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