2011 course outline in pale

8/13/2019 2011 Course Outline in PALE

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PROBLEMAREASINLEGALETHICS

PROBLEM AREAS IN

LEGAL ETHICS

I.

By: Atty. Enrique V. dela Cruz, Jr.1

Q: What is legal ethics?

A: It is a branch of moral science which treats ofthe duties that an attorney owes to the court, to hisclient, to his colleaues in the !rofession and to the!ublic as embodied in the Constitution, "ules ofCourt, the Code of #rofessional "es!onsibilities,Canons of #rofessional Ethics, $uris!rudence,moral laws and s!ecial laws. %Justice &eore'alcolm((1993, 1996 Bar Question)

PRA!I" #$ %AW

Q: What constitutes &ractice o' la?

A: "ead:Cayetano v. Monsod, G.R. NO. 100113,201 SCRA 210, September 3, 1991)

Q: tate the essential criteria in *eter+iningengage+ent in the &ractice o' la.

A: A A). om!ensation*+. A!!lication of law, leal !rinci!le,

!ractice !rocedure*-. abituality. Attorney/ client relationshi!

(!ssent!n" op!n!on o# $%st!&e 'ad!a,Cayetano s. Monsod,GR 100113,September 3, 1991 )

Q: What is the nature o' the &ractice o' la?

1Atty. 0ela Cruz is an 'C1E lecturer and a Bar "e2iewer at

the Jurist Bar "e2iew Center and the Cosmo!olitan "e2iewCenter. 3e teaches law at 456, 7E4/0154 and the Bulacan5tate 4ni2ersity. 3e obtained his -aster o' %as (!t*!st!n&t!on) from the 1ondon 'etro!olitan 4ni2ersity, and aPostgra*uate i&lo+a in International !ra*e %a fromthe 4ni2ersity Collee 1ondon %4C1(, 4.8., both as aChe2enin scholar of the British o2ernment. 3e com!leted

a Postgra*uate $elloshi&on 1eadershi! and International"elations from the John 7. 8ennedy 5chool of &o2ernment,3ar2ard 4ni2ersity, 45A. 3e also holds a -asters in Pu/lic-anage+ent deree from the Ateneo 5chool of&o2ernment. 3e obtained his Bachelor o' %as deree(!t* *onors)and an AB %egal -anage+ent deree (&%ma%de) from the 4ni2ersity of 5anto 6omas as a "ector9s5cholar. 3e was recently elected as Board 'ember of the+nd0istrict of Bulacan. 3e is also a #artner at the #onceEnrile "eyes 'analastas %#ECABA"( 1aw ffice in 'a;atiCity.

A: 6he !ractice of law is a !ri2ilee ranted only tothose who !ossess the strict intellectual and moralqualifications required of lawyers who are

instruments in the effecti2e and efficientadministration of $ustice. %+n Re Ar"os!no, -.M.12, Mar&* 19, 199)

Q: an the &ractice o' la /e a /usiness?

A:


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A: "ead +N R6 C%nanan, Mar&* 1/, 19

Q: "nu+erate the initial reuire+ents 'ora*+ission to the /ar.

A: "ead 5ections +, = and > of "ule )-?, ""C

Q: hing as /orn on A&ril 1967 o' $ili&ino+other an* hinese 'ather. e ascon*itionall0 a*+itte* to tae the /are8a+ination /ecause o' uestions arising tohis citienshi&. &on &assing the /ar he asreuire* to tae 'urther &roo' o' citienshi& an*as not alloe* to tae the oath.

an he elect Phili&&ine citienshi&, 17 0earsa'ter reaching the age o' +a;orit0 (reuire*un*er the 1935 onstitution)?

A: "ead +n Re App!&at!on #or Adm!ss!on to t*e

'*!!pp!ne -ar o# 7!&ente C*!n", -.M. 91, O&tober1, 1999

Q: acana0 &ractice* la until he +igrate* toana*a to see +e*ical attention to hisail+ents. e su/seuentl0 a&&lie* 'orana*ian citienshi& to a2ail o' ana*as a2erage 'ro+ 66.=5Eto the &assing gra*e C7.15E, or a total increaseo' eight (F) eighte* &oints, +ore or less, thatena/le* alang to hur*le the 19C1 Bare8a+inations 2ia a resolution o' the ourt+aing C7E the &assing a2erage 'or that 0ear>se8a+ination ithout an0 gra*e /elo 'i't0&ercent (5GE) in an0 su/;ect. alang therea'tertoo his la0er>s oath. It is lieise /e0on*


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*is&ute that he ha* no authorit0 'ro+ the ourtor the o++ittee to initiate such ste&s toar*sthe sai* ree2aluation o' the ansers o' alangor o' other e8a+inees. houl* he /e *is/arre*?

A: In "e: V ictorio 1anue2o, A.C. ,Auust +@, )@=.

Q: Res&on*ent Ra+on ". alang,conceale* in his a&&lication to tae the /are8a+s his &en*ing cri+inal case 'or &h0sicalin;uries. !hus, alang as alloe*uncon*itionall0 to tae the Bar e8a+inationsan* as alloe* to tae his oath. houl* he/e *is/arre* 'or such conceal+ent?

A: In "e: "amon &alan, A.C. ,Auust +@, )@=.

Q: "nu+erate the continuing reuire+ents 'orthe &ractice o' la after his a*+ission to the

Bar. e +ust: -IP-"

A:). "emain a +ember of the Bar*+. "eularly !ay all IB#

membershi! dues*-. "eularly !ay the P6"*. Com!ly with the -C1E*=. 7aithfully obser2e the rules

and ethics of the leal !rofession* and>. Be continually sub$ect to

udicial disci!linary control.

Pa0+ent o' IBP ues

Q: Att0. %la+as, 'or a nu+/er o' 0ears, has notin*icate* the &ro&er P!R an* IBP #R 4os. an**ata in his &lea*ings. e onl0 in*icate* HIBPRial =59G6G /ut he has /een using this 'or atleast 3 0ears alrea*0. Att0. %la+as a2erre* thathe is onl0 engage* in a Hli+ite* &ractice o' laan* un*er RA C73=, as a senior citien, he ise8e+&te* 'ro+ &a0+ent o' inco+e ta8es an*inclu*e* in this e8e+&tion, is the &a0+ent o'+e+/ershi& *ues. Is Att0. %la+as correct?

A: "ead Santos $r. v. Atty. 4amas, A.C. No. 9,

$an%ary 20, 2000

Q: Att0. Are2alo sought e8e+&tion 'ro+&a0+ent o' IBP *ues 'or the allege* un&ai*accounta/ilit0 'or the 0ears 19CC=GG5.e allege* that a'ter /eing a*+itte* to thePhili&&ine Bar in 1961, he /eca+e &art o' thePhili&&ine i2il er2ice then +igrate* to, an*ore* in, the A in ece+/er 19F6 until hisretire+ent in the 0ear =GG3. e +aintaine* that

he cannot /e assesse* IBP *ues 'or the 0earsthat he as oring in the Phili&&ine i2iler2ice since the i2il er2ice la &rohi/its the&ractice o' one 9, 200

Q: -arcial "*illon &asse* the /ar e8a+s/ut re'use* to &a0 the P15G.GG +e+/ershi&*ues on the groun* that he *oes not ant to /ea +e+/er o' the IBP.Res&on*ent, although conce*ing the &ro&riet0

an* necessit0 o' the integration o' the Bar o'the Phili&&ines, uestions the allenco+&assing, allinclusi2e sco&e o'+e+/ershi& therein an* the o/ligation to &a0+e+/ershi& *ues arguing that the &ro2isionstherein (ection 1 an* 9 o' the ourt Rule 139A) constitute an in2asion o' his constitutionalright in the sense that he is /eing co+&elle*,as a &recon*ition to +aintaining his status as ala0er in goo* stan*ing, to /e a +e+/er o' theIBP an* to &a0 the corres&on*ing *ues, an*that as a conseuence o' this co+&elle*'inancial su&&ort o' the sai* organiation tohich he is a*+itte*l0 &ersonall0 antagonistic,

he is /eing *e&ri2e* o' the rights to li/ert0 an*&ro&ert0 guarantee* to hi+ /0 the onstitution.Res&on*ent lieise uestions the ;uris*ictiono' the u&re+e ourt to strie his na+e 'ro+the Roll o' Attorne0s, conten*ing that this+atter is not a+ong the ;usticia/le casestria/le /0 the ourt /ut is o' an a*+inistrati2enature &ertaining to an a*+inistrati2e /o*0. Ishe correct?

Q: Is the &ro2ision reuiring &a0+ent o' a+e+/ershi& 'ee 2oi*?

A:


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de!n%en&y o# Atty. Mar&!a 6d!on, A.M. No.192/, / SCRA , A%"%st 3, 19/)

-#RA% !RPI!"

