mirror of
https://github.com/icedman/yaml2mindmap.git
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441 lines
13 KiB
YAML
441 lines
13 KiB
YAML
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legal ethics:
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IBP:
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failure to pay dues within 6 months ~ suspension
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more than 1 year ~ remove from roll of attorneys
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practice of law:
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_class:style2
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any activity, in or out of court
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application of law, legal procedure, knowledge, training, experience;
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to give notice or render any kind of service
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use in any degree of legal knowledge or skill
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Cayetano vs Monsod (1991)
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reacquisition of citizenship:
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petition of benjamin dacanay
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ra 9225:
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update IBP dues
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professional tax
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36 hours mcle
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retake lawyer's oath
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appearance of non-lawyers:
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mtc:
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litigant personally
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aid of agent or friend
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criminal case:
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court may appoint:
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resident
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good repute for probity and ability
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rtc:
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litigant personally
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assitance of lawyer
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appearance students:
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completed 3yr
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accredited clinical legal education program
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in any civil, criminal, administrative
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appearance in RTC:
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direct supervision and control of a lawyer
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prohibited practice:
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absolute:
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under consti:
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president, vp, cabinet and assistants
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chairman of consti commissions
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member of JBC
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ombudsman and deputies
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LGC (7160):
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governors, mayors
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others:
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judges, court officials and employees
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solicitor general
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government prosecutors
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civil service employees require full devotion
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special laws
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not absolute:
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senators, members of the house (cannot appear)
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members of sanggunian (not against gov't)
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retire justice or judge (not against gov't)
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civil service employees (permission from dept head)
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duties:
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4-fold:
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to the society
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to the court
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to the profession
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to his client
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9-fold C2A2R2E2D:
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Counsel only honesty debatable
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maintain inviolate Confidence
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Allegiance
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Abstain:
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offensive personality
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advance no fact prejudicial to honor and reputation
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Respect due to court and officers
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never Reject the defenseless and oppressed
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Employ:
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means consistent with truth and honor
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never mislead
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not Encourage (delay man's cause for corrupt motive or interest)
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Defend a person accused:
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by fair and honrable means
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regardless of personal opinion of guilt
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chapter 1:
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the lawyer and society
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canon 1:
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unlawful, dishonest, immoral or deceitful conduct
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unlawful:
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transgression of any law, evil intent not essential
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dishonest:
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absence of integrity
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disposition to cheat, deceive or defraud
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immoral:
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willful, flagrant, shameless
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indifference to opinion of good and respectable members
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moral turpitude:
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act of baseness, vileness, or depravity\nin the duties owed
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contrary to usually accepted or customary rules
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gross immorality:
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so corrupt and false as to constitute a criminal act
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or so unprincipled or disgraceful as to be reprehensible\nto a high degree
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need not be scandalous nor a criminal offense
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some acts:
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maintenance - intermeddling of an interested party to encourage lawsuit
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barratry - frequently exciting or stirring up quarrels and suits
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ambulance chasing - soliciting legal business
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canon 2:
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not a business:
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not a money-making venture
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officers of the court
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fiduciary relations
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candor, fairness, no encroachment
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canon 4:
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MCLE:
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ensure to keep abreast with law and jurisprudence\nmaintain ethics of the profession\nenhance standards of the practice
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36 hours, every three years
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application for exemption:
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under oath
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for good cause
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non-compliance:
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listed as deliquent
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BM 1922:
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indicate in all pleadings, number and date of issue
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failure results (as amended)\nsubject the counsel to appropriate penalty and disciplinary action
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chapter 2:
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the lawyer and the legal profession
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canon 8:
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COURTEST, fairness, candor to colleagues
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encroachment:
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conformity of counsel
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or at least notice to counsel
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canon 9:
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not directy or indirectly assist in the unauthorized practice of law
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chapter 3:
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the lawyer and the court
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canon 10:
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candor, fairness, GOOD FAITH to the court
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canon 11:
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Rule 11.04:
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not attribute motives not supported by the record\nor have no materiality on the case
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Almacen:
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not undermine the confidence of the people\nin the honesty of members of the court
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Zaldivar vs Gonzales:
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criticism shall be bona fide
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not spill over the walls of decency and propriety
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Rule 11.05:
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submit grievances to proper authority
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Office of the Court Administrator
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if impeachable offense, Senate and House of Representative
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canon 12:
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witness-lawyer:
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on formal matters such as\nmailing, authenticity of instrument
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on substantial matters:
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essential to the ends of justice
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entrust case to another counsel
