition from lending is intended to assure
the lawyer’s independent professional judgment, for
if the lawyer acquires a financial interest in the
outcome of the case the free exercise of his
judgment may be adversely affected. (Agpalo,
2004; Comment of IBP Committee that drafted the
Code, p. 90)
a.4 Fidelity to client’s cause
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.
1. Concept: 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, to the end that nothing
be taken or be withheld from him, save by the rules
of law, legally applied.
2. NCC rules on unenforceable contracts are
applicable to the Attorney-Client Relationship
(ACR), to wit:
a. When the lawyer did not have authority to
represent the client, the same can be
RATIFIED by the client or it is susceptible to
the application of the doctrine of
ESTOPPEL (just like in corporation law,
ultra vires acts of a director can be ratified
by the corporation).
b. As to estoppel, is it applicable if there is
estoppel on the part of the client? No,
because it is expressly mandated that it
should be a WRITTEN CONSENT.
3. This Rule on fidelity & loyalty continues EVEN
UNTIL THE TERMINATION of the ACR, i.e., all
secrets obtained in such ACR should be kept
secret. It is not a good practice for lawyers to fight
former clients.
a. This is related to the fiduciary relationship
between the lawyer and his client. Hence,
the client can dismiss the lawyer’s services
on the ground of loss of confidence in him.
And if the dismissal is for a valid reason, the
lawyer loses his right to claim attorney’s
fees.
b. This fiduciary relationship and rule on
fidelity and loyalty is reposed on the law firm
managing the case, not on the individual
lawyer in the firm who handled the case.
4. Scenarios:
a. The delay (lack of devotion with his work) of
the lawyer in advising his client on the
barangay conciliation procedure turned him
from being a complainant to a defendant;
indolence on the part of the lawyer.
b. If a lawyer allowed his client to plead not-
guilty without questioning an invalid arrest.
a.5 Competence and diligence
CANON 18 – A LAWYER SHALL SERVE HIS
CLIENT WITH COMPETENCE AND
DILIGENCE.
1. On the concept of competence & diligence:
 a. Competence: covers acts of the lawyer at the
ONSET of acceptance of the case. The
competence required in the Canon goes
beyond formal qualification of the lawyer to
practice law. It has to do with sufficiency of
the lawyer’s qualifications to deal with the
matter in question and includes knowledge
and skill and the ability to use them
effectively in the interest of the client.
b. Diligence: virtue of a lawyer the MOMENT he
accepts and it CONTINUES until the end of
the attorney-client relationship (ACR)
i. Diligence is the attention and care
required of a person in a given
situation and is the opposite331 of
negligence.332 It is axiomatic in the
practice of law that the price of
success is eternal diligence333 to
the cause of the client (Edquibal v.
Ferrer, A.C. No. 5687, February 3,
2005).
ii. Degree of diligence required in the
profession: DGFF — The legal
profession demands of a lawyer that
degree of vigilance and attention of
a good father of a family (Lapena,
2009) or ordinary pater familias
(Pineda, 2009). He is not required to
exercise extraordinary diligence
(Edquibal v. Ferrer, Jr., A.C. No.
5687, February 3, 2005).
NB: An attorney is not expected to
know all the laws. He is not liable for
disbarment for an honest mistake or
error. He is not an insurer of the
result in a case where he is engaged
in as a counsel. Only ordinary care
and diligence is required of him.
iii. The rule on command responsibility
is applicable, as to: law firms—
senior partners cannot put the
blame on their associates.
2. When a lawyer can decline a case based on
competence:
a. Heavy workload;
b. Educational background;
c. Psychological fitness;
d. Ill-health; physical health
NB: How about RELIGIOUS reasons? If it’s for the
PROTECTION of the RIGHTS of the client, he
should accept. If it’s for a long period of employment,
he could decline.
3. When the client is the one negligent
a. File a manifestation to withdraw appearance
due to NON- COOPERATION (to be
excused from further appearing). This is part
of the diligence of a lawyer.
NB: The court may direct a client to SHOW
CAUSE, bring in a new lawyer, who may
have the opportunity to request for a
resetting of the hearing.
b. The client also has a DUTY to be vigilant. He
cannot simply rely on the information given to
him.
c. If the lawyer, in this case, is EQUALLY
NEGLIGENT, only an administrative case
can be filed against him, not a civil case for
damages. In short:
i. Sole negligence of a lawyer:
damages can be included;
ii. Lawyer is equally negligent with
client: only admin. case.
4. Scenarios related to competence & diligence:
a. Failure to file position paper under the Rules
on Summary Procedure (RSP): This is
negligence on the part of the lawyer. Why?
Position papers under the RSP take the
place of offer of evidence.
b. If the case is losing, does the lawyer have
discretion not to appeal? No. It is the client’s
decision to appeal or not.
c. If the appellant’s brief does not contain an
assignment of errors, that’s a violation of
diligence on the lawyer. Why? The same is
mandatory for appellant briefs, and its
absence is a ground for dismissal.
d. How frequent shall the lawyer wait for the
client to ask for information before sending
him one? It depends on the DEVELOPMENT
OF THE CASE. He should update the client
of every stage of the proceeding. There is no
need to wait for the client to ask, say, if he
received an Answer.
e. Even if the client says he is guilty, the lawyer
should be diligent in handling the case.335
He has to follow these steps to ensure that
the constitutional rights of his client are
protected and the procedure for the proper
administration of justice is effected.
f. When the counsel fails to file the needed
court pleadings, like an opposition to a
demurrer to evidence.
COLLABORATING COUNSEL
RULE 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
1. (2001 Bar) What is the implication of lawyer’s
acceptance of cases?
A: The lawyer’s acceptance, whether for a fee or not,
is an implied representation that he possesses the
requisite degree of academic learning, skill and
ability to handle the case. He is therefore directed
not to take legal services, which he knows or should
know he is not qualified or competent to render
except if his client consents, the lawyer can take as
collaborating counsel another lawyer who is
competent on the matter.
2. Who is a Collaborating Counsel?
A: One who is subsequently engaged to assist a
lawyer already handling a particular case for a client
(Pineda, 2009)
a. The handling lawyer cannot just take another
counsel without the consent of the client. The
new lawyer on the other hand cannot just
enter his appearance as collaborating
counsel without the conformity of the first
counsel. [TOM: the collaborating counsel
does not need the consent of the first
counsel, but out of professional courtesy, he
just has to communicate with the first counsel
before entering his appearance.]
b. The same diligence required of the first
counsel is required of the collaborating
counsel. The negligence of the latter is also
binding on the client. (Sublay v. NLRC, G.R.
No. 130104. Jan. 31, 2000; Pineda 2009)
c. The client has a right to hire as many lawyers
as he can afford.
d. The first counsel may withdraw from the case
on the ground of inability to work with co-
counsel and that the same will not redound
to the best interest of the client.338
3. Related Canon: CANON 18 - A LAWYER SHALL
SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
Q: When is professional incompetence a ground for
disbarment under the Rules of Court? Explain.
(2010)
A: Professional incompetence of a lawyer may be a
special ground for disbarment if his incompetence is
so total, gross and serious that he cannot be
entrusted with the duty to protect the rights of his
clients. “A lawyer shall not undertake a legal service
where he knows or should know that he is not
qualified to render” (Rule 18.01, CPR). If he does so,
it constitutes malpractice or gross misconduct in
office which are grounds for suspension or
disbarment under Section 27, Rule 138 of the Rules
of Court.
ADEQUATE PREPARATION
RULE 18.02 – A LAWYER SHALL NOT HANDLE
ANY LEGAL MATTER WITHOUT ADEQUATE
PREPARATION
1. The counsel must constantly keep in mind that his
actions or omissions, even malfeasance and
nonfeasance would be binding to his client. Verily, a
lawyer owes to the client the exercise of utmost
prudence and responsibility in representation.
(Fernandez v. Atty. Novero, A.C. No. 5394, Dec. 2,
2002)
2. Related Canon: CANON 18 - A LAWYER SHALL
SERVE HIS CLIENT WITH COMPETENCE AND
DILIGENCE.
3. Scenarios:
a. A lawyer should prepare his pleadings with
great care and circumspection. He should
refrain from using abrasive and offensive
language, for it merely weakens rather than
strengthens the force of legal reasoning and
detracts from its persuasiveness.
b. In preparing a complaint for damages,
counsel for plaintiff should allege and state
the specific amounts claimed not only in the
body of the complaint but also in the prayer,
so that the proper docket fees can be
assessed and paid. (Fernandez v. Atty.
Novero, A.C. No. 5394, Dec. 2, 2002)
NEGLIGENCE
RULE 18.03 – A LAWYER SHALL NOT NEGLECT
A LEGAL MATTER ENTRUSTED TO HIM, AND
HIS NEGLIGENCE IN CONNECTION THERE
WITH SHALL RENDER HIM LIABLE
1. A lawyer is enjoined not to neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable. It is the duty of the
lawyer to serve his client with competence and
diligence and he should exert his best efforts to
protect within the bounds of the law, the interest of
his client (Vda. De Enriquez v. San Jose, 516 SCRA
486, 2007)
2. When can it be said that a lawyer has been
negligent?
A: What amounts to carelessness or negligence in a
lawyer’s discharge of his duty to client is incapable
of exact formulation. It will depend upon the
circumstances of the case. This is the opposite of the
competence required under Canon 18.
3. On Mistakes of Counsel; Are the mistakes of a
lawyer binding upon the client? (1998, 2000, 2002
Bar Questions)
a. GR: [Negligence of a lawyer BINDS THE
CLIENT] Client is bound by attorney’s
conduct and mistakes in handling a case or
in the management of litigation and in
procedural technique, and he cannot
complain that the result might have been
different had his lawyer proceeded
differently.
b. XPNs: (2000 Bar) When the judgment can be
set aside, as when:
i. There is absolute denial of due
process all throughout the procedure,
where no evidence was presented,
for example. Hence, his negligence in
this case is a ground for the client to
recover or;
ii. When the application of the general
rule will result in serious injustice (San
Miguel Corporation v. Laguesma, 236
SCRA 595 [1994]).
iii. Lack of acquaintance with technical
aspect of procedure;
iv. When adherence thereto results in
outright deprivation of client’s liberty
or property or where interest of justice
so requires;
v. Where error by counsel is purely
technical which does not substantially
affect client’s cause;
vi. Ignorance, incompetence, or
inexperience of lawyer is so great and
error so serious that client, who has a
good cause, is prejudiced and denied
a day in court;
vii. Gross negligence of lawyer.
* As to effect of notice to the lawyer
on the client, see next Rule.
4. When can a lawyer be held liable for damages due
to his negligence?
A: If his failure to exercise reasonable care, skill and
diligence is proximate cause of the loss.
What are the requisites for the liability of a lawyer for
damages?
a. Attorney-client relationship; 