Q: Is the reuire+ent o' oo* -oral haractera continuing reuire+ent?

A: "ead ?ap%&ar vs. ?ap%&ar, A.C. No. 1/, 293SCRA 331,$%y 30, 199/

Rule 7.03 A lawyer shall not engage in aconduct that adversely reflects on his fitness to

practice law, nor shall he whether in public orprivate life, behave in a scandalous manner tothe discredit of the legal profession. (=GG7 BarQuestion)

Q: What constitutes 'itness to &ractice la?

A: It is not to be determined only by the s!ecificqualifications for admission into the bar butencom!asses !ractically all as!ects of a lawyer9s!ublic or !ri2ate life that could actually or!otentially tarnish the interity and dinity of theleal !rofession. (C'R Annotated, '*!$A)

Q: Att0. Perenia got +arrie* in =GG5. !hen he+et another o+an, elenJ the0 'ell in lo2e an*starte* li2ing together. Att0. Perenia oul*e2en /ring her along social 'unctions an*intro*uce her as his secon* i'e. Is such actunethical?

A: es it is unethical and it 2iolates "ule .- ofC#".

6he fact that he shamelessly flaunts his mistressconstitutes act which embarrass and discredit thelaw !rofession since it is his duty and obliation tou!hold the dinity and interity of the !rofession.6he actuation of Atty. #erenia is contrary to oodmorals.

4ote: Dhile it has been held in disbarment cases that themere fact of seual relations between two unmarriedadults is not sufficient to warrant administrati2e sanctionfor such illicit beha2ior, it is not so with res!ect tobetrayas o# t*e mar!ta vo o# #!de!ty. E2en if not allforms of etra/marital relations are !unishable under!enal law, seual relations outside marriae isconsidered disraceful and immoral as it manifestsdeliberate disreard of the sanctity of marriae and themarital 2ows !rotected by the Constitution and affirmedby our laws. (7!t%" v. Ron&a, A.C. NO. 313, 01 SCRA1, September 200)

Q: !he co+&lainant, Dictoria Barrientos, issingle, a college stu*ent, an* as a/out =G

0ears an* C +onths ol* *uring the ti+e (ul0#cto/er 19C5) o' her relationshi& ithres&on*entJ hile res&on*ent !rans'iguracionaarol is +arrie*, eneral -anager o'Ka+/oanga *el 4orte "lectric oo&erati2e, an*71 0ears ol* at the ti+e o' the sai* relationshi&.Res&on*ent, alrea*0 a +arrie* +an an* a/out

71 0ears ol*, &ro&ose* lo2e an* +arriage toco+&lainant, then still a =G0earol* +inor,noing that he *i* not ha2e the reuire* legalca&acit0. Res&on*ent then succee*e* inha2ing carnal relations ith co+&lainant /0*ece&tion, +a*e her &regnant, suggeste*a/ortion, /reache* his &ro+ise to +arr0 her,an* then *eserte* her an* the chil*. houl*the res&on*ent la0er /e *is/arre*?

A: Barrientos 2s. 0aarol, A.C. s'ather /elie2e that the0 ere alrea*0 +arrie*/ut that the church e**ing as /eing*e'erre* until a'ter he has &asse* sai*e8a+inations, he +arrie* another o+an a'terhis oath taing. houl* res&on*ent /e *enie*a*+ission to the /ar 'or his /reach o' &ro+iseto +arr0?


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A: Arcia 2s. 'aniwan, A.C. ?,Auust ), )@?).

Rule 1.01 A lawyer shall not engage inunlawful, dishonest, immoral or deceitfulconduct (1993 Bar Question)

Q: e'ine unlawful, dishonest, immoral ordeceitful con*uct.

A:@na#%. Any act or omission that is contraryto, !rohibited or unauthorized by, in defiance of,disobedient to, or disreards the law.

!s*onest. 6o ha2e the dis!osition to lie, cheat,decei2e, defraud, or betray* be untrustworthy*lac;in in interity, honesty, !robity, interity in!rinci!le, fairness and straihtforwardness.

e&e!t#%.3as the !rocli2ity for fraudulent anddece!ti2e misre!resentation, artifice or de2icethat is used u!on another who is inorant of thefact, to the !re$udice and damae of the !artyim!osed u!on. (C'R Annotated, '*!$A)

4ote: By indicatin FIB# "izal +=@>G in his !leadinsand thereby misre!resentin to the !ublic and the courtsthat he had !aid his IB# dues to the "izal Cha!ter,res!ondent is uilty of 2iolatin the Code of #rofessional"es!onsibility which !ro2ides: "ule ).) H A lawyer shallnot enae in unlawful, dishonest, immoral or deceitfulconduct. 3is act is also a 2iolation of "ule ).) which!ro2ides that: A lawyer shall not do any falsehood, norconsent to the doin of any in court* nor mislead or allow

the court to be misled by any artifice. (Santos $r. v. Atty.4amas, A.C. No. 9, $an%ary 20, 2000)

Q: Att0. %i+on as ocena


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Q: Resurreccion as *e'en*ant *eli2ere* to Att0.a0son an a+ount re&resenting theco+&ensation or settle+ent +one0 in a case'or ho+ici*e thru recless i+&ru*ence.oe2er, Att0. a0son *i* not turn o2er thea+ount to his client, 'orcing Resurreccion to&a0 the sa+e a+ount again. Att0. a0son as

later con2icte* 'or esta'a. houl* Att0. a0son/e *is/arre*?

A: "ead Res%rre&&!on v. Atty. Sayson, 300 SCRA129, G.R. No. //202. e&ember 1, 199/

4ote: Dhen lawyers are con2icted of frustratedhomicide, the attendin circumstances, not the mere factof their con2iction would demonstrate their fitness toremain in the leal !rofession. (Sor!ano vs. !


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co+ing 'ro+ the ourt. Is Att0. e il2a guilt0o' /reach o' trust? i* she 2iolate her oath as ala0er /0 issuing a /ouncing chec an* /0re'using to acce&t the notices sent to herco+ing 'ro+ the court?

A:Read Grande v. Atty. e S!va, A.C. No. /3/,

$%y 29, 2003

Q: Alau0a, a +e+/er o' hari) reulates the conduct of bareamination* limits the eamination u! to fi2e timesonly.

4ote:B' ))>)/ requires submission of the dean of acertification that the candidate has no deroatory recordin school and if any in detail and status thereof.

APP"ARA4" #$ 4#4%AWM"R I4 #R!

Q: -a0 a nonla0er a&&ear in court?

A:R:


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=. @nder t*e 4abor &ode, non/lawyers maya!!ear before the


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R%" #4 PB%I #$$IIA% R"ARI4PRA!I" #$ %AW

Q: Who are the &u/lic o''icials ho cannotengage in the &ri2ate &ractice o' la in thePhili&&ines?

A: #PP#-). udes and other officials as em!loyees of

the 5u!reme Court (R%e 1/, Se&. 3,RRC).

+. fficials and em!loyees of the #5& (+b!d.)-. &o2ernment &rosecutors. ('eope v.

7!an%eva, No. 4190, May 2, 19). President, Vice/#resident, members of the

cabinet, their de!uties and assistants(Art 7++, Se& 13, 19/ Const!t%t!on).

=. 'embers of the onstitutionalCommission (Art +DA, Se&. 2, 19/Const!t%t!on)

>. #mbudsman and his de!uties (Art. +D,

Se&. / (2ndpar), 19/ Const!t%t!on). All o2ernors, city and munici!al +ayors

(R.A. No. 10, Se&. 90).?. 6hose !rohibited by s!ecial law. (199G

Bar Question)

Q: -ata0og is a la0er. e is a &artner in a&ri2ate la 'ir+, an* in =GGC local elections heran 'or councilor an* as electe* in that&osition. oes /eing electe* as &u/lic o''icial&rohi/it hi+ to engage in the &ri2ate &ractice o'la?

