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party has already given certain amount like the heirs, due to financial
Legal Profession is capacity can also affect the obligation
Noble Any man’s cause for money is against our lawyer’s oath
Important – protecting life, liberty and property A lawyer should not be an instigator of controversy
Prestigious – you are looked upon in the community It requires considerable sacrifice and at times heroism of materialistic aspect
Glamorous in observing the rules of professional conduct
Learned – continuous learning and training Legal profession entails responsibility with the trial court and society
Popular You have a wide responsibility, and it is a privilege - meaning you have no
Dignified profession perpetual right to the legal profession (disbarment or suspension)
While admission to the bar enables the function of a lawyer, IT DOES NOT
It is the most misunderstood, subject to criticism and malign AUTOMATICALLY confirm the status of her profession
You have to observe ethical standard It makes long training to studies, there is much more in the profession
Everything in lawyers oath is your obligation as a lawyer Being a lawyer is public service
Your purpose and duty is to the court In the ancient times, lawyers legal profession is not an attractive profession,
it is not respected
3 L’s of the Legal Profession – Logic, Law, Language
AFTER MIDTERMS LECTURES Utopia- it is a lawyer less society, they consider lawyers as a group of men
who’s duty is to disguise matters
LEGAL PROFESSION – November 15, 2018 A lawyer can earn a rightful place in the profession via thorough intellectual
preparation, rigid self discipline, faithful performance of their private and
We have tremendous influence on public affairs public responsibility
Our main vision is to attain justice in all aspect of our society The constitution has something to say about legal profession. No person shall
It is the responsibility of the lawyer to explain the pros and cons of the case, be deprived of life, liberty and property without due process and equal
analyze the facts or situation and tell your client if there is possibility for any protection. If you are given notices, due process is given. Due process – given
action the opportunity to defend yourself.
Honestly tell the client about his position on a case Lawyers Oath is our bible because it has our duty to the court, to our
profession and the society
We have a moral obligation to the court and to the clients
At the pre-trial, the effectiveness of the witness are distinguished at the pre
trial. At the pre-trial the lawyer must have already analyze the position of
NOVEMBER 21, 2018 LECTURE
the parties, and know the facts and the applicable law
Based on the submission, you already know the merits of the case and know
Training must be congruent with the bar subjects
what to do for the possible settlement of the case
Practitioner is governed by conduct
At the pre trial, you have the possibility of a peaceful settlement
Mediation – works of a lawyer
Practice of profession not only involves practice in the court but also in other Lawyer and client relationship – implied contract, confidential
fields Order and Silence are enjoined in the conduct at the start of proceedings in
Legal theories and skills needed must be taught in the school so that students the court
will be prepared in the practice If you shout you can be charged of contempt of court
You must learn how to object during practice It is highly immoral to purchase personal property of his/ her clients
Convince your client to reveal everything Avoid undue influence of lawyers upon his clients – can be a ground for
Full time teachers can devote more in the conveyance of legal duties to their disbarment
students Even after death of client, a lawyer cannot divulge confidential information
Practice of Law – any legal activities conducted in and out of court in any Must render accounting of money or property enjoyed by your client
tribunal agency..could be legal counselling, conducting research, drafting of Lawyers duty to the client is fiduciary – can be expressed or implied contract
legal documents (Cayetano vs. Monsod) Lawyer has duty and responsibility
You need not to have a law office in the practice An attorney-client relationship can be an expressed or implied contract
In the exercise of practice of law, there is public trust, public matter and When the court appoint a lawyer as a counsel to someone, even without
public interest express agreement, the moment the lawyer renders legal services to the
A lawyer is an officer of the court, whose duty to the court includes client, an attorney and client relationship is already on going
administration of justice. An Atty-Client relationship is fiduciary, personal and strictly confidential,
The duty to your client is only secondary or subordinate to your duty to the whatever is relayed by the client to the lawyer, it is strictly between the two
court. of them
Client success is subordinate to the court A lawyer may decline for conflict of interest
One must be morally qualified, even if he lost the case, as long as you A lawyer cannot decline a criminal case
administered justice, don’t be frustrated Effect if a lawyer will always decline a criminal case, the accuse will be
The court represents the judge and the judge represents the court deprived of the equal protection of law
You should not personally attack the court or judge, just the ARGUMENT The lawyer is not the judge to determine the guilt or innocence of the accuse.