b. Want of reasonable care and diligence by
lawyer; and 

c. Injury sustained by client as a proximate
result of the lawyer’s negligence.
5. Does the client still have remedies for the lawyer’s
neglect? Yes:
a. He may file a petition for relief of judgment;
or
b. File a petition for annulment of judgment, due
to extrinsic fraud, lack of jurisdiction, or
absolute denial of due process.
c. (2002 Bar) A client who suffers prejudice by
reason of his counsel’s inexcusable
negligence in the discharge of his duty may
file an action for damages against him.
However, there must be a showing that had
the lawyer exercised due diligence, the client
under the facts and the law would have
succeeded in recovering from the adverse
party or in resisting the claim of the latter.
6. Instances of negligence of attorneys:
a. Failure to appeal to CA despite instructions
by the client to do so constitutes inexcusable
negligence on the part of the counsel.
(Abiero v. Juanino, A.C. No. 5302, Feb.18,
2005); it is binding on his client.
b. Even if a lawyer was “honestly and sincerely”
protecting the interests of his client, the
former still had no right to waive the appeal
without the latter’s knowledge and consent.
(Abay v. Atty. Montesino, A.C. No. 5718,
Dec. 4, 2003)
c. A lawyer is negligent if he placed his own
interest in receiving a high notarial fee over
and above the interest of his client.
DUTY TO APPRISE CLIENT
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
1. A lawyer should notify his client of the adverse
decision while within the period to appeal to enable
the client to decide whether to seek an appellate
review. He should communicate with him concerning
the withdrawal of appeal with all its adverse
consequences. The client is entitled to the fullest
disclosure of the mode or manner by which his
interest is defended or why certain steps are taken
or omitted.
2. The lawyer is obliged to respond within a
reasonable time to a client’s request for information.
A client is entitled to the fullest disclosure of the
mode or manner by which that client’s interest is
defended or why certain steps are taken or omitted.
A lawyer who repeatedly fails to answer the inquiries
or communications of a client violates the rules of
professional courtesy and neglects the client’s
interests. (Villariasa-Reisenbeck v. Abarrientos,
A.C. No. 6238, Nov. 4, 2004)
3. Key areas which the lawyer has to consult his
client before taking action:
a. compromising a case;
b. appealing an unfavorable judgment;
4. Doctrine of Imputed Knowledge: The knowledge
acquired by an attorney during the time that he is
acting within the scope of his authority is imputed to
the client. It is based on the assumption that an
attorney, who has notice of matter affecting his
client, has communicated the same to his principal
in the course of professional dealings.
NB: The doctrine applies regardless of whether or
not the lawyer actually communicated to the client
what he learned in his professional capacity, the
attorney and his client being one judicial person.
5. Is notice to counsel equivalent to notice to client?
a. GR: Yes. The law requires that service of any
notice upon a party who has appeared by
attorney shall be made upon his attorney.
Notice sent to a party who has appeared by
counsel is not notice in law, it being
immaterial that the client actually received
the notice or volunteered to get a copy
thereof.
b. XPN:
i. Strict application might foster
dangerous collusion to the detriment
of justice;
ii. Service of notice upon party instead
of upon his attorney is ordered by the
court;
iii. Notice of pre-trial is required to be
served upon parties and their
respective lawyers;
iv. In appeal from the lower court to the
RTC, upon docketing of appeal.
6. On the Plea of Guilty
a. Q: What is a plea of guilty?
A: It is an admission by the accused of his
guilt of a crime as charged in the information
and of the truth of the facts alleged, including
the qualifying and aggravating
circumstances.
b. Q: What is the duty of the defense counsel
when his client desires to enter a plea of
guilty?
A: (F-CEPA)

i. Fully acquaint himself with the
records and surrounding
circumstances of the case;
ii. Confer with the accused and obtain
from him his account of what had
happened; 

iii. Thoroughly explain to him the import
of a guilty plea and the inevitable
conviction that will follow; 

iv. See to it that the prescribed
procedure which experience has
shown to be necessary to the
administration of justice is strictly
followed and disclosed in the court
records; and 

v. Advise him of his constitutional rights.
a.6 Representation with Zeal within
Legal Bounds
CANON 19- A LAWYER SHALL REPRESENT
HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW
1. Hierarchy of duties: Duty of respect to the
processes of the court prevail over duty to the
client. (2009 Bar) Examples:
a. The court issues a writ of execution
already—the lawyer violates Canon 19 if
he still files a petition for certiorari under
Rule 65. Why? There is already a final &
executory decision. The lawyer should
impress upon the client to obey court
processes. Litigation has to stop.
b. When something is not correct, provide
the right doctrine.
c. Disregard evidence that is inadmissible.
2. What does a lawyer represent to a client when
he accepts a professional employment of his
services?
When a lawyer accepts a case, whether for a fee
or not, his acceptance is an implied
representation that he: (CASE)