A: , 5ec. @)( San""%n!an members may!ractice their !rofessions !ro2ided that if they

are members of the Bar, they shall not:

a. A!!ear as counsel before any court inany ci2il case wherein a localo2ernment unit or any office, aency,or instrumentality of the o2ernment isthe ad2erse !arty*

b. A!!ear as counsel in any criminalcase wherein an officer or em!loyeeof the national or local o2ernment isaccused of an offense committed inrelation to his office*

c. Collect any fee for their a!!earance inadministrati2e !roceedins in2ol2in

the local o2ernment unit of which heis an official*

d. 4se !ro!erty and !ersonnel of theo2ernment ece!t when the5anunian member concerned isdefendin the interest of theo2ernment. (199=, =GGG BarQuestions)

-. 4nder "A @), 5ec. ), as amended, aret!red 8%st!&e or 8%d"erecei2in !ension fromthe o2ernment, cannot act as counsel:

a. in any ci2il case in which the

&o2ernment, or any of its subdi2isionor aencies is the ad2erse !arty* or

b. in a criminal case wherein an officer orem!loyee of the &o2ernment isaccused of an offense in relation to hisoffice* nor

c. collect any fees for his a!!earance inany administrati2e !roceedins tomaintain an interest ad2erse to theo2ernment, !ro2incial or munici!al,or to any of its leally constitutedofficers. (Se&. 1, RA 910)

. C!v! serv!&e o##!&ers and empoyees

without !ermit from their res!ecti2ede!artment heads. (Nor!e"a v. S!son, G.R.No. 4 2/, 12 SCRA 293, O&tober 2,19/3)

Q: Att0. %a*aga, a ler o' ourt, a&&eare* ascounsel 'or an* in /ehal' o' his cousin in acri+inal case 'or 'alsi'ication o' &u/lic*ocu+ents /e'ore the -"! o' Queon it0.!he a&&earance o' Att0. %a*aga in sai* case

9


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as ithout the &re2ious &er+ission o' theourt.

i* Att0. %a*aga 2iolate the o*e o' on*uctan* "thical tan*ar*s 'or Pu/lic #''icials an*"+&lo0ees /0 engaging in &ri2ate &ractice?

A:"ead O&a v. Atty. 4ada"a, A.M. No. '9912/.$an%ary 2, 2001

#%II!#R "4"RA% as &rinci&al la o''iceran* legal *e'en*er o' the o2ern+ent

Q: What are the &ossi/le actions that the olen +a0 un*ertae in the *ischarge o' his*uties?

A:6he 5ol &en, in his discretion, may !ursue anyof the followin actions:

). #rosecute* or

+.


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'our to si8 +onths, &ro2i*e* the case ill notin2ol2e se&aration o' &ro&ert0 or custo*0 o'chil*ren. -rs. i+/illo also sai* that herhus/an* charges a 'ee o' P7F, GGG.GG, hal' o'hich is &a0a/le at the ti+e o' 'iling o' the casean* the other hal' a'ter a *ecision thereon has/een ren*ere*.

oes the a&&earance o' the 'olloing:@A44%-"4!> #$ -ARRIA" &ecialist 53=73335=1=66C@, in a nes&a&er, a+ount toadvertising and solicitation of legal services&rohi/ite* /0 the o*e o' Pro'essionalRes&onsi/ilit0 an* the Rules o' ourt?

A: "eadAtty. *an $r. v. Atty. S!mb!o, AC No.299, A%"%st 19, 20034ote:6he rule aainst solicitation a!!lies to a lawyerwho offers monetary reward to those who can ser2eas witnesses in the case, which he is handlin. (C'R

Annotated, '*!$A)

A4#4 3" !R", #4"!, $AIR A4 #B"!ID"

I4$#R-A!I#4 I4 -AOI4 O4#W4 I%"A% "RDI"

(1993, 199C, 199F, =GG1, =GG=, =GG3 BarQuestions)

Q: Is gi2ing o' a*2ice on legal +atters throughthe +e*iu+ o' a nes&a&er colu+n or ra*io ortele2ision /roa*cast i+&ro&er?

A: es, as i2in of leal ad2ice throuh suchmedium cannot be underta;en by a laymanbecause that ser2ice constitutes !ractice of law.


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6his ece!tion is an im!licit reconition of theincontestable fact that lawyers need to, and in fact,de!end on non/lawyers for the administrati2esu!!ort functions necessary to allow lawyers todischare their leal functions more efficiently. (C'RAnnotated, '*!$A)

Q:%oreno is a la0er /ut is sus&en*e* in the&ractice o' la *ue to so+e unethical acts. eore* 'or a la 'ir+ one* /0 one o' his'rien*s. ince he has so +an0 cases to han*le,Att0. Berenguer assigne* a case to %oreno,/elie2ing he can han*le such eas0 case. i*Att0. Berenguer 2iolate an0 rule?

A: es, because he deleates handlin of a caseto a !erson sus!ended from the !ractice of law.4nder "ule @.) of C#" H A lawyer shall notdeleate to any unqualif ied !erson the!erformance of any tas; which by law may only be!erformed by a member of the bar in oodstandin.

4ote: A lawyer is !rohibited from ta;in as !artner orassociates any !erson who is not authorized to !racticelaw H to a!!ear in court or to sin !leadins. A ayer,*o !s %nder s%spens!on #rom pra&t!&e o# a !s not amember o# t*e -ar !n "ood stand!n". A lawyer whoseauthority to !ractice has been withdrawn due to a chanein citizenshi! or alleiance to the country cannot a!!earbefore the courts. (G%baa v. Ca"%!oa, G.R. No. 43/ SCRA 302 $%y 29, 19)

on'lict o' Interest(1991, 199=, 1993, 1997, 199C, 1999, =GGG, =GG1,

=GG=, =GG3, =GG7, =GG5, =GG6, =GGF BarQuestions)

Rule 1.01 ! A lawyer in conferring with aprospective client shall ascertain as soon aspracticable whether the matter would involve aconflict with another client or his own interest,and if so, shall forthwith inform the prospectiveclient.

Q: o is con'lict search *one? An* hat is its&ur&ose?

A: By eaminin the causes of action between the

!ros!ecti2e client and the lawyer9s current clients.

By conductin a conflict search, the lawyer will beable to determine, in the first instance, if he isbarred from acce!tin the re!resentation throuhconflicts with his !resent clients or the lawyer9sown interest. (C'R Annotated, '*!$A)

Q: What are the three tests to *eter+ine thee8istence o' con'licting interests?

A:). Dhen, on behalf of one client, it is the

attorney9s duty to contest for that which hisduty to another client requires him too!!ose or when this !ossibility of suchsituation will de2elo! (&on#!&t!n" d%t!es).

+. Dhether the acce!tance of the newrelation will !re2ent a lawyer from the fulldischare of his duty of undi2ided fidelityand loyalty to his client or will in2itesus!icion of unfaithfulness or double/dealin in the !erformance thereof(+nv!tat!on o# s%sp!&!on).

-. Dhether a lawyer will be called u!on in hisnew relation to use aainst the first clientany ;nowlede acquired in the !re2iousem!loyment (%se o# pr!or noed"eobta!ned).

Q: What are the !0&es o' on'lict o' interest

A:A. Con&%rrent or m%t!pe representat!on /

&enerally occurs when a lawyerre!resents clients whose ob$ecti2es aread2erse to each other, no matter howsliht or remote such ad2erse interest maybe.

6he tests for concurrent or multi!lere!resentation:). Dhether a lawyer is duty/bound to

fiht for an issue or claim in behalf ofone client and, at the same time, to

o!!ose that claim for the other client*+. Dhether the acce!tance of a new

relation would !re2ent the fulldischare of the lawyer9s duty ofundi2ided fidelity or loyalty to theclient*

-. Dhether the acce!tance of newrelation would in2ite sus!icion ofunfaithfulness or double/dealin in the!erformance of the lawyer9s duty ofundi2ided fidelity and loyalty* and

. Dhether, in the acce!tance of a newrelation, the lawyer would be calledu!on to use aainst a client

confidential information acquiredthrouh their connection.

B. Se%ent!a or s%&&ess!ve representat!on /In2ol2es re!resentation by a law firm of a!resent client who may ha2e an interestad2erse to a !rior or former client of thefirm. (C'R Annotated, '*!$A)

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4ote: 6he test to determine whether there is a conflict ofinterest in the re!resentation is probab!!ty, not certaintyof conflict.

4ote: 6he !roscri!tion aainst re!resentation ofconflictin interest finds a!!lication where the conflictininterests arise with res!ect to the same eneral matterand is a!!licable howe2er sliht such ad2erse interestmay be* the fact that the conflict of interests is remote ormere probabe does not ma;e the !rohibition ino!erati2e.('ormento v. 'ontevedra, A.C. No. 12/, Mar&* 31,200)

+%strat!on 6:!sten&e o# Con#!&t O# +nterest

). A 2s BA and B are !resent clients

+. C 2s 0* E 2s 0C is the !resent client and 0 is not a!resent client in the same case but is a!resent client in another case

-. 7 2s &* 3 2s &7 is the !resent client and & was a formerclient and the cases are related

. I 2s J* 8 2s JI is the !resent client and J was a formerclient in a case that is unrelated.

=. 1, ', < 2s , #, K1, ', < are !resent clients but 1 and '$oins , #, K %#eo!le 2s 0a2is(

4ote:6he bare attorney/client relationshi! with a client

!recludes an attorney from acce!tin !rofessionalem!loyment from the client9s ad2ersary either in thesame case or in a different but reated a&t!on. +t !s aso!mproper #or a ayer to appear as &o%nse #or one partya"a!nst t*e adverse party *o !s *!s &!ent !n anot*ertotay %nreated a&t!on. ?*e pro*!b!t!on app!es!rrespe&t!ve o# *et*er t*e ayer a&%!red &on#!dent!a!n#ormat!on. +t aso app!es to t*e a #!rm o# *!&* *e !s amember as e as any member, asso&!ate, or ass!stantt*ere!n.