Lawyer must always observe respect. He must be morally qualified. It is always the judge. You will only present to the court your position if valid
2 Faces of the case – winning and losing under circumstances especially if the accuse is poor, you should not deprive
Be respectful and behave in the court them of assistance as counsel
Being an officer of court, he must be intellectually prepared in order to attain Do not pretend and assume that you are going to win the case even if you
speedy justice honestly believe that you have a strong merit to this case in order to avoid
While he has the duty to protect client, it must be done within the limits of frustration from your client, because you are not the one who will decide
the law and ethics, it must be done in accordance with the law FIDUCIARY RELATIONSHIP – A lawyer owes his client an entire devotion of the
Attorney – Client relationship – FIDUCIARY, PERSONAL and STRICTLY right of his client
CONFIDENTIAL The lawyer has multiple duties and responsibilities
There is always presumption that judge needs his work You should not take due advantage of client, render accounting of the money
In the decision of court of appeals, those that dissented, gives benefit of the or property of your client
doubt to judge
Once your opponent has been your client before, it means some of the Limitation is the payment for all services by the lawyer
matters you came across before with your client of yours, it is highly Lawyer may not terminate services or withdrew from the case except for
unethical for you to accept that certain client, because subject of the same good reason such as when client pursues an illegal or immoral conduct,
have already come to your knowledge before because it involves previous lawyer may terminate from the case
case where you have appeared beforehand A lawyer who wants to maintain standing has the right to withdrew
If a lawyer is a person of interest or rendered services to a person, he cannot Also when client insist that the lawyer pursue conduct in violation of his
accept to be an opposite party, there is misrepresentation of interest by the profession, lawyer may terminate /inducement of the lawyer of illegal
acceptance conduct
It is highly immoral to have interest on the property of your client (Art 91 of When a client dictates to the lawyer what he wants and thinks, lawyer may
NCC) if it is the lawyer who purchased the subject property of his case withdraw the case
They can make the price lower Except: when lawyer ask you something
Even the sheriff of the court cannot acquire the property for public auction Lawyer has to side; either to win or lose the case
The reason is that we want to avoid undue interest of the lawyer upon his The inability with one counsel to work with another counsel: its ethical for
client on the account of fiduciary relationship with his client lawyer to withdraw
The prohibition applies to every atty-client relationship and the property is Physical condition of the lawyer can be reason for termination/ withdrawal
the subject of the case of the lawyer to the case
When the client deliberately failed to pay attys fee or fails the obliged
If the lawyer who violates this is guilty, it can be a ground of disbarment
retainer fee
Lawyers are not allowed to divulge their clients
Appointment of lawyers to government position – lawyer may withdraw
Lawyers should be alert during trial to ask for exclusion of other rules services
Your duty to your client to make necessary objection Discharge of lawyer services are thru retainer’s lien
The prohibition continues even after the client relationship Need to immediately transfer papers or property of client, all info necessary
Reason: Client is fully free to disclose to his counsel his information for proper handling of the case
File a motion to the court, of intention to withdraw on the case with the
consent of the client – reason: in order for client not to be helpless in looking
NOVEMBER 29, 2018- lecture – legal profession for new counsel for the case / have to inform the court
On Attorney’s Fee: historically, lawyer does not demand or charge
TERMINATION OF THE SERVICES OF A LAWYER compensation for his services (in the old days); only honorarium (not
nowadays)
A client can terminate or discharge services of lawyer at any time without Law profession being honorable
any reason Lawyer must clarify fees with the client for pleadings filed etc.
has the right to terminate lawyer client relationship Lawyer’s charge depends on the services rendered ,(criteria for charging) but
Client can discgharge in any time cannot demand unreasonable charges
Relationship is based on trust and confidence Attorney is not entitled to fee if: he committed misconduct, conflicting
Can be terminated at any state in the proceeding, because the relationship interest, or withdrew from the case, or if admitted to PAO
is based on trust and confidence / any moment he lost trust and confidence
If party has no counsel, court can appoint somebody for her (counsel de Appearance is silence agreement
officio) Breach of duty to the Bar – encroaching upon the case of another lawyer
Appearing for a case of another lawyer is not allowed
If opponent is previous client before, there is conflict of interest
Factors to be Considered in Nature of Compensation: Gross negligence – failed to filed necessary pleading or order from the court
– lawyer liable – Counsel must file appellee’s fee (45 days to file the same)
Contract or quantum merit – as much as what the lawyer deserves Gross Ignorance of Law -
Quantum merit depends on: (factors to consider) the time and skills needed, Misappropriation of funds that client entrusted to you is not allowed
difficulty of the case, contingency, customary rate, professional standing, Contempt of Court- gross misconduct – can be direct (any act of the lawyer
importance of case, value of the subject matter property, gravity of the while the case is going on eg: you disturbed the proceedings, court can