a. Will exercise reasonable and ordinary
care and diligence in the pursuit or
defense of the case;
b. Will possess the requisite degree of
academic learning, skill and ability in the
practice of his profession;
c. Will take steps as will adequately
safeguard his client’s interests; and
d. Will exert his best judgment in the
prosecution or defense of the litigation
entrusted to him. (Islas v. Platon)
His authority is up to his time of engagement, and
ends when revoked. Hence, a lawyer cannot actually
volunteer without being accepted, otherwise, he will
be liable for contempt of court.
3. Authority to appear in court is presumed
GR: Is a lawyer required to show his authority to
appear for or represent a client? No. An attorney is
presumed to be properly authorized to represent any
cause in which he appears in all stages of the
litigation and no written authority is required to
authorize him to appear. A mere denial by a party
that he has authorized an attorney to appear for him,
in the absence of a compelling reason, is insufficient
to overcome the presumption especially when the
denial comes after the rendition of an adverse
judgment.
XPN: The presiding judge may, on motion of either
party and on reasonable grounds therefore being
shown, require an attorney who assumes the right to
appear in a case to produce or prove the authority
under which he appears, and to disclose, whenever
pertinent to any issue, the name of the person who
employed him, and may thereupon make such order
as justice requires. (Sec. 21, Rule 138, RRC)
4. What are the effects of an unauthorized
appearance?
a. The party represented is not bound by
attorney’s appearance in the case neither
by the judgment rendered therein;
b. Court does not acquire jurisdiction over
the person of the party represented;
c. The adverse party who has been forced
to litigate as a defendant by the
unauthorized action on the part of the
attorney for the plaintiff may, on that
ground, move for the dismissal of the
complaint; and
d. If unauthorized appearance is willful,
attorney may be cited for contempt as an
officer of the court who has misbehaved
in his official transactions, and he may be
disciplined for professional misconduct.
Note: Unauthorized appearance is a ground for
suspension or disbarment.
5. How can an unauthorized appearance be
ratified?
a. Express – Categorized assertion by
client that he has authorized a lawyer or
that he confirms his authorization to
represent him in the case.
b. Implied – Where party with knowledge of
fact that a lawyer has been representing
him in a case, accepts benefits of
representation or fails to promptly
repudiate the assumed authority.
What are the requisites of implied ratification by
silence?
a. The party represented by the attorney is
of age or competent or if he suffers from
any disability, he has a duly appointed
guardian or legal representative;
b. The party or his guardian, as the case
may be, is aware of the attorney’s
representation; and
c. He fails to promptly repudiate assumed
authority.
USE OF FAIR AND HONEST MEANS
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
1. Rule 19.01 of the CPR obligates a lawyer, in
defending his client, to employ only such means
as are consistent with truth and honor. He should
not prosecute patently frivolous and meritless
appeals or institute clearly groundless actions.
 a. Under this rule, a lawyer should not file or
threaten to file any unfounded or
baseless criminal case or cases against
the adversaries of his client designed to
secure a leverage to compel the
adversaries to yield or withdraw their own
cases against the lawyer’s client. (Pena
v. Atty. Aparicio)
b. The lawyer must not present and offer
evidence any document, which he knows
is false.
2. Rationale: a lawyer’s duty is not to his client but
to the administration of justice. To that end, his
client’s success is wholly subordinate. His
conduct ought to and must always be
scrupulously observant of the law and ethics.
Any means not honorable, fair, and honest,
which is resorted to by the lawyer, even in the
pursuit of his devotion to his client’s cause, is
condemnable and unethical. (Ibid)
3. How far can a lawyer go to defend his client
without violating the ethics of the profession? A
lawyer shall employ only fair and honest means
to obtain the lawful objectives of his client. He
shall employ only such means as are consistent
with truth and honor. He should not go beyond
the bounds of the law or the ethics of his
profession.
4. Related Rules:
a. The signature of a lawyer on the
pleadings constitutes a certificate by him
that he has read the pleadings; that to the
best of his knowledge, information, and
belief, there is good ground to support the
arguments therein; and that the
pleadings were not interposed for delay
(Rules of Court, Rule 7, Sec. 3, par. 2).
b. His appearance in court should be
deemed equivalent to an assertion on his
honor that, in his opinion, his client’s case
in one proper for judicial determination
(Canons of Professional Ethics, Canon
30, par. 2, last sentence).
c. Rule 1.02 - A lawyer shall not counsel or
abet activities aimed at defiance of the
law or at lessening confidence in the legal
system.
d. Lawyer’s Oath # 4. I will not wittingly or
willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor
consent to the same.
5. Sample scenarios:
a. THREAT: Lawyer threatened to file
cases against his own client.
b. The act of a lawyer in preventing the
execution of the judgment against his
clients shows that he actually committed
what the above rule expressly prohibits.
(Que v. Revilla)
c. Use of force or violence in taking over
[the] office is punishable as an
administrative offense (Rural Bank of
Calape, Inc. Bohol vs. Atty. James
Benedict Florido)
CLIENT’S FRAUD
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
(2001 Bar)
1. The lawyer’s duty to his client does not mean
freedom to set up false or fraudulent claims
especially with respect to provisions of law or
administrative rules and that while lawyers are
bound to exert utmost legal skill in prosecuting
their client’s cause or defending it, their duty, first
and foremost, is to the administration of justice
[his foremost duty is his duty to the court] (CPR
Annotated, PhilJA)
2. Steps to take when the receives information that
his client perpetrated fraud in the course of his
representation of him:
a. Promptly call upon the client to rectify it;
b. If the client does not rectify the same, he
shall terminate the relationship i
accordance with the Rules.
3. Related to: Privileged communication—right of a
lawyer and his legal staff not to be compelled to
disclose information in the guise of prosecution
of crimes: The same cannot cover information
relating to FUTURE CRIMES, or in perpetuation
of a fraud. Why? It is not within the profession of
a lawyer to advise one to commit a crime or
perpetrate fraud.
4. Scenarios:
a. It is an unethical tactic for a lawyer to
offer monetary rewards to anyone who
could give him information against a
 party so that he could have leverage
against all actions involving such party.
(CPR Annotated, PhilJA)
b. If what your client is asking you to do is
unlawful, you may refuse to do it.
c. A compromise agreement effected by a
client or by his attorney with special
authority from him has upon the parties
the effect of res judicata. He may collect
the necessary fees even if the client does
not honor the compromise agreement.
PROCEDURE IN HANDLING THE CASE
RULE 19.03 – A LAWYER SHALL NOT ALLOW
HIS CLIENT TO DICTATE THE PROCEDURE ON
HANDLING THE CASE
1. What is the extent of a lawyer’s authority in the
conduct of litigation?Who has control?
a. LAWYER: A lawyer has authority to bind
the client in all matters of ordinary judicial
procedure.
Rationale: The basis of this rule is that the lawyer is
better trained and skilled in law.
b. CLIENT: The cause of action, the claim
or demand sued upon and the subject
matter of the litigation are within the
exclusive control of the client. A client
may waive, surrender, dismiss, or
compromise any of his rights involved in
litigation in favor of the other party even
without or against the consent of his
attorney.
2. The Code enjoins a lawyer to employ only fair
and honest means to attain the lawful objectives
of his client and warns him not to allow his client
to dictate the procedure in handling the case. In
short, a lawyer is not a gun for hire. (Millare v.
Atty. Montero)
3. Is the lawyer confined entirely on the information
his client gave? No
a. The lawyer cannot entirely depend on the
information his client gave or the time his
client wished to give. The lawyer should
take more control over handling the case.
b. Where the client is based overseas, the
lawyer should with more reason, have
moved to secure all the legal means
available to him either to continue
representing his client effectively or to
make the necessary manifestation in
court, with the client’s conformity, that he
was withdrawing as counsel of record.
(CPR Annotated, PhilJA)
4. State the rule with respect to the authority of an
attorney to compromise his client’s case
GR: The attorney has no authority to compromise his
client’s case. This is so because the client, even if
represented by counsel, retains exclusive control
over the subject matter of the litigation. The client
can, of course, authorize his lawyer to compromise
his case, and the settlement made by the lawyer will
bind his client. NB: Compromise is a contract
whereby the parties, by making reciprocal
concessions, avoid litigation or put an end to one
already commenced. (Art. 2028, NCC)
XPN:
i. When the lawyer is confronted with an
emergency where prompt and urgent action
is necessary to protect the interest of his
client and there is no opportunity for
consultation with the latter.
ii. Settlement of monetary obligation to client is
full payment in cash.
5. On Appearance
a. What is appearance? It is the coming into
court as a party either as a plaintiff or as
a defendant and asking relief therefrom.
b. What are the kinds of appearance?
i. General appearance – When a
party comes to court either as
plaintiff or defendant and seeks
general reliefs from the court for
satisfaction of his claims or
counterclaims respectively.
ii. Special appearance – When a
defendant appears in court solely
for the purpose of objecting to the
jurisdiction of the court over his
person.
Note: By virtue of Sec. 20, Rule 14 of the 1997 Rules
of Civil Procedure, there is no more distinction
between general appearance and special
appearance, in the sense that a defendant may file
a motion to dismiss not only on the ground of lack of
jurisdiction over his person but also on some other
grounds without waiving the jurisdiction of the court
over his person.
 c. What is the difference between entry of GR: written agreement
appearance and appearance of a
counsel? XPN: quantum meruit [Latin: as much amount as his
services are worth or what the lawyer deserves for
Entry of Appearance of a his services]. Related to this principle of law: no one
appearance counsel should be permitted to enrich himself to enrich
the written the verbal himself at the expense of another.
manifestation manifestation of the
submitted by the counsel in order for a. NO INTEREST: Imposition of interest in the
counsel of record to the court to payment of attorney’s fees is not justified
inform the court that recognize his Funa, 2009)
he will act as the presence during the b. There is no hard and fast rule in determining
counsel of a party hearing of the case. lawyer’s fees. These rules only serve as
made before the (Sec.21, Rule 138, guides.
date of the hearing Rules of Court).
2. Options available to lawyers:
a. Ordinary demand
b. If monetary judgment: move for charging
a.7 Attorney’s Fees lien;
c. If titles/properties in his possession:
CANON 20 – A LAWYER SHALL CHARGE retaining lien- retain until paid
ONLY FAIR AND REASONABLE FEES
3. Criteria for determination of fees? Schedule of
RULE 20.01 – A LAWYER SHALL BE GUIDED BY fees of IBP: but lawyer can collect more. See
THE FOLLOWING FACTORS IN DETERMINING Rule 20.01.
HIS FEES: (2014 Bar)
Note: Entitlement to lawyer’s fees is presumed.
A) THE TIME SPENT AND THE EXTENT OF (Funa, 2009) Unless otherwise expressly stipulated,
THE SERVICES RENDERED OR rendition of professional services by a lawyer is for a
REQUIRED; fee or compensation and is not gratuitous.
B) THE NOVELTY AND DIFFICULTY OF THE (Research and Services Realty, Inc. v. CA)
QUESTIONS INVOLVED;
C) THE IMPORTANCE OF THE SUBJECT 4. On prohibition of sale of property to lawyer during
MATTER; litigation in NCC; but after final decision, the
D) THE SKILL DEMANDED; lawyer can purchase the property. See Canon 16
E) THE PROBABILITY OF LOSING OTHER for details, supra.
EMPLOYMENT AS A RESULT OF
ACCEPTANCE OF THE PROFFERED 5. Who are entitled to attorney’s fees?
CASE;
F) THE CUSTOMARY CHARGES FOR GR: Only lawyers are entitled to attorney’s fees. The
SIMILAR SERVICES AND THE same cannot be shared with a non-lawyer. It is
SCHEDULE OF FEES OF THE IBP unethical.
CHAPTER TO WHICH HE BELONGS;
G) THE AMOUNT INVOLVED IN THE XPN: A lawyer may divide a fee for legal services
CONTROVERSY AND THE BENEFITS with persons not licensed to practice law: CPR
RESULTING TO THE CLIENT FROM THE
SERVICE; i. A lawyer undertakes to Complete the
H) THE CONTINGENCY OR CERTAINTY OF unfinished legal business of a deceased
COMPENSATION; lawyer;
I) THE CHARACTER OF THE
EMPLOYMENT, WHETHER OCCASIONAL ii. There is a Pre-existing agreement with a
OR ESTABLISHED; AND partner or associate that, upon the latter’s
J) THE PROFESSIONAL STANDING OF THE death, money shall be paid over a
LAWYER. reasonable period of time to his estate or to
persons specified in the agreement;
1. Rule on Attorney’s Fees