?*e term!nat!on o# t*e reat!on o# attorney and &!entprov!des no 8%st!#!&at!on #or a ayer to represent an!nterest adverse to or !n &on#!&t !t* t*at o# t*e #ormer&!ent. ?*e reason !s t*at t*e &!entBs &on#!den&e on&ereposed &annot be d!vested by t*e term!nat!on o#

pro#ess!ona empoyment.

Q: i2e instances hen there e8istscon'licting interests.

A:). A cor!orate lawyer cannot $oin a labor union

of em!loyees in that cor!oration*

+. A lawyer of an insurance cor!oration whoin2estiated as an accident cannotre!resent the com!lainantin$ured !erson*

-. As a recei2er of a cor!oration, he cannotre!resent the creditor*

. As a re!resentati2e of the oblior, he cannotre!resent the obliee* and

=. As a lawyer re!resentin a !arty in acom!romise areement, he cannot,subsequently, be a lawyer re!resentinanother client who see;s to nullify theareement.

Q: A case as 'ile* /0 the Phili&&ine Pu/licchool !eachers Association (PP!A) againstits on Boar* o' irectors in hich the0retaine* the ser2ices o' Att0. alunat. Att0.alunat, on the other han* a*+itte* that theAA %a $ir+, o' hich he is the -anagingPartner, as the retaine* counsel o' PP!A.

Met, he a&&eare* as counsel o' recor* 'or the

res&on*ent Boar* o' irectors in the sai* case.

Att0. alunat


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Is Att0. Beltran guilt0 o' re&resentingcon'licting interests hen he entere* hisa&&earance as *e'ense counsel in an e;ect+entcase in hich his 'or+er client as the&lainti''?

A:es. 6here is conflict of interest when a lawyerre!resents inconsistent interests of two or moreo!!osin !arties. ?*e test !s I*et*er or not !nbe*a# o# one &!ent, !t !s t*e ayerHs d%ty to #!"*t#or an !ss%e or &a!m, b%t !t !s *!s d%ty to oppose !t#or t*e ot*er &!ent. +n br!e#, !# *e ar"%es #or one&!ent, t*!s ar"%ment ! be opposed by *!m *en*e ar"%es #or t*e ot*er &!ent.I 6his rule co2ers notonly cases in which confidential communicationsha2e been confided, but also those in which noconfidence has been bestowed or will be used."es!ondent Atty. "odolfo Beltran is found "%!tyofre!resentin conflictin interests and is sus!endedfrom the !ractice of law for a !eriod of one %)( year.

(Santos v. Atty. -etran, A.C. //, e&ember 11,2003)

Q: Att0. %oa*a is the retaine* counsel an*legal a*2iser o' $rias. he acte* as /roer inthe sale o' the latter


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a!!lication where the conflictin interest arisewith res!ect to the same eneral matter and isa!!licable howe2er sliht such ad2erseinterest may be. It a!!lies althouh theattorney9s intention and moti2es were honestand he acted in ood faith.

NP4: "e!resentation of conflictin interestmay be allowed where the !arties consent tothe re!resentation after full disclosure of facts.(Nap! v. 7ade


17/48


ith*ra his lasuits. Att0. oronillo a*+itte*that there as, in 'act, no such agree+ent. e&ointe* out that his +ain concern as to settlethe case a+ica/l0. r. -aliga0a 'ile* a caseagainst Att0. oronilla charging hi+ o'unethical con*uct 'or ha2ing uttere* 'alsehoo*in court. Is Att0. oronilla guilt0 as charge*?

A:es. Atty. 0oronilla 2iolated Canon ) and "ule).) of the C#".


18/48

Q: What are the instances hen a la0er maynot testi'0 as a itness in a case hich he ishan*ling 'or a client?

A: !AR). Dhen as an attorney, he is to test!#y on

t*e t*eory o# t*e &ase=

+. Dhen such would adversey a##e&t anya#% !nterest o# t*e &!entwith res!ect towhich confidence has been re!osed onhim*

-. 3a2in acce!ted a reta!ner, he cannot bea witness aainst his client*

. 3e cannot ser2e con#!&t!n" !nterests*=. Dhen he is to 2iolate the con#!den&e o# *!s

&!ent.

Q: What are the instances hen a la0er maytesti'0 as a itness in a case hich he ishan*ling 'or a client?

A: $"!A). n forma matters, such as the mailin,

authentication or custody of instrumentand the li;e*

+. Actin as an e:pert on *!s #ee*-. n substantial matters in cases where *!s

test!mony !s essent!a to t*e ends o#8%st!&e,in which e2ent he must, durin histestimony, entrust the trial of the case toanother counsel*

. Actin as anArb!trator*=. -epos!t!on.

A4#4 13

AD#I I-PR#PRI"!M !A! !"4 !#I4$%"4" !" #R!

(1997, 199C, =GGG, =GG1, =GG3 Bar Questions)

4ote:A lawyer shall rely u!on the merits of his causeand refrain from any im!ro!riety which tends to influence,or i2es the a!!earance of influencin the court.

Rule 13.01 A lawyer shall not e(tende(traordinary attention or hospitality to, norsee+ opportunity for, cultivating familiarity with

/udges.

Rule 13.0 A lawyer shall not ma+e public

statements in the media regarding a pendingcase tending to arouse public opinion for oragainst a party.

Q: When can there /e &re;u*icial &u/licit0?

A: 6here must be an alleation and !roof that the$udes ha2e been unduly influenced, not sim!lythat they miht be, by barrae of !ublicity. (C'R

Annotated, '*!$A)

4ote: 6he restriction does not !rohibit issuances ofstatements by !ublic officials chared with the duty of!rosecutin or defendin actions in court.

Rule 13.03 A lawyer shall not broo+ or inviteinterference by another branch or agency of

the government in the normal course of /udicialproceedings.

4ote:As it will be contrary to the #rinci!le of 5e!arationof #owers.

4ote: 6he 5u!reme Court accordinly administered are!rimand to res!ondent for ross inorance of law andof the Constitution in ha2in as;ed the #resident to setaside by decree the Court9s decision which sus!endedhim for two years from the !ractice of law. (e -%mana"v. -%mana", AM No. 1//, November 29, 19)

Rule 1.0% ! A lawyer shall not state nor implythat he is able to influence any public official,tribunal or legislative body.

Q: aniel %e+oine 'ile* a car insurance clai+ith the insurer o' his 2ehicle hich as lost.is 'rien* arrange* 'or the engage+ent o' Att0.A+a*eo Balonscon'or+it0. !he insurance co+&an0,

a'terar*s, o''ere* to settle co+&lainant>sclai+ in an e8gratia /asis o' C5E o' his &olic0co2erage hich is P5=5,GGG.GG, to hich heagree*.

When %e+oine le't 'or $rance, he, on the a*2iceo' Att0. Balon, signe* an alrea*0 &re&are*un*ate* &ecial Poer o' Attorne0 authoriinghi+ to /ring an0 action against the insuranceco+&an0 'or the satis'action o' the clai+. &onreturn to the Phili&&ines, he as in'or+e* thatthat the clai+ as still &en*ing an* as stillsu/;ect o' negotiations. e +a*e a &ersonal2isit to the o''ice o' the insurance co+&an0 an*

as in'or+e* that his clai+ ha* long /eensettle*. es&ite ritten *e+an*s, res&on*entre'use* to turn o2er the &rocee*s o' theinsurance clai+.

Att0. Balon, in a letter, sai* that he cannot gi2ethe a+ount until an* unless his attorne0>s 'ees/e agree* an* settle* an* e2en calle* %e+oineas /ar/aric an* unci2ilie* ith hisa&&roache*, threatene* that he ill not hesitate


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to +ae a &ro&er re&resentation ith theBureau o' I++igration an* e&ortation 'or theauthenticit0 o' his 2isa, e&art+ent o' %a/oran* "+&lo0+ent 'or his oring status, Bureauo' Internal Re2enue 'or his ta8ation co+&liancean* the 4ational Bureau o' In2estigation ithhich he has a goo* netor. What ethical

stan*ar* *i* Att0. Balon 2iolate*?