offense, impose fine or penalized imprisonment for acts or misbehavior) or indirect –
(you are required to do something) gross disrespect of court, constitutes
obstruction justice
There is no express contract, contract is unconscionable, contract is void, Moral obligation of the lawyer to settle case
lawyer does not dismissed the case
Attorneys lien is protection for unscrupulous client - those who does not want
to pay LECTURE – LEGPROF – DECEMBER 06, 2018
According of standard of living, time spend, importance of the case –
Lawyer has right to retain to documents and papers properties in possession A lawyer must treat the cause of his client the best of his ability and treat
until he has been paid his opposing counsel with respect
Charging lien – claim for money where lawyer state in the record during the You should avoid all personalities and personal pecularities of the opposing
proceedings in the agreement the amount of lawyer’s fee counsel because it will not win you in the case
A lawyer is liable for various acts under art 208 and 209 of RPC It is the obligation of every lawyer to give proper advice and assist to those
pertain to dereliction of duties or those who maliciously refrain from who are seeking relief against unfaithful or neglectful counsel
instituting prosecution against violator, maliciously aiding Who would not comply with order of the court = neglectful counsel
Knowing the commission of the crime but does not cause prosecution of the A lawyer should not induce a client to retain him by promoting a better
same – lawyer is liable service
Art 209 RPC – betrayal of trust by an atty or solicitor – priccion correctional – A lawyer should not guarantee or assure client that you will win the case
200 to 1k fine may be imposed to such atty Do your best for the protection of your client
Malicious breach of profession You should not advertise your client your service
Inexcusable negligence which cause damage
It is not proper to make comparison of your services against another lawyer
Revealing secrets of client – lawyer is liable
A lawyer gains rightful place by thorough intellectual preparation, rigid
Art 4091 – Breach of fiduciary relationship
self-discipline and faithful performance of his public and private
Ypu cannot purchase property of client during the case is not allowed(undue
responsibility**** for memorization
influence and taking advantage)
Unauthorized appearance – breach of duty Read, reviewed, examined and studied = intellectual preparation*****
Rigid discipline= be on time to the Court and file necessary pleadings Priest cannot testify
within the time/allowed period Doctors and patient, unless there is consent
Do not make a habit filing a motion for extension of time to file pleadings A lawyer should not have motive or interest or encourage any suit
Members of the IBP – as soon as a lawyer takes his oath, automatic he Possibility of peaceful settlement- PRE -TRIAL STAGE
becomes member of the IBP**** Pre-Trial stage = lawyer should exercise all his best skill to arrive amicable
It is mandatory, once you are a member, you will pay members fee settlement, avoid friction and lessen litigation
IBP is not partisan assoc. where official elected at certain term It is not good for lawyer to bring suit in cases which involve blood
There are lawyers disqualified as member of IBP relationship, lawyer cannot bring suit without seeing family counsel
-hold elective position Court personnel, police man and other person who has something to do to
-judicial position the case – you can use as witness
-quasi or prosecuting office There is such thing as indigent litigant – the lawyer should defend them and
As soon as official file candidacy he becomes ipso facto as official of IBP make himself available especially for the poor and financially disadvantaged
Disqualified: Accept appointment in the government office, quasi or It is his role to represent the poor and the oppressed
prosecutory office in the government You should not decline to defend the accused (good bargaining = enter plead
If you will hold position in the government, you will have to resign as of guilt for a lesser offense)
counsel If accused is already detained and you are appointed counsel, determine if
Duties of a Lawyer he has served his sentence, you can ask him to plead guilty
Mission of Lawyer = PUBLIC SERVICE by assisting administration of justice Good brilliant performance in the case, spreads like fire and it is your
HE should be the one to comply the authorities and the law unending advertisement of your profession
It is you who will make yourself a brilliant lawyer
Your voice modulation can help
DUTIES OF A LAWYER SC can admit members of bar and also discipline
Maintain allegiance to the republic of the PH CA and Trial Court can also exercise disciplinary lawyers
Uphold Constitution and obey the laws of the land Disbarment / Disciplining Lawyers= to protect the public from unscrupulous
A lawyer is descendant of the law and belong to prof in which society has lawyers
entrusted administration and dispense of justice, not only win the case of the
client, not because of some activities but win the case SUBJECT FOR SUSPENSION OR DISCIPLINE OF A LAWYER
Lawyer should not do something repugnant in the administration of justice
In order that a witness to be credible see to it that he can persede on what DECEIT
happened, through motion, through sign GROSS MISCONDUCT
Before presenting witness should not be disqualified CRIME OF MORAL TURPITUDE
Witness cannot testify because of privilege communication = husband and GROSS IMMORAL CONDUCT
wife cannot testify against each other, or against ascendants WILLFIL DISOBEDIENCE
CORRUPTING OR APPEARINGA S LWYER WITHOUT AUTH FROM CLIENT
Lawyer cannot testify on matters that was confided to him by his client SOLICITATION F CASES FOR PURPOSE OF GAIN PERSONALLY OR FOR GAIN