iii. A lawyer or law firm includes non-lawyer
employees in Retirement plan, even if the
plan is based, in whole or in part, on a profit-
sharing agreement. (Rule 9.02, CPR).
6. What are the requisites for the right to attorney’s
fees to accrue?
a. Existence of attorney-client relationship;
and
b. Rendition by the lawyer of services to the
client.
Note: A pauper, while exempted from payment of
legal fees is not exempted from payment of
attorney’s fees. (Cristobal v. Employees
Compensation Commission)
7. Kinds of payments that may be stipulated on
a. Fixed or absolute fee that which is
payable regardless of the result of the
case.
i. A fixed fee payable per
appearance i
ii. A fixed fee computed upon the
number of hours spent
iii. A fixed fee based on piece work
iv. Combination of any of the above
b. Contingent fee – a fee that is conditioned
on the securing of a favorable judgment
and recovery of money or property and
the amount of which may be on a
percentage basis.
8. Types of Fee Arrangements: What are the
different types of fee arrangements upon which
an attorney may receive compensation (Bar
1987)?
a. Retainer’s fee where the lawyer is paid
for services for an agreed amount for the
case.
b. The lawyer agrees to be paid per court
appearance.
c. Contingent fee where the lawyer is paid
for his services depending on the
success of the case. This applies usually
in civil suits for money or property where
the lawyer’s fee is taken from the award
granted by the court.
d. Attorney de officio. The attorney is
appointed by the court to defend the
indigent litigant in a criminal case. The
client is not bound to pay the attorney for
his services although he may be paid a
nominal fee taken from a public fund
appropriated for the purpose.
e. Legal aid. The attorney renders legal
services for those who could not afford to
engage the services of paid counsel.
f. Quantum meruit basis. If there is no
specific contract between the lawyer and
the client, the lawyer is paid on quantum
meruit basis, that is, what the lawyer
deserves for his services.
9. More on RETAINER:
a. It may refer to two concepts:
i. Act of a client by which he
engages the services of an
attorney to render legal advice or
to defend or prosecute his cause
in court; or
ii. Fee which a client pays to the
attorney.
b. Kinds of retainer agreements on
attorney’s fees
i. General retainer or retaining fee –
It is the fee paid to a lawyer to
secure his future services as
general counsel for any ordinary
legal problem that may arise in
the ordinary business of the client
and referred to him for legal
action. The client pays fixed
retainer fees, which could be
monthly or otherwise. The fees
are paid whether or not there are
cases referred to the lawyer;
Note: the general retainer contract may be
terminated, but it won’t affect the right of the lawyer
to collect on fees for cases not covered by such
agreement.
ii. Special retainer – It is a fee for a
specific or particular case or
service rendered by the lawyer for
a client.
ACCEPTANCE FEES
What is an acceptance fee? It is an absolute fee
arrangement which entitles a lawyer to get paid for
his efforts regardless of the outcome of the litigation.
(Funa, 2009)

CONTINGENCY FEE ARRANGEMENT
1. What is a contingent fee contract? Is it valid? A
contingency contract is one, which stipulates that
the lawyer will be paid for his legal services only
if the suit or litigation ends favorably to the client.
(Taganas vs. NLRC]
a. It is like a contract subject to a
suspensive condition wherein the
obligation to pay the counsel is based
upon the outcome of the case. Hence, if
the lawyer does not produce the
success expected, he won’t be paid,
even if on appeal, the case was
successful but on the hands of another
lawyer.
b. Contingent fees are sanctioned by the
CPE and by the CPR subject to certain
limitations, infra (Licudan vs. CA)
c. Contingent fee contracts are subject to
the supervision and close scrutiny of the
court in order that clients may be
protected from unjust charges. The
amount of contingent fees agreed upon
by the parties is subject to the stipulation
that counsel will be paid for his legal
services only if the suit or litigation
prospers. A much higher compensation
is allowed as contingent fees because of
the risk that the lawyer may get nothing
if the suit fails. (Evangelina Masmud v.
NLRC, et. Al.)
d. It is sometimes called “success fee”.
Hence, one gets nothing if they lose the
case.
e. If a lawyer employed on contingent
basis dies or becomes disabled before
the final adjudication or settlement of the
case has been obtained, he or his estate
will be allowed to recover the
reasonable value of the services
rendered. The recovery will be allowed
only after the successful termination of
the litigation in the client’s favor. (Morton
v. Forsee)
2. Basis: Rule 20.01 (f): The customary charges for
similar services and the schedule of fees of the
IBP chapter to which he belongs
3. What is the rationale for allowing contingent fee
contract? Contracts of this nature (contingent fee
contract) are permitted because they redound to
the benefit of the poor client and the lawyer
especially in cases where the client has
meritorious cause of action, but no means with
which to pay for the legal services unless he can,
with the sanction of law, make a contract for a
contingent fee to be paid out of the proceeds of
the litigation (Francisco, Legal Ethics [1949])
4. What are the limitations of the stipulation
regarding contingent fee contract? It must be
reasonabled based on the circumstance of the
case.
a. Contingent fee contracts are under the
supervision and close scrutiny of the
court in order that clients may be
protected from just charges. Its validity
depends on the measure of
reasonableness of the stipulated fees
under the circumstances of the case
(Sesbreno vs. CA)
b. When is a contingent fee contract
considered as unconscionable?
Stipulated attorney’s fees are
unconscionable whenever the amount is
by far so disproportionate compared to
the value of the services rendered as to
amount to fraud perpetrated to the
client. (Sesbreno vs. CA)
Note: “one-half” of what will be recovred is valid.
c. What is the effect of unreasonable or
unconscionable contingent fee
contract? When the courts find that the
stipulated amount is excessive or the
contract is unreasonable, public policy
demands that said contract be
disregarded to protect the client from
unreasonable exaction. NB: The degree
of unconscionability or
unreasonableness of the stipulated fee
will not, however, preclude recovery. It
merely justifies the court’s fixing
reasonable amount for the lawyer’s
services based on quantum meruit
meaning “as much as he deserves”.
(Sesbreno vs. CA)
5. Does the acceptance of an initial fee before or
during the progress of the litigation detract from
the contingent nature of the fees? No. The
acceptance of an initial fee before or during the
progress of the litigation does not detract from
the contingent nature of the fees, as long as the
bulk thereof is made dependent upon the
 successful outcome of the action (Francisco vs.
Matias)
CHAMPERTOUS CONTRACT
1. (1987, 1990, 2000, 2010 Bar) It is one where the
lawyer stipulates with his client in the
prosecution of the case that he will bear all the
expenses for the recovery of 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. It is void
for being against public policy. (Like gambling).
Note: if the property is not the one under litigation,
the agreement is valid.
2. Why void due to public policy? Because it would
make him acquire a stake in the outcome of the
litigation which might lead him to place his own
interest above that of the client. (Bautista v.
Gonzales)
The unconscionability of the agreement does not
really matter in a champertous contract, because
the latter in itself is void.
3. Contingent vs. Champertous contracts (2000
Bar)
Contingent Champertous
Contract Contract
Payable in cash – Payable in kind – a
dependent on the portion of the thing
success of the or property
litigation recovered as
compensation
Lawyers do not Lawyers undertake
undertake to pay all to pay all expenses
expenses of of litigation
litigation
VALID VOID
4. Champerty vs. Maintenance: Champerty, along
with maintenance (of which champerty is an
aggravated form), is a common law doctrine that
traces its origin to the medieval period.
a. The doctrine of maintenance was
directed “against wanton and inofficious
intermeddling in the disputes of others in
which the intermeddler has no interest
whatever, and where the assistance
rendered is without justification or
excuse.”
b. Champerty, on the other hand, is
characterized by “the receipt of a share
of the proceeds of the litigation by the
intermeddler.” Some common law court
decisions, however, add a second factor
in determining champertous contracts,
namely, that the lawyer must also, “at
his own expense maintain, and take all
the risks of, the litigation.”
c. The doctrines of champerty and
maintenance were created in response
“to medieval practice of assigning
doubtful or fraudulent claims to persons
of wealth and influence in the
expectation that such individuals would
enjoy greater success in prosecuting
those claims in court, in exchange for
which they would receive an entitlement
to the spoils of the litigation.”
d. In order to safeguard the administration
of justice, instances of champerty and
maintenance were made subject to
criminal and tortuous liability and a
common law rule was developed,
striking down champertous agreements
and contracts of maintenance as being
unenforceable on the grounds of public
policy.”
e. In this jurisdiction, we maintain the rules
on champerty, as adopted from
American decisions, for public policy
considerations. As matters currently
stand, any agreement by a lawyer to
“conduct the litigation in his own
account, to pay the expenses thereof or
to save his client therefrom and to
receive as his fee a portion of the
proceeds of the judgment is
OBNOXIOUS to the law.” The rule of the
profession that forbids a lawyer from
contracting with his client for part of the
thing in litigation in exchange for
conducting the case at the lawyer’s
expense is designed to PREVENT the
lawyer from ACQUIRING AN
INTEREST between him and his client.
To permit these arrangements is to
enable the lawyer to “acquire additional
stake in the outcome of the action which
might lead him to consider his own
recovery rather than that of his client or
to accept a settlement which might take
care of his interest in the verdict to the
sacrifice of that of his client in violation
of his duty of undivided fidelity to his
client’s cause.”