A: 7rom the tenor of the letter he sent to 1emoine,Atty. Balon 2iolated "ule )=.> of the C#" whichen$oins a lawyer from statin or im!lyin that he isable to influence any !ublic official, tribunal orleislati2e body. (4emo!ne v. -aon $r., A.C. No./29, O&tober 2/, 2003)

Q: "*gar Al+ar2e, a utilit0 orer, ascharge* ith 2iolation o' the Antira't an*orru&t Practices Act /0 u*ge "strellita Paas,Presi*ing u*ge o' the Pasa0 it0 -etro&olitan!rial ourt. Al+ar2e *enie* the charges an*

allege* that the case as 'ile* against hi+/ecause u*ge Paas sus&ecte* hi+ o' hel&ingher hus/an*, Att0. Renerio Paas, a &ri2ate&ractitioner, conceal his +arital in*iscretions.

In a se&arate case 'or inhi/ition o' u*ge Paasin a cri+inal case, it as 'oun* that Att0.Renerio Paas, as using his i'e>s o''ice as hiso''ice a**ress in his la &ractice. u*ge Paasa*+itte* that Att0. Paas *i* use her o''ice ashis return a**ress 'or notices an* or*ers in =cri+inal cases, lo*ge* at the Pasa0 it0 R!,/ut onl0 to ensure an* 'acilitate *eli2er0 o'those notices, /ut a'ter the cases ere

ter+inate*, all notices ere sent to his o''icea**ress in "scolta. Was Att0. Paas< act o' usinghis i'e


20/48

counsel o' the sellers. uui &ai* PFG, GGG asher share in the e8&enses 'or registration. eretaine* in his &ossession the su/;ect *ee*s o'a/solute sale an* +ortgage as ell as theoner>s co&0 o' the title. oe2er, he ne2erregistere* the sai* *ocu+ents an* *i* notcause the trans'er o' the title o2er the su/;ect

&ro&ert0 in the na+e o' uui. Att0. !ia+sonsai* that he *i* not register the *ee* o' sale to&rotect the interest o' his client an* e2en i' thesa+e has /een registere*, he cannot gi2e hi+the oner>s *u&licate co&0 until &urchase &rice'or the su/;ect &ro&ert0 has /een 'ull0 &ai* an*the real estate +ortgage cancelle*. Is Att0.!ia+son ;usti'ie* in not registering thetransaction?

A: "A = Rall0> an* /0 authoriing theassu+&tion o' DicePresi*ent -aca&agalArro0o to the Presi*enc0 in 2iolation o' the19FC onstitution. !he su/seuent *ecision o'

the ourt in "stra*a 2. Arro0o (353 RA 75=an* 356 RA 1GF) is, as &etitioner states, a&atent +ocer0 o' ;ustice an* *ue &rocess.Attorne0 Paguia ent on to state that L >!heact o' the &u/lic o''icer, i' la'ul, is the act o'the &u/lic o''ice. But the act o' the &u/lico''icer, i' unla'ul, is not the act o' the &u/lico''ice. onseuentl0, the act o' the ;ustices, i'la'ul, is the act o' the u&re+e ourt. But theact o' the ;ustices, i' unla'ul, is not the act o'the u&re+e ourt. It is su/+itte* that theecision in "stra*a 2s. Arro0o /eing &atentl0unla'ul in 2ie o' Rule 5.1G o' the o*e o'u*icial on*uct, is not the act o' the u&re+e

ourt /ut is +erel0 the rong or tres&ass o'those in*i2i*ual ustices ho 'alsel0 s&oean* acte* in the na+e o' the u&re+e ourt.(r/ano 2s. ha2e, 1F3 RA 37CS).$urther+ore, it oul* see+ a/sur* to allo theustices to use the na+e o' the u&re+e ourtas a shiel* 'or their unla'ul act. Are Att0.Paguia


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6he 5u!reme Court does not claim infallibility* itwill not denounce criticism made by anyoneaainst the Court for, if well/founded, can trulyha2e constructi2e effects in the tas; of the Court,but it will not countenance any wrondoin norallow the erosion of our !eo!le9s faith in the $udicialsystem, let alone, by those who ha2e been

!ri2ileed by it to !ractice law in the #hili!!ines.

Canon 11 o# t*e Code o# 'ro#ess!onaRespons!b!!ty mandates t*at t*e ayer s*o%dobserve and ma!nta!n t*e respe&t d%e to t*e &o%rtsand 8%d!&!a o##!&ers and, !ndeed, s*o%d !ns!st ons!m!ar &ond%&t by ot*ers. +n !beray !mp%t!n"s!n!ster and dev!o%s mot!ves and %est!on!n" t*e!mpart!a!ty, !nte"r!ty, and a%t*or!ty o# t*e memberso# t*e Co%rt, Atty. 'a"%!a *as ony s%&&eeded !nsee!n" to !mpede, obstr%&t and pervert t*ed!spensat!on o# 8%st!&e. (6strada v.Sand!"anbayan, G.R. Nos. 19///, November2, 2003)

Q: !he ourt n 4anc issue* a Resolution*irecting res&on*ent Att0. e Dera to e8&lainh0 he shoul* not /e cite* 'or in*irectconte+&t o' court 'or uttering so+e allege*l0conte+&tuous state+ents in relation to thecase in2ol2ing the constitutionalit0 o' thePlun*er %a hich as then &en*ing.Res&on*ent a*+itte* the re&ort in the4o2e+/er 6, =GG= issue o' the Phili&&ine ail0Inuirer that he Hsuggeste* that the ourt +usttae ste&s to *is&el once an* 'or all these ugl0ru+ors an* re&orts that Hthe ourt oul* 2otein 'a2or o' or against the 2ali*it0 o' the Plun*er

%a to &rotect the cre*i/ilit0 o' the ourt. Isthe state+ent o' Att0. e Dera *isres&ect'ul tothe courts?

A: Indeed, freedom of s!eech includes the riht to;now and discuss $udicial !roceedins, but suchriht does not co2er statements aimed atunderminin the Court9s interity and authority, andinterferin with the administration of $ustice.5reedom o# spee&* !s not abso%te, and m%sto&&as!onay be baan&ed !t* t*e re%!rements o#e%ay !mportant p%b!& !nterests, s%&* as t*ema!ntenan&e o# t*e !nte"r!ty o# t*e &o%rts andordery #%n&t!on!n" o# t*e adm!n!strat!on o# 8%st!&e.

?*%s, t*e ma!n" o# &ontempt%o%s statementsd!re&ted a"a!nst t*e Co%rt !s not an e:er&!se o# #reespee&*= rat*er, !t !s an ab%se o# s%&* r!"*t.4nwarranted attac;s on the dinity of the courtscannot be disuised as free s!eech, for theeercise of said riht cannot be used to im!air theinde!endence and efficiency of courts or !ublicres!ect therefore and confidence therein. (+n Re

'%b!s*ed Ae"ed ?*reats by Atty. 4eonard de7era, A.M 011203SC $%y 29, 2002)

Q: an a la0er criticie the courts?

A:R:CA


22/48

!ro!riety, hence not aruably !rotected* it is thesurfacin of a feelin of contem!t towards alitiant* it offends the court before which it is made.A lawyer shall abstain from scandalous, offensi2eor menacin lanuae or beha2ior before theCourts. +t m%st be remembered t*at t*e an"%a"eve*!&e does not r%n s*ort o# e:press!ons *!&*

are emp*at!& b%t respe&t#%, &onv!n&!n" b%t notdero"atory, !%m!nat!n" b%t not o##ens!ve. It hasbeen said that a lawyerLs lanuae should bedinified in ;ee!in with the dinity of the leal!rofession. It is the duty of the res!ondents asmembers of the Bar to abstain from all offensi2e!ersonality and to ad2ance no fact !re$udicial tothe honor or re!utation of a !arty or witness,unless required by the $ustice of the cause withwhich he is chared. (@y v. epas%&at, A.C. No.332, $%y 29, 2003(

4ote: 6he lanuae of a lawyer, both oral and written,must be res!ectful and restrained in ;ee!in with the

dinity of the leal !rofession and with his beha2ioralattitude toward his brethren in the !rofession. ?*e %se o#ab%s!ve an"%a"e by &o%nse a"a!nst t*e oppos!n"&o%nse &onst!t%tes at t*e same t!me d!srespe&t to t*ed!"n!ty o# t*e &o%rt 8%st!&e. 'oreo2er, the use ofim!assioned lanuae in !leadins, more often than not,creates more heat than liht. (-%enaseda v. 5av!er, G.R.No. 1019, 22 SCRA , September 21, 1993)

5ome instances of disres!ectful lanuae:

). 5tatin that $ustice is FblindG and alsoFdeaf and dumbG* (+n re Ama&en, 42, 31 SCRA 2, 5ebr%ary 190)

+. Attributin to the 5C acts of dismissin

$udes Fwithout rhyme and reasonG anddisbarrin lawyers Fwithout due !rocessG(Kad!var vs. Gon of the )@? Constitution eclusi2ely2ests in the S%preme Co%rt administrati2e su!er2isiono2er all courts and court !ersonnel, from the #residinJustice of the Court of A!!eals down to the lowestmunici!al court cler;. By 2irtue of this !ower, it is only the5C that can o2ersee the $udes9 and court !ersonnel9scom!liance with all laws, and ta;e the !ro!eradministrati2e action aainst them if they commit any2iolation thereof.