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chapter 4:
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direction:left
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the lawyer and the client
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relationship:
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personal
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fiduciary
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confidential
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canon 14:
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General rule-\nnot obliged to act as counsel\nexcept:
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not refuse services to the needy (Bill of Rights, free access)
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not decline by reason of race, sex, creed, status, opinion of guilt
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appointed as counsel de oficio or amicus curiae
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may decline:
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for serious and sufficient reason
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not capable effectively or competently
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conflict of interest
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mandatory legal aid service\n(BM 2012):
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indigent litigant:
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gross income including immediate family < double minimum wage
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no real property with FMV of more than P300K
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authorized by court after ex parte application and hearing
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requirements:
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60 hours of free legal aid for each year\nspread 5 hours each month\nexcess may be credited to succeding periond
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compliance report within 10 days\nof last month of each year
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secure certificate
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indicate in all pleadings number and date of issue
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penalties:
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declaration of not in good standing
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pay P4000
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NIGS effective for 3 months until paid
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cannot appear as counsel while NIGS
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disciplined for non-compliance 3 consecutive years
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incentive:
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10% allowable deduction from gross income
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exclusive of 60 hours minimum
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canon 15:
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candor, fairness, LOYALTY to client
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Regala vs Sandiganbayan:
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strong probability that\nrevealing the clients name\nwould implicate the client\nin very activity he sought advice
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opens client to civil liability
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last link doctrine\n
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link to form chain of testimony leading to client
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privileged communication:
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legal advice is sought:
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in the course of or
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or with a view to professional employment
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communications relative to the purpose
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made in confidence
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conflict of interest (tests):
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conflicting duties (duty to fight for and issue and oppose)
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if acceptance will require to perform act injurious to a first client\nand called upon to use acquired knowlege
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prevent full discharge of undivied fidelity and loyalty\ninvite suspicion of unfaithfulness or double dealing
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hilado vs david:
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extent of acquired knowledge immaterial
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existence of the bare relationship of attorney-client as the yardstick for testing incompatibility
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prevent the dishonest practitioner from fraudulent conduct
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protect the honest lawyer from unfounded suspicion of unprofessional practice
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partners\nprofessional employment of firm is retainer of the members
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canon 16:
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hold in trust all moneys and properties:
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account for collected and received
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return if unused for intended purpose
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deliver as they fall due or upon demand:
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failure ~ presumptin of misappropriation
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borrow money:
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only if protected by nature of case
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or by independence advice
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lend money:
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prohibited, as he may acquire interest in the case outcome
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except:
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advances for necessary expenses\nin the interest of justice
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more canons:
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17\nfidelity to the cause\nmind of trust and confidence
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18\ncompetence and diligence
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all that is required is ORdinary diligence\nor the usual prudence and circumspection
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client is bound by counsels neglect and mistake, except:
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results in outright DEPRIVATION of property
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interset of JUSTICE as when error is technical
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GROSS negligence, deprives due process:
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gross negligence of counsel
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meritorious defense
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client himself is not negligent
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PREVENTED from fully participating
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LABOR cases
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canon 19:
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zeal within the bounds of law
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fair and honest means
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no filing of case to secure a leverage or advantage
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rule 19.03:
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shall not allow client to dictate the procedure
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exclusive management of procedural aspect
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client has exclusive control over substantive aspect
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rule 138, section 23\nspecial authority required for lawyer to compromise\nor when ratified
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canon 20:
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fair and reasonable fees only
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rule 20.01:
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time spent
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novelty
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skill demanded
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contingency or certainty
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professional standing
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rule 138 section 24:
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importance of subject matter
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services rendered
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professional standing
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written contract controls unless unconscionable or unreasonable
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attorney's fees:
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ordinary:
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reasonable compensation for services
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paid to lawyer
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extraordinary:
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indemnity for damages
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paid to client except when there is an agreement
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allowed:
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agreement
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just and equitable
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gross and evident bad faith
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action for support
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award for frivoluos action
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recovery of wages
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..see Torts and Damages
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quantum meruit:
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as much as he deserves
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prevents undue enrichment
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Attorneys' liens (Section 37 R138):
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(1) lawyer-client relationship;
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(2) lawful possession of the client
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(3) unsatisfied claim for attorney's fees
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statement of his claim entered upon the records
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before full satisfaction of judgment
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written notice thereof to be delivered to his client
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and to the adverse party
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withdrawal:
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consent of client
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or with leave on justifiable ground
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discharge by client:
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may be denied compensation
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without just cause:
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express written agreement\n
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must be fair and reasonable
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or in no agreement, quantum meruit
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