ATTORNEY’S LIENS
1. Related Rules
a. 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
JUDGEMENTS AND EXECUTIONS HE
HAS SECURED FOR HIS CLIENT AS
PROVIDED FOR IN THE RULES OF
COURT.
b. SECTION 37, RULE 138: ATTORNEY’S
LIENS. — AN ATTORNEY SHALL HAVE
A LIEN UPON THE FUNDS,
DOCUMENTS AND PAPERS OF HIS
CLIENT WHICH HAVE LAWFULLY
COME INTO HIS POSSESSION AND
MAY RETAIN THE SAME UNTIL HIS
LAWFUL FEES AND DISBURSEMENTS
HAVE BEEN PAID, AND MAY APPLY
SUCH FUNDS TO THE SATISFACTION
THEREOF. HE SHALL ALSO HAVE A
LIEN TO THE SAME EXTENT UPON
ALL JUDGMENTS FOR THE PAYMENT
OF MONEY, AND EXECUTIONS
ISSUED IN PURSUANCE OF SUCH
JUDGMENTS, WHICH HE HAS
SECURED IN A LITIGATION OF HIS
CLIENT, from and after the time when he
shall have the caused a statement of his
claim of such lien to be entered upon the
records of the court rendering such
judgment, or issuing such execution, and
shall have the caused written notice
thereof to be delivered to his client and to
the adverse party; and he shall have the
same right and power over such
judgments and executions as his client
would have to enforce his lien and secure
the payment of his just fees and
disbursements.
2. Lien is a RIGHT of the lawyer, not a duty.
Attorney’s Lien (1997 Bar) - a lien created by law
to insure payment of a lawyer's professional fees
and reimbursement of his lawful disbursements.
a. A lawyer is not entitled to unilaterally
appropriate his client’s money for himself
by the mere fact alone that the client
owes him attorney’s fees. (Rayos v.
Hernandez)
b. The satisfaction of the judgment
extinguishes the lien, if there has been a
waiver as shown either by the lawyer’s
conduct or by his passive omission.
3. Kinds of Attorney’s Lien
a. Retaining Lien
b. Charging Lien
Section 37 of Rule 138 provides for two kinds of
attorney's lien, a retaining lien which gives the lawyer
the right to retain the client's money, property and
documents which have legally come into his
possession until he is paid all his fees and advances
for all his services to the client, and a charging lien
which gives the lawyer the right to charge a
judgment for money and its execution with his fees
for services rendered in the case.
4. Summary on how a lawyer exercises his lien:
a. In an ordinary action;
b. Exercise his right to a retaining lien in
proper cases;
c. Charging lien in money judgments; XPN:
contracts.
RETAINING LIEN
1. (1995, 2000, 2012 Bar) A retaining lien is the
right of an attorney to retain the funds,
documents and papers of his client who have
lawfully come into his possession and may retain
the same until his lawful fees and disbursements
have been paid, and may apply such funds to the
satisfaction thereof.
2. Requisites in order for an attorney to be able to
exercise his retaining lien?
a. Attorney-client relationship;
b. Lawful possession by the lawyer of the
client’s funds, documents and papers in
his professional capacity; and
c. Unsatisfied claim for attorney’s fees or
disbursements.
3. This right arises when (there’s express
manifestation that the fees will not be paid)
 a. There is a contract;
b. The lawyer withdraws and there’s
express refusal;
c. Unjustly terminated without notice;
Note: determine the role of the lawyer—if he is a
personal lawyer of an heir, he cannot retain the
documents of the estate (from which the heir is
claiming) should he be replaced as counsel, as his
retaining lien for his services to the heir.
4. Deliver or return first, then collect later. The
retaining lien cannot be automatically applied. It
should be done in conformity with the client.
Hence, the lawyer’s first duty is to return the
money. The lawyer’s right is to demand payment
of attorney’s fees as AGREED UPON in the
contract.
a. May a counsel unilaterally retain or
appropriate funds of his client as his
attorney’s lien? A: No. A counsel has no
right to retain or appropriate unilaterally
as lawyer’s lien any amount belonging to
his client which may come into his
possession (Cabigao v. Rodrigo)
b. While this rule provides that the lawyer
has the right to retain the funds of his
client as may be necessary to satisfy his
lawful fees and disbursements known as
attorney’s lien and his lien to the same
extent on all judgments and executions
he has secured for his client called
charging lien, he is still duty bound to
render an accounting of his client’s funds
and property which may come into his
possession in the course of his
professional employment. In the
application of attorney’s lien, a lawyer
shall give notice to his client otherwise,
the same might be construed as
misappropriation which may subject him
to disciplinary action. (Antiquiera, 2007)
5. HOW? EG: AA loaned 500K to BB. Lawyer
demanded the payment. Before an answer was
filed, BB paid 500K to the lawyer. How does the
lawyer exercise the retaining lien? Make an
accounting of the 500K. Make a demand for
payment of the lien, say, 100K.
6. What if the client does not pay? File an ordinary
civil action, based on the contract (after
demand). If 200K or less, go to a Small Claims
Court. If he is a neighbor, undergo first a
barangay conciliation proceeding. Vigilance of
the lawyer: put it in the contract!
CHARGING LIEN
1. Define an attorney’s charging lien (1994 Bar) A
charging lien is the right of a lawyer to the extent
of all his lawful fees and disbursements upon all
judgments for the payment of money, and
executions issued in pursuance of such
judgments which he has secured in a litigation of
his client, from and after the time when he shall
have caused a statement of his claim of such lien
to be entered upon the records of the court
rendering such judgment, or issuing such
execution, and shall have caused written notice
thereof to be delivered to his client and to the
adverse party; and he shall have the same right
and power over such judgments and executions
as his client would have to enforce his lien and
secure the payment of his fees and
disbursements. (Sec. 37, Rule 138, Revised
Rules of Court)
a. SC has described it as an “equitable right
to a charging lien” over money judgments
he has secured in litigation for his client.
2. Is it applied only for money judgments?
GR: Yes. Hence, if it’s just a dismissal of the action
where there is no money judgment involved, no
charging lien can be applied.
XPN: if there is a contract or agreement. Hence, if
there is no contract, it is only on money judgments;
the sheriff will collect for you.
3. What are the requisites in order for an attorney
to be able to exercise his charging lien?
a. Existence of attorney-client relationship;
b. The attorney has rendered services;
c. Favorable money judgment secured by
the counsel for his client;
Note: A charging lien, to be enforceable as a
security for the payment of attorney’s fees, requires
as a condition sine qua non a judgment for money
and execution in pursuance of such judgment
secured in the main action by the attorney in favor of
his client. There must be a final judgment, otherwise,
enforcement of the lien is premature. It has to be
claimed before the full satisfaction of the judgment;
 d. The attorney has a claim for attorney’s attorney by
fees or advances; and reason of his
e. A statement of the claim has been duly professional
recorded in the case with notice thereof employment
served upon the client and the adverse As to Effect As soon as As soon as the
the attorney claim for
party.
gets attorney’s fees
possession had been
4. Usual steps: of papers, entered into the
documents, records of the
a. Receive a copy of the judgment; or property. case.
b. Make a Motion for Charging Lien; File it As to May be Generally,
during the hearing on the motion for Applicability exercised exercised only
execution (note that there is always a before when the
motion for execution, except for judgment or attorney had
compromise agreements); two possible execution or already secured
regardless a favorable
motions:
thereof. judgment for his
i. For execution; client.
ii. During the hearing of the execution of As to When When client
judgment; Note that the motion should be Extinguishment possession loses action, as
heard;394 otherwise, it is VOID. lawfully ends lien may only be
as when enforced against
Note: docket fees have to be paid for the court to lawyer judgment
acquire jurisdiction to enforce the charging lien. voluntarily awarded in favor
parts with of client,
c. Copy the adverse party (counsel of funds, proceeds
adverse party) and your client the Motion documents, thereof/executed
and papers of thereon.
(note that the client here becomes an
client or
adversary). offers them
d. The court records the attorney’s fee on as evidence.
the writ of execution—recorded by the
judge (no need to compel the sheriff)

