Code of Professional

Responsibility:
CANONS 21 - 22
Legal Ethics Atty. Gimenez
PUP College of Law
JD 1-3
ManicadUrfillaYepes

CANON 21:
A LAWYER SHALL
PRESERVE THE
CONFIDENCE AND
SECRETS OF HIS CLIENT
EVEN AFTER THE
ATTORNEY-CLIENT
RELATION IS TERMINATED

Rule 1: A lawyer shall not reveal the confidences

and secrets of his client, except: when,
1) authorized by the client after acquainting him of the
consequences of the disclosure;
2) required by law; and
3) Necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.

Confidence information
protected by Attorney-Client
relationship.
Secret information gained in
the professional relationship
which the client wishes not to be
held inviolate

Mode of Communication
oral, writing, actions/signs

Evidentiary privilege: All elements inherent in

the rule must concur to make the communication
privilege against disclosure.
Exceptions to Privilege (C/W-LPC)
1) Consent or waiver of the client.
- GR: Only the client can waive the privilege.
-XPN: Lawyers consent is necessary (secretary, court
stenographer, clerk)
2) Law requires disclosure.
3) Disclosure is to protect lawyers rights
4) Communication is made in contemplation of a crime or fraud

GR: Lawyer is not allowed to invoke the privilege and

refuse to divulge the name or identity of his client.
WITNESS human instrumentality through which the
law and its ministers/judges, endeavors to ascertain the
truth and to dispense justice to the contemplating
parties.
a) Lawyer may interview a witness in advance of trial.
b) Lawyer may interview & obtain information from
prospective witness of the opposing parties (civil &
criminal actions)
c) Lawyer may endeavor to honorably obtain adverse
partys witness retraction if it committed perjury.

Rule 2: 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 3: A lawyer shall not without the written consent of his client,
give information from his files to an outside agency seeking such
information for auditing, statistical, bookkeeping, accounting,
data processing or any similar purpose.

Rationale: Anything obtained by the lawyer in the

course of their professional relationship is part of the
privilege matter.

Rule 4: A lawyer may disclose the affairs of a

client of the firm to partners or associates thereof
unless prohibited by the client.
Rationale: Professional employment of a firm is
equivalent to the retainer of its whole members thereof.

Rule 5: A lawyer shall adopt such measures as may be

required to prevent those whose services are utilized by him,
from disclosing or using confidences or secrets of the clients.

Rationale: Due care must be applied in selecting and

training his employees so that the sanctity of all
confidences and secrets may be preserved.

Rule 6: A lawyer shall avoid indiscreet

conversation about a clients affairs even with
members of his family.
Rationale: Lawyer shall avoid committing calculated
indiscretion, that is accidental revelation of clients
secret that would jeopardize the client.

Rule 7: A lawyer shall not reveal that he has been

consulted about a particular case except to avoid
possible conflict of matter.
Rationale: The disclosure and the lawyers opinion
thereon creates attorney-client relationship, even though
the lawyer does not eventually accept employment.

Related cases:
UY CHICO vs. UNION LIFE ASSURANCE SOCIETY
29 Phil 163
PEOPLE vs SY JUCO
64 Phil 667, 1937

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

APPEARANCE act of
submitting or presenting
oneself to the court, either
as plaintiff or defendant,
personally or through
counsel, to seek reliefs
from the court.

GENERAL APPEARANCE
party comes to court,
either plaintiff or
defendant, to seek relief.

COUNSEL DE PARTE he
who appears in the lower
court is presumed to
continue representing the
client on appeal.

SPECIAL APPEARANCE
defendant appears solely
for the purpose of objecting
the jurisdiction of the court
over his person.

FORMAL NOTICE OF
APPEARANCE bears
written conformity of the
client and name of the
counsel of record;
submitted to the court and
adverse party.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
Mercado vs Ubay
Mercado(siblings) filed an action for partition with the Court of
First Instance (CFI) Cavite Br. 1 against the SAMONTE siblings.
The defendants filed their answer to the complaint thru their
counsel, Atty. Danilo Pine. CFI rendered judgment in favor of
petitioners. Since no appeal was made by any of the
defendants, the decision became final and executory, then
the trial court issued the corresponding writ of execution.
Before the writ of execution could be carried out, the
defendants filed a petition for certiorari and mandamus
seeking to annul the writ of execution. The Court of Appeals
dismissed the petition for lack of merit.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
CIVIL CASE NO. C-2442: Respondent Lucina and Trinidad
Samonte filed an action before the CFI of Rizal for the
annulment of the judgment rendered by the trial court on
CIVIL CASE NO. TM-223, alleging that they did not authorize
anyone including Atty. Pine to represent them in said case.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
Issue:
Whether or not Atty. Pine is duly authorized to represent petitioner in the case at bar

