PROBLEM AREAS IN LEGAL ETHICS

Course Syllabus

I. LEGAL ETHICS

A. Practice of Law (Rule 138)

Case/s:
Cayetano vs. Monsod, 201 SCRA 210
Ulep vs. The Legal Clinic, Inc., BM No. 553, June 17, 1993

1. Concept
a) Privilege
Case/s:
Bernardo vs. Mejia, 531 SCRA 639
Venterez vs. Cosme, 535 SCRA 378

b) Profession
Case/s:
Velasco vs. Doroin, 560 SCRA 1
Overgaard vs. Valdez, 567 SCRA 118

2. Qualifications
a) Citizenship
Case/s:
Petition for Leave to Resume Practice of Law, Benjamin M.
Dacanay, 540 SCRA 424

b) Residence
c) Age
d) Good Moral Character
e) Education
f) Bar Examination
Cases/s:
Re: Letter of Atty. Estelito Mendoza proposing reforms in the
bar examinations through amendments to Rule 138 of the
Rules of Court, BM 1153 , March 29, 2010

g) Lawyer’s Oath
Case/s:
In re: Argosino, 270 SCRA 26

Signing of the Roll of Attorneys

In Re: Petition to Sign the Roll of Attorneys, BM No. 2540

3. Appearance of non-lawyers
a) Law Student Practice Rule
Case/s:
Bar Matter No. 730 June 13, 1997
Ferdinand Cruz vs. Alberto Mina, GR No. 154207, April 27, 2007
A.M. No. 19-03-24-SC Rule 138-A Law Student Practice
b) Non-lawyers in courts
Litigation by agent
Litigation by party
c) Non-lawyers in administrative tribunals
d) Proceedings where lawyers are prohibited from appearing

4. Sanctions for practice or appearance without authority

 a) Lawyers without authority
b) Persons who are not lawyers

5. Public officials and practice of law

a) Prohibition or disqualification of former government employees
b) Public officials who cannot practice law
Relative prohibition
Absolute prohibition

6. Readmission to practice
Case/s:
In the Matter of the Petition for Reinstatement of Rolando
Torres, August 25, 2015
Que vs. Revilla, Jr., A.C. No. 7054, November 11, 2014
Macarrubo vs. Macarrubo, AC No. 6148, February 27,
2004 and January 22, 2013

B. The Code of Professional Responsibility

1. Four-fold duties of a lawyer
a) Duties to society
i. Respect for law and legal processes (Canon 1)

Ui vs. Bonifacio, 333 SCRA 38

Figueroa vs. Barranco, 276 SCRA 445
Cordova vs. Cordova, 179 Phil 680
Estrada vs. Sandiganbayan, 416 SCRA 465

ii. Efficient and convenient legal services (Canon 2)

Ledesma vs. Climaco, 57 SCRA 473

In re Tagorda, 53 Phil 37

iii. True, honest, fair, dignified and objective information on legal services
(Canon 3)

Khan vs. Simbillo, 409 SCRA 299

Ulep vs. Legal Clinic (1993)
Dacanay vs. Baker and McKenzie, 136 SCRA 349
Samonte vs. Gatdula, 303 SCRA 756
Cruz vs. Salva, 105 Phil 1151

iv. Participation in the improvement and reforms in the legal system

(Canon 4)
v. Participation in the legal reform program (Canon 5)
vi. Application of the Canons to lawyers in government service (Canon 6)

People vs. Pineda, 20 SCRA 748

Misamin vs. San Juan, 72 SCRA 491
Vitriolo vs. Dasig, 400 SC RA 172
PCGG vs. Sandiganbayan, 455SCRA 526 (2005)

b) Duties to the Legal Profession

i. Integrated Bar of the Philippines

Membership and dues

ii. Upholding the dignity and integrity of the profession (Canon 7)

 In Re Telesforo Diao, A.C. No. 244, March 29, 1963
Zaguirre vs. Xastillo, 398 SCRA 659 (2003)

iii. Courtesy, fairness and candor towards professional colleagues (Canon

8)

Valencia vs. Cabanting (1991)

Likong vs. Lim, 235 SCRA 414

iv. No assistance in unauthorized practice of law (Canon 9)

Aguirre vs. Rana, 403 SCRA 342 (2003)

OCA vs. Ladanga, 350 SCRA 326 (2001)

c) Duties to the Courts

i. Candor, fairness and good faith towards the courts (Canon 10)

Young vs. Batuegas, 403 SCRA123 (2003)

Adez Realty Inc. vs. CA, 215 SCRA 301 (1992)

ii. Respect for courts and judicial officers (Canon 11)

In re letter dated 21 February 2005 of Atty. Noel Sorreda (2006)

In re: Sotto, 82 Phil 595 (1949)
Maceda vs. Vasquez, 221 SCRA 464 (1993)

iii. Assistance in the speedy and efficient administration of justice

(Canon 12)

Forum shopping
PNB vs. Uy Teng Piao, 57 Phil 337, 1932

iv. Reliance on merits of his cause and avoidance of any impropriety

which tends to influence or gives the appearance of influence upon
the courts (Canon 13)

d) Duties to the Clients

Nature of attorney-client relationship

Forms of employment of the counsel

i. Availability of service without discrimination (Canon 14)

Incentives for giving free legal service

Appointment of counsel de officio
Services of counsel de officio
Valid grounds for refusal

ii. Candor, fairness and loyalty to clients (Canon 15)

Privileged communication rule

Mercado vs. Vitriolo, A.C. No. 5108, May 26, 2005
Doctrine of imputed knowledge
Conflict of interest
Castro-Justo vs. Galing, A.C. No. 6174, November 16, 2011
 Test to determine conflict of interest
Effects of representing adverse interests
Candid and honest advice to clients
Compliance with laws
Concurrent practice of another profession

iii. Client’s moneys and properties (Canon 16)

iv. Fidelity to client’s cause (Canon 17)

v. Competence and diligence (Canon 18)

Adequate protection
Lawyer’s Negligence
Instances where client is not bound by counsel’s negligence
Collaborating counsel
Islas vs. Platon, 47 Phil 162)
Duty to apprise client

vi. Representation with zeal within legal bounds (Canon 19)

vii. Attorney’s fees (Canon 20)

Acceptance fees
Contingency fee arrangements
Quantum meruit
Champertous contracts
Attorney’s liens
Fees and controversies with clients
Concepts of attorney’s fees

viii. Preservation of client’s confidences (Canon 21)

ix. Withdrawal of services (Canon 22)

C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)

Nature and characteristics of disciplinary actions against lawyers

Grounds
Case/s:
Vitug vs. Rongcal, AC No. 6313, September 7, 2006
In re: Disbarment of Armando Puno, AC No. 389, February 28,
1967
Proceedings
Discipline of Filipino lawyers practicing abroad

D. Readmission to the bar

Re: Petition For Extraordinary Mercy Of Edmundo Macarubbo, A.C. No. 6148,
January 22, 2013

E. Mandatory Continuing Legal Education

F. Notarial Practice Rule (A.M. No. 02-8-13-SC, as amended)

II. JUDICIAL ETHICS

A. Sources
B. Qualities
C. Discipline of members of the judiciary
D. Disqualification of Justices and Judges (Rule 137)
E. Powers and duties of courts and judicial officers (Rule 135)
F. Court records and general duties of clerks and stenographers (Rule 136)
G. Legal fees (Rule 141)
H. Costs (Rule 142)