5. Recent Jurisprudence on charging lien:

(Narvaez v. Abrogar)

Retaining Charging Lien

Lien
FEES AND CONTROVERSIES WITH CLIENTS
As to Nature Passive; Active; can be
cannot be enforced by
(QUANTUM MERUIT)
actively execution; a
enforced; it’s special lien RULE 20.02 – A LAWYER SHALL, IN CASES OF
a general REFERRAL, WITH THE CONSENT OF THE
lien. CLIENT, BE ENTITLED TO A DIVISION OF FEES
As to Basis Lawful Securing of a IN PROPORTION TO THE WORK PERFORMED
possession favorable money AND RESPONSIBILITY ASSUMED.
of papers, judgment for
documents, client. 1. On Rule 20.02 – This is not in the nature of a
property broker’s commission. This refers to delegation of
belonging to
the client.
work and not delegation of a case. As long as
As to Coverage Covers Covers all lawyer is responsible to his clien, there is no
papers, judgments for impropriety in delegating research work to
documents, the payment of another laywer What is prohibited by the Code
and money and of Professional Responsibility is splitting of
properties in execution issued Attorney’s fees with a non-lawyer.
the lawful in pursuance of
possession such judgment. 2. How does Lawyer-Referral System work? A:
of the Under this system, if another counsel is referred
 to the client, and the latter agrees to take him as
collaborating counsel, and there is no express
agreement on the payment of attorney’s fees,
the said counsel will receive attorney’s fees in
proportion to the work performed and
responsibility assumed. The lawyers and the
client may agree upon the proportion but in case
of disagreement, the court may fix the
proportional division of fees. (Lapena, 2009)
PROHIBITION AGAINST ACCEPTANCE OF ANY
FEE FROM OTHER PERSONS
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.
GR: It is intended to secure the fidelity of the lawyer
to his client’s cause and to prevent a situation in
which the receipt by him of a rebate or commission
from another with the client’s business may interfere
with the full discharge of his duty to his client. (Report
of the IBP Committee)
XPN: A lawyer may receive compensation from a
person other than his client when the latter has full
knowledge and401 approval thereof. (Sec. 20 (e),
Rule 138)
DUTY TO AVOID CONTROVERSIES
CONCERNING COMPENSATION
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.
(1998 Bar) GR: A lawyer should avoid the filing of
any case against a client for the enforcement of
attorney’s fees. The legal profession is not a money-
making trade but a form of public service. Lawyers
should avoid giving the impression that they are
mercenary402 (Perez v. Scottish Union and National
Insurance Co) It might even turn out to be
unproductive for him for potential clients are likely to
avoid a lawyer with a reputation of suing his clients.
XPN:
a. To prevent imposition
b. To prevent injustice
c. To prevent fraud
3. Where and how may attorney’s fees be claimed
by the lawyer?
a. In the same case – It may be asserted
either in the very action in which the
services of a lawyer had been rendered or
in a separate action.
b. In a separate civil action – A petition for
attorney’s fees may be filed before the
judgment in favor of the client is satisfied
or the proceeds thereof delivered to the
client.
Note: final determination of the fees will have to
await final judgment of the case, otherwise, it’s
premature.
4. What are the instances when an independent
civil action to recover attorney’s fees is
necessary?
a. Main action is dismissed or nothing is
awarded;
b. Court has decided that it has no
jurisdiction over the action or has already
lost it;
c. Person liable for attorney’s fees is not a
party to the main action;
d. Court reserved to the lawyer the right to
file a separate civil suit for recovery of
attorney’s fees;
e. Services for which the lawyer seeks
payment are not connected with the
subject litigation; and
f. Judgment debtor has fully paid all of the
judgment proceeds to the judgment
creditor and the lawyer has not taken any
legal step to have his fees paid directly to
him from the judgment proceeds.
5. What are the effects of the nullity of contract on
the right to attorney’s fees? If the nullification is
due to:
a. The illegality of its object – the lawyer is
precluded from recovering; and
b. Formal defect or because the court has
found the amount to be unconscionable –
the lawyer may recover for any services
rendered based on quantum meruit.
6. To what compensation is a lawyer entitled to?
 fees; and
a. Counsel de parte – He is entitled to the
reasonable attorney’s fees agreed upon, vi. The client dismissed his
or in the absence thereof, on quantum counsel before the
meruit basis. termination of the case.
b. Counsel de officio – The counsel may not
demand from the accused attorney’s fees 3. Instances when counsel cannot recover full
even if he wins the case. He may, amount despite written contract for attorney’s
however, collect from the government fees (2006 Bar) [This is other way of asking,
funds, if available based on the amount “when will quantum meruit apply”?]
fixed by the court.
c. Amicus Curae – not entitled to attorney’s i. When the services called for
fees. were not performed as
when the lawyer withdrew
QUANTUM MERUIT before the case was
finished, he will be allowed
1. Concept (1998, 2015 Bar): Quantum meruit only reasonable fees;
means, “as much as he deserves”. It is used
as the basis for determining the lawyer’s ii. When there is a justified
professional fees in the absence of a dismissal of the attorney,
contract, but recoverable by him from his the contract will be nullified
client. and payment will be on the
2. When is the measure of quantum meruit basis of quantum meruit
resorted to? (2007 Bar Question) only.409 A contrary
stipulation will be invalid;
Quantum meruit is resorted to when:
iii. When the stipulated
i. There is no express attorney’s fees are
contract for payment of unconscionable, when it is
attorney’s fees agreed upon disproportionate as
between the lawyer and the compared to the value of
client; services rendered and is
ii. Although there is a formal revolting to human
contract for attorney’s fees, conscience; More in the
the stipulated fees are next number.
found unconscionable or
unreasonable by the court; iv. When the stipulated
More in the next number. attorney’s fees are in
excess of what is expressly
iii. The contract for attorney’s provided by law;
fees is void due to purely
formal matters or defects of v. When the lawyer is guilty of
execution; fraud or bad faith toward his
client in the matter of his
iv. The counsel, for justifiable employment;
cause, was not able to finish
the case to its conclusion; vi. When the counsel’s
hence, he withdraws; services are worthless
because of his negligence;
EG: he can’t work effectively without
a collaborating counsel; client vii. When contract is contrary to
perpetuates fraud, commits illegal law, morals or public policy;
acts, etc. and