23/48


an* 'air criticis+s o' the court


24/48

Q: What are the general rules &rotectingAttorne0lient relationshi&?

A:). Best efforts must be eerted by the

attorney to !rotect his client9s interest*

+. 6he attorney must !rom!tly account forany fund or !ro!erty entrusted by orrecei2ed for his client*

-. An attorney cannot !urchase his client9s!ro!erty or interest in litiation*

. 6he !ri2acy of communications shall at alltimes u!held*

=. An attorney cannot re!resent a !artywhose interest is ad2erse to that of hisclient e2en after the termination of therelation.

4ote: In the !ractice of his !rofession, a licensedattorney at law enerally enaes in three !rinci!al ty!es

of !rofessional acti2ity, namely: %AP). %eal ad2ice and instructions to clients to

inform them of their rihts and obliations*+. A!!earance for clients before !ublic tribunals

which !ossess !ower and authority todetermine rihts of life, liberty, and !ro!ertyaccordin to law, in order to assist in !ro!erinter!retation and enforcement of law.

-. Pre!aration for clients of documents requirin;nowlede of leal !rinci!les not !ossessed byordinary layman. (C'R Annotated, '*!$A)

Q: 0 engage* the ser2ices o' Att0. onalesto &re&are an* 'ile a &etition 'or the issuance o'a ne certi'icate o' title. 0 con'i*e* ith hi+

the circu+stances surroun*ing the lost titlean* *iscussing the 'ees an* costs. When the&etition as a/out to /e 'ile*, Att0. onalesent to 0


25/48


26/48

!ros!ects and ad2antae of settlin the casethrouh a com!romise. (1996, =GG1, =GG=, =GG5Bar Question)

Rule 15.01 ! A lawyer shall not decline torepresent a person solely on account of thelatter)s race, se(, creed or status of life, or

because of his own opinion regarding the guiltof said person.

"ule ).) is a!!licable ony !n &r!m!na &ases. Incriminal cases, a lawyer cannot decline tore!resent an accused or res!ondent because ofhis o!inion that the said !erson is uilty of thechare or chares filed aainst him. Inre!resentin the accused or res!ondent, thelawyer must only use means which are fair andhonorable. %"ule )-?, sec. +PIQ, "e2ised "ules ofCourt(

"ule ).) is not a!!licable in ci2il cases because

F%c( 6o counsel or maintain such actions or!roceedins only as a!!ear to him to be $ust, andsuch defenses only as he belie2es to be honestlydebatable under the law.G %"ule )-?, sec. +PcQ,"e2ised "ules of Court(

Rule 15.0 A lawyer shall not decline, e(ceptfor serious and sufficient cause, anappointment as counsel de oficio or as amicuscuriae or a re"uest from the #ntegrated 4ar ofthe 6hilippines or any of its chapters forrendition of free legal aid. (1991, 1993, 1997,1996, 199F, =GG1, =GG=, =GG7, =GG6 BarQuestion)

Q: What is the &rotection gi2en /0 la to &oorlitigants ho cannot a''or* the ser2ices o' ala0er?

A: "ule )-?, 5ec. -). Attorneys for destitutelitiants: A court may assin an attorney to render!rofessional aid free of chare to any !arty in case,if u!on in2estiation it a!!ears that the !arty isdestitute and unable to em!loy an attorney, andthat the ser2ices of counsel are necessary tosecure the ends of $ustice and to !rotect the rihtsof the !arty. It shall be the duty of the attorney soassined to render the required ser2ice, %nesshe

is ecused therefrom by the court for sufficientcause shown.

Q: Who +a0 /e a&&ointe* as counsel deofficio

A:). 'embers of the bar in ood standin*

+. Any !erson, resident of the !ro2ince and ofood re!ute for !robity and ability, inlocalities without lawyers

Q: What are consi*ere* in a&&ointing a counselde officio?

A:). &ra2ity of offense*+. 0ifficulty of questions that may arise*-. E!erience and ability of a!!ointee.

Q: When +a0 re'usal o' a counsel to act ascounsel de oficio /e ;usti'ie* on groun*s asi*e'ro+ the reasons o' health, e8tensi2e tra2ela/roa*, or si+ilar reasons o' urgenc0?

A:ther $ustified rounds for refusal to act as acounsel de o#!&!o are:

a. 6oo many de o##!&!o cases assined to thelawyer* %'eope v. aen" G.R. No. 43091

$an%ary 30, 193)b. Conflict of interest* (R%e 1.03, C'R)c. 1awyer is not in a !osition to carry out the

wor; effecti2ely or com!etently* %s%pra(c. 1awyer is !rohibited from !racticin law by

reason of his !ublic office which !rohibitsa!!earances in court* and

d. 1awyer is !reoccu!ied with too many caseswhich will s!ell !re$udice to the new clients.

Q: Att0. . Bonana, a se+iretire* -etro -anila&ractitioner has a cattle ranch in the re+ote+unici&alit0 o' 4ue2a "ci;a. e atten*s to hisla o''ice in -anila on -on*a0s, !ues*a0s an*

We*nes*a0s, an* the rest o' the ee hes&en*s in his cattle ranch raising horses.

In a cri+inal case &en*ing /e'ore the -unici&al!rial ourt o' arranglan, the onl0 otherlicense* +e+/er o' the /ar in the &lace isre&resenting the co+&lainant. !he accuse* is a*etention &risoner. !he ;u*ge ants to e8&e*ite&rocee*ings.

What +ust the ;u*ge *o to e8&e*ite&rocee*ings?

A:6he $ude may a!!oint attorney Bonanza as

counsel de o#!&!o considerin that the accused is adetention !risoner and therefore it is assumed thathe has no financial means of enain a !aidcounsel.

I' Att0. Bonana is reueste* to act as counsel'or the accuse*, coul* he or shoul* he re'use/0 sa0ing that in the &ro2ince, he ants to *onothing e8ce&t ri*e horses an* castrate /ulls?"8&lain.


27/48


A:6he attorney cannot refuse to be a!!ointed ascounsel de o#!&!o merely on the reason that he is asemi/retired !racticin lawyer. #recisely one of thereasons for the interation of the bar in the#hili!!ines is to com!el all !ersons who ha2e beenadmitted to the !ractice of law in the #hili!!ines to

!erform their duties to assist the courts in theadministration of !ublic.

Q: What is assaile* in this certiorari&rocee*ingis an or*er o' res&on*ent u*ge li+aco*en0ing a +otion 'ile* /0 &etitioner %e*es+a to/e alloe* to ith*ra as counsel de oficio.#ne o' the groun*s 'or such a +otion as hisallegation that ith his a&&oint+ent as "lectionRegistrar /0 the o++ission on "lections, heas not in a &osition to *e2ote 'ull ti+e to the*e'ense o' the to accuse*. !he *enial /0res&on*ent u*ge o' such a &lea,notithstan*ing the con'or+it0 o' the

*e'en*ants, as *ue @its &rinci&al e''ect o'*ela0ing the case. Is the *enial o' u*geli+aco correct?

A:es. 6he reluctance of 1edesma to com!ly withhis res!onsibilities as counsel de oficio is not anadequate round for the motion of withdrawal.'embershi! in the bar is !ri2ilee burdened with acondition. 7or some lawyers es!ecially theneo!hytes in the !rofession bein a!!ointed as alawyer is an ir;some chore. 4a !s a pro#ess!onded!&ated to t*e !dea o# serv!&e and not a meretrade. ?*%s !s made man!#est t*e !nd!spensaberoe o# a member o# t*e -ar !n t*e de#ense o# an

a&&%sed.5uch a consideration could ha2e sufficedfor !etitioner not bein allowed to withdraw ascounsel de o#!&!o. 7or he did betray by his mo2eshis lac; of enthusiasm for the tas; entrusted tohim, to !ut matters mildly. 3e did !oint thouh tohis res!onsibility as an election reistrar. Assuminhis ood faith, no such ecuse could be a2ailednow. ?*ere !s not !ey at present, and !n t*e!mmed!ate #%t%re, an e:orb!tant demand on *!st!me. (4edesma v. C!ma&o, 423/1, $%ne 2/,19)

Q: err0 $errer as accuse* o' ha2ing ra&e*his 110earol* ste&*aughter. err0


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neglect o' *ut0. Is Att0. a;o0ag r. guilt0 o'neglect o' *ut0?

A: es. 'otions for etension are not ranted as amatter of riht but in the sound discretion of thecourt, and lawyers should ne2er !resume that theirmotions for etension or !ost!onement will be

ranted or that they will be ranted the lenth oftime they !rayed for.