Ruling:
An attorney is presumed to be properly authorized to represent any cause in which
he appears, and no written power of attorney is required to authorize him to
appear in court for his client (Sec. 21, Rule 138, Rules of Court). The fact that
private respondents had not personally appeared in the hearings of Case TM-223 in
the trial court is immaterial. The filing of the answer by and appearance of Atty.
Danilo Pine in their behalf are sufficient to give private respondents standing in
court. It is hard to believe that a counsel who has no personal interest in the case
would fight for and defend a case with persistence and vigor if he had not been
authorized or employed by the party concerned.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
Land Bank of the Phil. Vs. Pamintuan Devt Co.
Attys. Engilberto F. Montarde and Felix F. Mesa, filed a Notice of Entry
of Appearance in behalf of Land Bank on an appeal on DARAB Case
for Preliminary Determination of Just Cause. Respondent filed an
Opposition contending that the notice of appeal and notice of entry
of appearance should be denied due course because Attys. Montarde
and Mesa failed to show that their appearance was authorized by
petitioner. Said new counsels, on the other hand, asserted that they
were duly authorized, attaching to their Comment the Special Power
of Attorney (SPA) executed by Gilda E. Pico, Executive Vice President
of petitioner, authorizing Loreto B. Corotan to represent,and
designatingAttys. Montarde and Mesa as counsels for LANDBANK.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
Issue:
Whether or not Attys. Montarde and Mesa were duly authorized
to represent petitioner.

A lawyer is presumed to be properly authorized to represent

any cause in which he appears ad no written power of
attorney is required to authorize him to appear.
Ruling:
The presumption in favor of the counsels authority to appear in behalf of a client is a strong one. A
lawyer is not even required to present a written authorization from the client. In fact, the absence
of a formal notice of entry of appearance will not invalidate the acts performed by the counsel in
his clients name.However, the court, on its own initiative or on motion of the other party require
a lawyer to adduce authorization from the client.
In the case at bar, the filing of a notice of entry of appearance by Attys. Montarde and Mesa, gave
rise to the presumption that they have the authority to file the notice of appeal in behalf of
petitioner. When their authority was challenged, they presented the SPA executed by Gilda E.
Pico, Executive Vice President of LANDBANK authorizing them to represent petitioner; and the two
memoranda of Atty. Danilo B. Beramo, Department Manager and Head, CARP Legal Services
Department, requesting Atty. Montarde to file a notice of appeal. These documents are sufficient
proof of their authority to represent petitioners cause. The doubt entertained by the DARAB as to
when the SPA and memoranda were executed is of no consequence in view of petitioners vigorous
assertion that it authorized said lawyers to file a notice of appeal. Indeed, even an unauthorized
appearance of an attorney may be ratified by the client either expresslyor impliedly.Ratification
retroacts to the date of the lawyers first appearance and validates the action taken by him.

Cases when Lawyer may

Withdraw:
A. Client pursuing an Illegal or Immoral Course
of Conduct

Cases when Lawyer may

Withdraw:
B. Clients insistence that Lawyer pursues acts
violative of the Canons and Rules

Cases when Lawyer may

Withdraw:
C. Inability of lawyer to work with co-counsel

Cases when Lawyer may

Withdraw:
D. Mental and physical inability of counsel to
handle case effectively

Cases when Lawyer may

Withdraw:
E. Clients deliberate failure to pay attorneys
fees agreed upon

Arce vs. Phil. National Bank

PNB contacted the services of Atty. Arce in connection with the
guardianship of an incapacitated person. The guardian of the
person of the incapacitated offered to pay the sum of P200
and on the matter coming on for hearing before the Court of
First Instance of Manila it was raised to P400. Appearing from
this order, the attorney asks that he be allowed the sum of
P5,000.

The law is a profession, not a business. Lawyers are officers of the

court. That is true. At the same time professional men are entitled to
have and recover from their clients a reasonable compensation for
their services rendered with a view to the importance of the subject
matter of the controversy, to the extent of the services rendered,
and the professional standing of the lawyer. Pursuant to the power
entrusted to the courts to base conclusions on their professional
knowledge relative to the fees which should be rewarded lawyers,
courts have constantly to protect clients from unconscionable or
unreasonable claims. On the other hand, the standing of the
members of the bar is not enhanced by quibbling relative to just
fees, equivalent to the bargaining had between a prospective
purchaser and a merchant in the markets before a sale is made.

Albano Vs. Coloma

Cases when Lawyer may

Withdraw:
F. Election or appointment of lawyer to public
office.

 If the lawyer is appointed to a public position which allows

concurrent practice of law, he should use his sound discretion
whether to withdraw or not in his cases.