v. Lawyer and client disregard viii. Serving adverse interest

the contract for attorney’s unless the lawyer proves
 that it was with the consent
of both parties.
4. On Unconscionable Fees; Courts may
interfere and reduce contractually agreed
upon attorney’s fees when the same is
unconscionable or excessive. What is the
rationale behind this authority?
i. Indubitably intertwined with
the lawyer’s duty to charge
only reasonable fees is the
power of the court to reduce
the amount of attorney’s
fees if the same is
excessive and
unconscionable. (Roxas v.
De Zuzuarregui, Jr., G. R.
No. 152072, Jan. 31, 2006);
ii. A lawyer is primarily an
officer of the court hence
fees should be subject to
judicial control;
iii. Sound public policy
demands that courts
disregard stipulations for
attorney’s fees when they
appear to be a source of
speculative profit at the
expense of the debtor or
mortgagor (Borcena v. IAC,
et. Al.)
5. When are attorney’s fees considered as
unconscionable?
i. An amount compared to the
value of the services is so
disproportionate as to shock
human conscience.
ii. One in which no man in his
right senses, not under
delusion, would make on
one hand, and which no fair
and honest man would
accept on the other.
CONCEPTS OF ATTORNEY’S FEES
GR: in the absence of stipulation, a winning party
may be awarded attorney's fees only in case
plaintiff's action or defendant's stand is so untenable
as to amount to gross and evident bad faith.
[Napocor v. Philipp Brothers, Inc]
Attorney’s fees may not be awarded to a party simply
because the judgment is favorable to him, for it may
amount to imposing a premium on the right to
redress grievances in court.
EXPENSES OF LITIGATION: same policy as
attorney’s fees with respect to the expenses of
litigation. A winning party may be entitled to
expenses of litigation only where he, by reason of
plaintiff's clearly unjustifiable claims or defendant's
unreasonable refusal to his demands, was
compelled to incur said expenditures. [Napocor v.
Philipp Brothers, Inc]
Two Concept of Attorney’s Fees
1. Ordinary attorney’s fee – The reasonable
compensation paid to a lawyer by his client
for the legal services he has rendered to the
latter. (Pineda, 2009)
Note: The basis for this compensation is the fact
of his employment by and his agreement with the
client.
2. Extraordinary attorney’s fee – (1992 Bar) An
indemnity for damages ordered by the court
to be paid by the losing party in litigation.
Note: The basis for this is any of the cases
provided for by law where such award can be
made, such as those authorized in Article 2208
of the Civil Code, and is payable to the client,
NOT to the lawyer unless they have agreed that
the award shall pertain to the lawyer as
additional compensation or as part thereof.
It has 3 requirements:
a. Should be pleaded in the complaint
b. Must be proved by the party; how? Under
damages in NCC, like actual damages:
show receipts, contract; verbal proof may
be adduced—testimonial evidence may
be accepted by the court.
c. Court should explain the basis: factual &
legal (NCC).
ORDINARY CONCEPT OF ATTORNEY’S FEES
1. Ordinary attorney’s fee – The reasonable
compensation paid to a lawyer by his client for
 the legal services he has rendered to the latter.
(Pineda, 2009)
2. The basis for this compensation is the fact of his
employment by and his agreement with the
client.
3. Scenarios:
a. lawyers cannot claim additional payment
for legal services rendered in the same
case. They could not charge a fee based
on percentage, absent an express
agreement to that effect. Payments in
cash, checks, free products and services
from the client’s business may suffice.
b. Rationale: The practice of law is a decent
profession and not a money- making
trade. Compensation should be but a
mere incident.
EXTRAORDINARY CONCEPT OF ATTORNEY’S
FEES
1. Extraordinary attorney’s fee – (1992 Bar) An
indemnity for damages ordered by the court to
be paid by the losing party in litigation.
Note: The basis for this is any of the cases
provided for by law where such award can be
made, such as those authorized in Article 2208
of the Civil Code, and is payable to the client,
NOT to the lawyer unless they have agreed that
the award shall pertain to the lawyer as
additional compensation or as part thereof.
It has 3 requirements:
a. Should be pleaded in the complaint
b. Must be proved by the party; how? Under
damages in NCC, like actual damages: show
receipts, contract; verbal proof may be
adduced—testimonial evidence may be
accepted by the court.
c. court should explain the basis: factual & legal
(NCC).
2. The “attorney’s fees” found in the decisions of
courts belongs to the ‘extraordinary concept’,
that is, it’s in the nature of indemnity for
damages; hence:
GR: it belongs to the client, not to the lawyer [do
not be deceived by the term “attorney’s fees”;
XPN: unless they have agreed that the award
shall pertain to the lawyer as additional
compensation or as part thereof.
3. Rule on attorney’s fees being awarded as
damages and its exceptions.
GR: Attorney’s fees as damages are not
recoverable. An adverse decision does not ipso
facto justify their award in favor of the winning party.
XPN: Attorney’s fees in the concept of damages may
be awarded in any of the following circumstances:
Art. 2208. In the absence of stipulation, attorney's
fees and expenses of litigation, other than judicial
costs, cannot be recovered, except:
1) When exemplary damages are awarded;
2) When the defendant's act or omission has
compelled the plaintiff to litigate with third
persons or to incur expenses to protect his
interest;
3) In criminal cases of malicious prosecution
against the plaintiff;
4) In case of a clearly unfounded civil action or
proceeding against the plaintiff;
5) Where the defendant acted in gross and evident
bad faith in refusing to satisfy the plaintiff's
plainly valid, just and demandable claim;
6) In actions for legal support;
7) In actions for the recovery of wages of household
helpers, laborers and skilled workers;
Note: Article 111 of the Labor Code deals with the
extraordinary concept of attorney’s fees: it cannot be
used as basis for computing the lawyer’s ordinary
fees.
8) In actions for indemnity under workmen's
compensation and employer's liability laws;
9) In a separate civil action to recover civil liability
arising from a crime
10) When at least double judicial costs are awarded;
11) In any other case where the court deems it just
and equitable that attorney's fees and expenses
of litigation should be recovered. In all cases, the
attorney's fees and expenses of litigation must
be reasonable.
12) not in NCC: When there is an agreement;
13) not in NCC: When a special law so authorizes.

4. Why is there a need to state the reason for the
award of attorney’s fees in the text of the court’s
decision?
(Rationale) The award of attorney’s fees being
an exception rather than the general rule, it is
necessary for the court to make findings of facts
and law that would bring the case within the
exception and justify the grant of such award.
(Agustin vs. CA)
a. Is attorney’s fee deemed incorporated in
the general prayer for ‘such other relief
and remedy as this court may deem just
and equitable’?
No. Attorney’s fees must be specifically
prayed for and proven and justified in the
decision itself. (Trans- Asia Shipping
Lines, Inc. Vs. CA)
b. Can the Court of Appeals review the
decision of lower courts fixing attorney’s
fees?
Yes. The CA, in the exercise of its
jurisdiction to review the decisions of
lower courts can determine whether the
attorney’s fees fixed by said courts are
reasonable under the circumstances.
After taking into consideration the various
factors to guide the courts in the fixing of
such fees, an appellate court can reduce
the attorney’s fees stipulated by the
parties in a contract for professional
services or awarded by the lower court to
levels which it deems reasonable.
a.8 Preservation of Client’s
Confidences
CANON 21 - A LAWYER SHALL PRESERVE
THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED
Related: 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.
*The discussion in Canon 21, infra, refers more to
keeping secrets; the rest of the discussion on
confidences is under Canon 17, supra.
1. On Confidence
a. What is confidence? It refers to the
information protected by the attorney-client
privilege. (Report of IBP Committee)
b. What are secrets? It refers to 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 detrimental to the
client. (Ibid)
2. The protection given to the client is perpetual and
does not cease with the termination of the
litigation nor is affected by the party ceasing to
employ the attorney and employ another or any
other change of relation between them. It even
survives the death of the client.
3. On Termination of Services of a Lawyer
a. Confidentiality rule continues: A lawyer shall
preserve the confidences and secrets of his
client even after the attorney-client relation is
terminated (Canon 21, Code of Professional
Responsibility).
b. Part of the duty of Loyalty: An attorney owes
loyalty to his client not only in the case in
which he has represented him but also after
relation of attorney and client has terminated.
4. In case of conflicting opinions between two
counsels: the conflict shall be frankly stated to
the client for his final determination. His decision
is final. If the lawyer whose opinion was not
accepted could not practicably cooperate with
the decision, he can ask the client to relieve him
(Canon 7 of the CPE, not CPR)
PROHIBITED DISCLOSURES AND USE
RULE 21.01 - A LAWYER SHALL NOT REVEAL
THE CONFIDENCES OR SECRETS OF HIS
CLIENT EXCEPT:
1. May a lawyer reveal the confidences or secrets
of his client?
GR: A lawyer shall not reveal the confidences and
secrets of his client. NB: even if the attorney did not
accept the employment