7urther, re"ardess o# t*e a"reement respondent*ad !t* &ompa!nant !t* respe&t to t*e paymento# *!s #ees, respondent oed !t to &ompa!nant todo *!s %tmost to ens%re t*at every remedy aoedby a !s ava!ed o#."ule ). of the Code of#rofessional "es!onsibility en$oins e2ery lawyer tode2ote his full attention, dilience, s;ills, andcom!etence to e2ery case that he acce!ts.#ressure and lare 2olume of leal wor; do notecuse res!ondent for filin the !etition forcertiorari out of time.


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!aao Ao0agi &ai* Att0. Ace;as P7G,GGG.GG,P=5,GGG o' hich is 5GE o' the acce&tance 'ee,an* the P15,GGG.GG is 'or 'iling*ocet 'ee.

ernan*e, in the &resence o' Att0. Ace;as,&ro&ose* that !aao Ao0agi &a0 the a+ount o'P1 +illion in e8change 'or the hel& he oul*

e8ten* to !aao in securing a &er+anent 2isain the Phili&&ines. Att0. Ace;as *i* nothing.

i* Att0. Ace;as 2iolate the legal ethics o' the&ro'ession?

A:es. As a lawyer, it was his duty to re!resenthis clients in dealin with other !eo!le. 3is!resence at the scheduled return of the !ass!ortwas $ustified. 6his fact, howe2er, does not su!!orthis innocence. Atty. Ace$as, failed to act for orre!resent the interests of his clients. 3e ;new ofthe !ayoff, but did nothin to assist or !rotect theirrihts, a fact that stronly indicated that he was to

et a share.

6he Court reminds lawyers to follow leal ethicswhen confronted by !ublic officers who etortmoney. 1awyers must decline and re!ort thematter to the authorities. +# t*e e:tort!on !s d!re&tedat t*e &!ent, t*ey m%st adv!se t*e &!ent not to

per#orm any !e"a a&t. Moreover, t*ey m%st report!t to t*e a%t*or!t!es, !t*o%t *av!n" to v!oate t*eattorney&!ent pr!v!e"e. Nat%ray, t*ey m%st not

part!&!pate !n t*e !e"a a&t. Atty. A&e8as d!d not#oo t*ese "%!de!nes. Lorse, *e &onsp!red !t*t*e e:tort!on!sts. (A&e8as +++ v. 'eope, G.R. No.13, $%ne 2, 200)

Q: -a0 a la0er in2oe &ri2ilege*co++unication to re'use re2ealing his clientssecrets con'i*e* to hi+ /0 such client in thecourse o' &ro'essional e+&lo0+ent?

A: es. "ule )=.+ of the Code !ro2ides that Alawyer shall be bound by the rule on !ri2ileecommunication in res!ect of matters disclosed tohim by a !ros!ecti2e client.

5%rt*ermoreA4#4 =1

A %AWM"R A%% PR""RD" #4$I"4"

A4 "R"! #$ I %I"4! "D"4 A$!"R!" A!!#R4"M%I"4! R"%A!I#4 I

!"R-I4A!"(199F, =GG6 Bar Questions)

4ote:6he !rotection i2en to the client is !er!etual anddoes not cease with the termination of the litiation nor isaffected by the !arty ceasin to em!loy the attorney andem!loy another or any other chane of relation betweenthem. +t even s%rv!ves t*e deat* o# t*e &!ent.

Rule 1.01 A lawyer shall not reveal theconfidences or secrets of his clients e(cept

a. 'hen authori9ed by the client afterac"uainting him of the conse"uencesof the disclosure*

4ote: 6here is a wai2er of the !ri2ilee by the client.

6he onyinstance where the wai2er of the client alone isinsufficient is when the !erson to be eamined withreference to any !ri2ileed communication is theattorney9s secretary, stenora!her or cler;, in res!ect towhich the consent, too, of the attorney is necessary.

b. 'hen re"uired by law*c. 'hen necessary to collect his fees or

to defend himself, his employees orassociates by /udicial action. (=GGF BarQuestion)

Rule 1.0 ! A lawyer shall not, to thedisadvantage of his client, use informationac"uired in the course of employment, norshall he use the same to his own advantage orthat of a third person, unless the client with full+nowledge of the circumstances consentsthereto.

Q: Bun iong Mao is a +a;orit0 stochol*er o'olar $ar+s T %i2elihoo* or&oration an*olar !e8tile $inishing or&oration. Att0.%eonar*o Aurelio is also a stochol*er an* theretaine* counsel o' /oth the cor&oration an*Bun iong Mao.

!he latter &urchase* se2eral &arcels o' lan*using his &ersonal 'un*s /ut ere registere* inthe na+e o' the cor&orations u&on the a*2iceAtt0. Aurelio.

A'ter a *isagree+ent /eteen Att0. Aurelio an*Bun iong Mao


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A: es. 6he lon/established rule is that anattorney is not !ermitted to disclosecommunications made to him in his !rofessionalcharacter by a client, unless the latter consents.Respondent too advanta"e o# *!s be!n" a ayer!n order to "et ba& at t*e &ompa!nant. +n do!n"

so, *e *as !nev!taby %t!!ao vs. A%re!o, A.C. No. 023,/ SCRA 0, Mar&* 30, 200)

Rule 1.03 ! A lawyer shall not, without thewritten consent of his client, give informationfrom his files to an outside agency see+ing

such information for auditing, statistical,boo++eeping, accounting, data processing, orany other similar purposes.

Q: What are the reuisites o' Pri2ilege*o++unication?

A:). Atty.&!ent reat!ons*!p or a ;ind of

consultancy relationshi! with a !ros!ecti2eclient. 6hat is, leal ad2ice is what issouht. 6his includes !ersons a!!ointedas &o%nse de o##!&!o*

+. Communication made by client to lawyer in

the course of ayerBs pro#ess!onaempoyment=

-. Communication is intended to be &on#!dent!a%R%e 130, Se&. 21(b), RC)

4ote:#ayment of retainer fee is not essential before anattorney can be required to safeuard a !ros!ecti2eclient9s secret acquired by the attorney durin the courseof the consultation with the !ros!ecti2e client, e2en if theattorney did not acce!t the em!loyment.

!"!: Dhether the communications are made to anattorney with 2iew of obtainin from him !ersonalassistance or ad2ice reardless of whether there is a!endin or merely im!endin litiation or any litiation.

Q: Who are the &ersons entitle* to clai+ the&ri2ilege?A:

R:6he attorney/client !ri2ilee co2ers:). 1awyer*+. Client* and-. 6hird !ersons who by reason of their wor;

ha2e acquired information about the casebein handled such as:

a. Attorney9s secretary, stenora!herand cler;*

b. Inter!reter, messeners and aentstransmittin communication* and

c. An accountant, scientist, !hysician,enineer who has been hired foreffecti2e consultation (R%e 130, Se&.

2(b), RRC).

Q: When is co++unication not&ri2ilege*?

A: A communication made by a client to a lawyeris not !ri2ileed:

). After !leadin has been filed %!leadin ceasesto be !ri2ileed communication H becomes!art of !ublic records(*

+. Dhen communication was intended by theclient to be sent to a third !erson throuh hiscounsel %it loses its confidential character assoon as it reaches the hands of third !erson(*

-. Dhen the communication souht by client isintended to aid #%t%recrime or !er!etration offraud*

. Dhen communication between attorney andclient is heard by a third !arty H third !artytestimony is admissible as e2idence* and

=. Dhen there is consent or wai2er of the client*>. Dhen the law requires disclosure* and

. Dhen disclosure is made to !rotect thelawyer9s rihts %i.e., to collect his fees ordefend himself, his em!loyees or associatesor by $udicial action( %R%e 21.01 o# C'R)

4ote:E2en if the communication is un!ri2ileed, the rule

of ethics !rohibits him from 2oluntarily re2ealin or usinto his benefit or to that of a third !erson, to thedisad2antae of the client, the said communicationunless the client consents thereto.

6his is a!!licable to students under the 5tudent #ractice1aw #roram.

Rule 1.05 ! A lawyer may disclose the affairsof a client of the firm to partners or associatesthereof unless prohibited by the client.

#rofessional em!loyment of a law firm is equi2alentto retainer of members thereof. In a law firm,!artners or associates usually consult one another

in2ol2in their cases and some wor; as a team.Consequently, it cannot be a2oided that someinformation about the case recei2ed from the clientmay be disclosed to the !artners or associates.

Rule 1.0 A lawyer shall adopt suchmeasures as may be re"uired to prevent thosewhose services are utili9ed by him, fromdisclosing or using confidences or secrets ofthe client.


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Rule 1.0% A lawyer shall avoid indiscreetconversation about a client)s affairs even withmembers of his family.