Note: Rule 6.02

g. Other Similar
Cases

 Where the client conducts himself in a manner which tend to

degrade his attorney, the latter may withdraw from the case.
(State vs. Bersch, 276 Mo. 397)

 When it is apparent that he may be called as witness on

substantial matters
(Alton vs. Ross, 64 ALR 180)

 When the client attempts to support his case with

subordination of witnesses
(Tenny vs. Berger, 45 Am. Rep. 263)

 When the client refuses to extend cooperation

(Ventura vs. Santos, 59 Phil. 123)

 When clients stops having contact with him who thereby is left
without the usual means which are indispensable in the
proper defense of his clients cause
(Rep. vs. CFI, 53 Phil. 317)

 When he is disauthorized to file a brief by clients parents

(People vs Casimiro, 45 SCRA 554)

Death of a Client
Death of a client automatically terminates client-lawyer
relationship.
Upon death of a client, it is the duty of the lawyer to inform
the court immediately of such event, and to give the name
and residence of his executor, administrator, guardian or
other legal representation.

Death of a Lawyer
Death of a lawyer also terminates client-lawyer
realtionship
Except, if the lawyer is a member of a law firm,
the firm shall continue to appear for the client,
unless there is an understanding that the legal
services were to be rendered only by the
deceased lawyer.

Dissolution of a Firm
Dissolution of a firm does not terminate the relation and
obligations to the clients who have previously engaged to
represent them.

Right of Client to Terminate

Relation with Counsel
Right of client to terminate relation with counsel is absolute.

The right of a lawyer to withdraw or terminate the relation

other than for sufficient cause, is considerably restricted.

De Juan Vs. Baria III

Emma De Juan was terminated Triple AAA without notice or explanation so she
filed a complaint before the NLRC against the company for illegal dismissal. In
search of a lawyer, she asked the assistance of BBC which assigned Atty.
Baria III to handle her labor case. On December 29, 1999, the Labor Arbiter
rendered a decision in favor of complainant. The Company appealed to the
NLRC. In a decision promulgated on September 24, 2001, the NLRC reversed
the Labor Arbiter and declared there was no illegal dismissal.
Complainant blamed respondent for the reversal. She said that she came to
know of the reversal of the Labor Arbiters decision when she called
respondent in October 2001. When she asked the respondent what they
should do, respondent answered, Paano iyan ihaehhindi ako marunong
gumawa ng Motion for Reconsideration.

Issue:
Whether the respondent committed culpable negligence, as
would warrant disciplinary action, in failing to file for the
complainant a motion for reconsideration from the decision of
the NLRC

Ruling:
No lawyer is obliged to advocate for every person who may wish to become
his client, but once he agrees to take up the cause of a client, the lawyer
owes fidelity to such cause and must be mindful of the trust and
confidence reposed in him.[11]Further, among the fundamental rules of
ethics is the principle that an attorney who undertakes an action impliedly
stipulates to carry it to its termination, that is, until the case becomes
final and executory.A lawyer is not at liberty to abandon his client and
withdraw his services without reasonable cause and only upon notice
appropriate in the circumstances.[12]Any dereliction of duty by a counsel,
affects the client.[13]This means that his client is entitled to the benefit of
any and every remedy and defense that is authorized by the law and he
may expect his lawyer to assert every such remedy or defense.

Mechanics of Withdrawal as
Counsel for a Client
Whether or not a lawyer has a valid cause to withdraw from a
case, he cannot just do so and leave the client in the cold
unprotected.
An attorney may only retire from a case either by written
consent of his client or by permission of the court after due
notice and hearing.
The lawyer must see to it that the name of the new lawyer is
recorded in the case.
An attorney who could not get the written consent of the
client must make an application to the court.

Mechanics of Substitution of
Counsel in a Case
There must be a written application
With written consent of the client
Upon written consent of the attorney to be substituted
In case the consent of the attorney to be substituted cannot
be obtained, there must be at least proof of notice that the
motion for substitution has been served upon him.

Mechanics of Substitution of
Counsel (Rinconada Telephone Company vs. Buenviaje)
Upon written application
With written consent of client
Upon written consent of the attorney to substituted
In case the consent can not be obtained, at least a proof that
the motion for substitution has been served

Requirement when Appearance of New Counsel

is Occasioned by the Death of the Original
Counsel
All the requirements of a proper substitution must be met.
Verified proof of death of the original counsel.

Simple Misunderstanding
A case arising from simple misunderstanding between client
and counsel does not fall under any of the grounds where a
lawyer may validly withdraw.

Termination of Attorney-Client
Relationship
Withdrawal of the lawyer under Rule 22.01;
Death of the lawyer, unless it is a Law Firm, in
which case, the other partners may continue with
the case;
Death of the client as the relationship is personal
and one of agency;
Discharge or dismissal of the lawyer by the client,
for the right to dismiss a counsel is the
prerogative of the client, subject to certain
limitations;

 Appointment or election of a lawyer to a government position

which prohibits private practice of law;
Full termination of the case or cases;
Disbarment or suspension of the lawyer from the practice of
law;

 Intervening incapacity or incompetency of the client during

the pendency of the case, for then the client loses his
capacity to contract, or to control the subject matter of the
action;
Declaration of the presumptive death of the lawyer;
Conviction for a crime and imprisonment of the lawyer for
quite sometime.