XPN: (Rule 21.01)
a. [CONSENT OF CLIENT] When authorized
by his client after acquainting him of the
consequences of the disclosure;
Note: as to the lawyer’ secretary, stenographer or
check, the consent of the lawyer is also necessary.
b. When required by law;
c. When necessary to collect his fees or to
defend himself, his employees or
associates by judicial action.
2. What are the acts punished as betrayal of trust
by attorney as provided for in Art. 209 of the
Revised Penal Code?
a. By causing damage to his client, either by:
i. any malicious breach of professional
duty or
ii. inexcusable negligence or ignorance
b. By revealing any of the secrets of his clients
learned by him in his professional capacity.
c. By undertaking the defense of the opposing
party in the same case, without the consent
of his first client, after having undertaken the
defense of said first client or after having
received confidential information from said
client.
RELATED RULES ON PROHIBITED
DISCLOSURES
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.
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 OTHER SIMILAR
PURPOSES.
Confidential information obtains even against
government agencies and instrumentalities. (Funa,
2009)
RULE 21.04 [next thought unit]
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
CLIENT.
RULE 21.06 – A LAWYER SHALL AVOID
INDISCREET CONVERSATION ABOUT A
CLIENT’S AFFAIRS EVEN WITH MEMBERS OF
HIS FAMILY.
RULE 21.07 – A LAWYER SHALL NOT REVEAL
THAT HE HAS BEEN CONSULTED ABOUT A
PARTICULAR CASE EXCEPT TO AVOID
POSSIBLE CONFLICT OF INTEREST.
DISCLOSURE; WHEN ALLOWED
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
GR: a lawyer may disclose the affairs of a client of
the firm to partners or associates thereof. The
employment of a member of a firm is generally
considered as employment of the firm itself.
XPN: unless prohibited by the client.
a.9 WITHDRAWAL OF SERVICES
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
(infra):
Lawyer withdrawing from the case
1. Right to Withdraw [1998 Bar]
GR: A lawyer lacks the unqualified right to withdraw
once he has taken a case. By his acceptance, he
has impliedly stipulated that he will prosecute the
case to conclusion. This is especially true when such
withdrawal will work injustice to a client or frustrate
the ends of justice.
Note: Hot Potato Rule: the principle that a lawyer
may not unreasonably withdraw from representing a
client.
XPN: The right of a lawyer to retire from the case
before its final adjudication, which arises only from:
i. The client’s written consent;
Note: this one does not require approval of the court,
especially if accompanied by the appearance of a
new counsel.
ii. or by permission of the court after due
notice and hearing.
iii. Under Canon 22: only for good cause and
upon notice appropriate under the
circumstances.
Note: an admission of guilt by the client is not a valid
cause of withdrawal.
Note: the lawyer is still considered the counsel of
record until his withdrawal of appearance has been
actually filed and granted.
3. Rule 22.01 - A lawyer may withdraw his services
in any of the following cases:
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;
EG: a lawyer can withdraw if a client insists
on presenting lying witnesses
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;
Note: heavy workload is not a sufficient reason for a
counsel to withdraw.
e. When the client deliberately fails to pay the
fees for the services or fails to comply with
the retainer agreement;
Note: if it’s only the client’s disagreement to an
increase in lawyer’s fees, there is no valid ground to
withdraw
Note: In the cases above, the lawyer must file a
written motion with an express consent of his client
and the court shall determine whether he ought to be
allowed to retire. He may also retire at any time from
an action or special proceeding without the consent
of his client, should the court, on notice to the client
and attorney, and on hearing, determine that he
ought to be allowed to retire. (Sec. 26, Rule 138,
RRC).
f. When the lawyer is elected or appointed to
public office; and
g. Other similar cases.
The following are not in Rule 22.01
h. When the client deliberately fails to pay the
fees for the services or fails to comply with
the retainer agreement;
i. When the lawyer finds out that he might be
appearing for a conflicting interest.
4. What is the procedure when withdrawal is
without client’s consent?
a. File a petition for withdrawal in court.
b. Serve a copy of this petition upon his client
and the adverse party at least 3 days
before the date set for hearing.
i. He should present his petition well
in advance of the trial of the action
to enable the client to secure the
services of another lawyer.
ii. If the application is filed under
circumstances that do not afford a
substitute counsel sufficient time
to prepare for trial or that work
prejudice to the client’s cause, the
court may deny his application and
require him to conduct the trial.
iii. A lawyer should not presume that
the court will grant his petition for
withdrawal. Until his withdrawal
shall have been [ap]proved, the
lawyer remains counsel of record
 who is expected by his client as
well as by the court to do what the
interests of his client require.
Client discharging the services of his lawyer
1. Right of the client to dismiss the lawyer (1988,
1998 Bar): A client has the right to dismiss his
lawyer at any time, with or without just cause.
The existence or non-existence of just cause is
material only for determining the right of the
lawyer to compensation for services rendered.
The client's right to terminate the lawyer's
services springs from the strictly personal and
highly confidential nature of the relationship
between the lawyer and the client. Once the
client loses confidence in his lawyer, he has the
right to dismiss him.
2. Can a client discharge the services of his lawyer
without a cause? (1994, 1997, 1998 Bar
Question)
Yes. A client has the right to discharge his
attorney at any time with or without a cause
or even against his consent.
a. With just cause – lawyer is not
necessarily deprived of his right to be
paid for his services. He may only be
deprived of such right if the cause for his
dismissal constitutes in itself a sufficient
legal obstacle to recovery.
b. Without just cause
i. No express written agreement
as to fees - reasonable value
of his services up to the date of
his dismissal (quantum
meruit).
ii. There is written agreement
and the fee stipulated is
absolute and reasonable – full
payment of compensation.
iii. The fee stipulated is
contingent.
iv. If dismissed before the
conclusion of the action -
reasonable value of his
services (quantum meruit)
v. If contingency occurs or client
prevents its occurrence – full
amount.
Note: A lawyer should question his discharge
otherwise he will only be allowed to recover on
quantum meruit basis.
3. What are the limitations on client’s right to
discharge the services of his lawyer?
a. When made with justifiable cause, it shall
negate the attorney’s right to full payment
of compensation.
b. The attorney may, in the discretion of the
court, intervene in the case to protect his
right to fees.
c. A client may not be permitted to abuse
his right to discharge his counsel as an
excuse to secure repeated extensions of
time to file a pleading or to indefinitely
avoid a trial.
4. Is notice of discharge necessary? It is not
necessary between client and attorney. But
insofar as the court and the adverse party is
concerned, the severance of the relation of
attorney and client is not effective until:
a. A notice of discharge by the client or a
manifestation clearly indicating that
purpose is filed with the court; and
b. A copy thereof served upon the adverse
party.
5. What should a lawyer do if no notice of discharge
was filed by the client with the court? If the client
has not filed a notice of discharge, the duty of the
attorney, upon being informed by his client that
his services have been dispensed with, is to file:
a. A notice of withdrawal with the client’s
conformity; or
b. An application to retire from the case, he
being released from professional
responsibility only after his dismissal or
withdrawal is made of record.
6. What are the conditions for substitution of
counsel?
a. Written application;
b. Written consent of the client;
c. Written consent of the attorney to be
substituted, or in the absence thereof,
proof of service of notice of said motion
 to the attorney to be substituted in the
manner prescribed by the rules.
7. For the duties of the discharged lawyer, see next
Rule [Rule 22.02]

RULE 22.02 – A LAWYER WHO WITHDRAWS OR

IS DISCHARGED SHALL, SUBJECT TO A
RETAINING LIEN, IMMEDIATELY TURN OVER
ALL PAPERS AND PROPERTY TO WHICH THE
CLIENT IS ENTITLED, AND SHALL COOPERATE
WITH HIS SUCCESSOR IN THE ORDERLY
TRANSFER OF THE MATTER, INCLUDING ALL
INFORMATION NECESSARY FOR THE PROPER
HANDLING OF THE MATTER.

What are the duties of a discharged lawyer or one

who withdraws?

1. Immediately turn-over all papers and property to

which the client is entitled; and

2. To cooperate with his successor in the orderly

transfer of the case.