Rule 1.07 A lawyer shall not reveal that hehas been consulted about a particular case

e(cept to avoid possible conflict of interest.

Q: an the la0er re'use 'ro+ *isclosing hisclient


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'oneys collected by the lawyer on a $udmentfa2orable to his client constitute trust funds andshould be immediately !aid o2er to the client.Dhile "ule )-?, 5ection - of the "ules of Courtrants the lawyer a lien u!on the funds, documentsand !a!ers of his client, which ha2e lawfully comeinto his !ossession, such that he may retain the

same until his lawful fees and disbursements ha2ebeen !aid, and a!!ly such funds to the satisfactionthereof, the lawyer still has the res!onsibility to!rom!tly account to his client for such moneysrecei2ed. 7ailure to do so constitutes !rofessionalmisconduct.

6he lawyer9s failure to turn o2er such funds,moneys, or !ro!erties to the client des!ite thelatter9s i2es rise to the !resum!tion that thelawyer had con2erted the money for his !ersonaluse and benefit. 6his failure also renders thelawyer 2ulnerable to $udicial contem!t under "ule)-?, 5ection += of the "ules of Court. (C'R

Annotated, '*!$A)

Q: %uis *e u+an as *e'en*ant in a ci2il case,o/tain an a*2erse ;u*g+ent. is counsel asAtt0. "++anuel Basa.

e ants to challenge the *ecision through a&etition 'or certiorari. It as agree* that %uisill &a0 P15,GGG 'or sai* legal ser2ice. Att0.Basa collecte* a *on &a0+ent o' P5,GGG.oe2er, no such &etition as 'ile*.

e *i* not seasona/l0 'ile ith the A thereuire* a&&ellant


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4ote:Art. )@) %=( of the s re&resentati2e

*eli2ere* a total o' P51, 161 to Att0. a/re*o>so''ice. oe2er, the +anage+ent o' "s&har'oun* out that he *i* not *eli2er sai* +one0 tothe court or to the /an.

i* Att0. a/re*o co++it a /reach o' trust?

A: es. 3is act amounted to deceit in 2iolation ofhis oath. 6he relationshi! between a lawyer and aclient is hihly fiduciary* it requires a hih deree of

fidelity and ood faith. 3ence, in dealin with trust!ro!erty, a lawyer should be 2ery scru!ulous.Money or ot*er tr%st property o# t*e &!ent &om!n"!nto t*e possess!on o# t*e ayer s*o%d bereported by t*e atter and a&&o%nt any&!r&%mstan&es, be &omm!n"ed !t* *!s on or be%sed by *!m. (6sp!r!t% v. Cabredo, A.C. No. /31.

$an%ary 13, 2003)

Attorne0s 'ees o' 3GE, /ut theres&on*ent re'use* an* onl0 o''ere* to re+it toco+&lainants an a+ount less than that,insisting that he shoul* /e alloe* to *e*uctsheri''>s 'ees an* other a*+inistrati2ee8&enses /e'ore *eli2ering the +one0 to theclients. Is Att0. Angeles ;usti'ie* in his action?

A:


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Q: e'ine an attorne0


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case an* to *iscre*it enato


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!ay the !urchase !rice of a !arcel of land, thelawyer should, u!on failure to ta;e such ste! ands!end the money for it, immediately return themoney to his client. 6he fact that a lawyer has alien for his attorneyLs fees on the money in hishands collected for his client does not relie2e himfrom the obliation to ma;e a !rom!t accountin.


37/48


filed a strin of criminal and administrati2e casesaainst him. 3is action is malicious as the caseshe instituted aainst the com!lainant did not ha2eany bearin or connection to the cause of hisclient, 's. &aranian. Clearly, Atty. 4nto 2iolatedthe !roscri!tion in "ule )@.). 3is beha2ior isinecusable. (On" v. @nto, A.C. No. 21,

5ebr%ary , 2002)

4ote:A lawyer should use his best efforts to restrain andto !re2ent his client from doin those thins which hehimself ouht not to do, !articularly with reference to theconduct toward the court, $udicial officer, witness andsuitor and if the client !ersists in such wron doin, thelawyer should terminate their relation. (S%r!"ao M!neraReservat!on -oard v. Cor!be, 4202, $an%ary 9, 190)

4. -uty to advice candidly

As officers of the court, counsels are underobliation to ad2ice their clients aainst ma;inuntenable and inconsistent claims. 6he counselshould inform his client and dissuade him fromfilin the case if it is totally de2oid of merit. If hefinds that his client9s cause is fairly meritorious andri!e for $udicial ad$udication, he should refrain fromma;in bold and confident assurance of success.

;. -uty of lawyer in case of +nowledge ofclient)s fraud

6he lawyer9s duty to his client does not meanfreedom to set u! false or fraudulent claimses!ecially with res!ect to !ro2isions of law oradministrati2e rules and that while lawyers arebound to eert utmost leal s;ill in !rosecutin theirclient9s cause or defendin it, their duty, first andforemost, is to the administration of $ustice. (C'R

Annotated, '*!$A)

4ote: It is an unethical tactic for a lawyer to offermonetary rewards to anyone who could i2e himinformation aainst a !arty so that he could ha2ele2erae aainst all actions in2ol2in such !arty. %C#"Annotated, #hilJA(

Rule 1&.0 A lawyer who has receivedinformation that his client has, in the course ofthe representation, perpetrated a fraud upon a

person or tribunal, shall promptly call upon the

client to rectify the same, and failing which heshall terminate the relationship with such clientin accordance with the rules of court.

Authorit0 o' a la0er

Rule 1&.03 A lawyer shall not allow his clientto dictate the procedure in handling the case.

6he code en$oins a lawyer to em!loy only fair andhonest means to attain the lawful ob$ecti2es of hisclient and warns him not to allow his client todictate the !rocedure in handlin the case. In short,a lawyer is not a un for hire. (M!are v. Atty.Montero, A.C. No. 32/3 $%y 13, 199)

4ote: 6he lawyer, and not the client, is assumed to ha2e;nowlede of laws and rules of !rocedure. 6he!rocedure in handlin a case should therefore fall withinthe lawyer9s control and su!er2ision.

Q: Is the la0er con'ine* entirel0 on thein'or+ation his client ga2e?

A:


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A:


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lawyer in control, and as to the sub$ect matter, theclient is in control.

Q: What is a co+&ro+ise?

A: It is a contract whereby the !arties, by ma;inreci!rocal concessions, a2oid litiation or !ut an

end to one already commenced. (Art. 202/, NCC)

Q: tate the rule ith res&ect to the authorit0 o'an attorne0 to co+&ro+ise his client


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A: s $ees categorie*?

A:Ord!nary attorneyHs #ee / 6he reasonablecom!ensation !aid to a lawyer by his client forthe leal ser2ices he has rendered to thelatter. 6he basis for this com!ensation is thefact of his em!loyment by and his areementwith the client.

6:traord!nary attorneyHs #ee/ An indemnity for

damaes ordered by the court to be !aid bythe losin !arty in litiation. 6he basis for thisis any of the cases !ro2ided for by law wheresuch award can be made, such as thoseauthorized in Article ++? of the Ci2il Code,and is !ayable


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&ercent (=GE) o' total +onetar0 clai+s assettle* or &ai* an* an a**itional ten &ercent(1GE) in case o' a&&eal.

%a/or Ar/iter ren*ere* a ecision granting the+onetar0 clai+s o' Ale8an*er. "2entuall0, a'terse2eral a&&eals, the *ecision /eing 'a2ora/le to"2angelina (su/stitute* her *ecease*hus/an*), the *ecision /eca+e 'inal an*e8ecutor0. &on +otion o' Att0. o, the suret0co+&an0 *eli2ere* to the 4%R ashier,through the 4%R heri'', the chec a+ountingto P3,757,GC9.=G. !herea'ter, Att0. o +o2e* 'orthe release o' the sai* a+ount to "2angelina.#ut o' the sai* a+ount, "2angelina &ai* Att0.o the su+ o' P6FG,GGG.GG.

issatis'ie*, Att0. o 'ile* a +otion to recor*an* en'orce the attorne0


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e. Dhen lawyer and client d!sre"ard t*e&ontra&t #or attorney9s fees*

f. Dhen the client dismissed his counselbefore the termination of the case.

4ote: 1enth of !ractice is not a safe criterion of!rofessional ability.

Q: In the a/sence o' such 'ee arrange+ent,ho oul* the ser2ices o' an attorne0 /eco+&ensate*?

A: In the absence of a fee arranement, thelawyer is !aid on a quantum meruit basis. 6hefactors to be ta;en into consideration indeterminin the amount are: !I4

). $!me spent and t*e serv!&es rendered orre%!red U A lawyer is $ustified in fiinhiher fees when the case is socom!licated and requires more time and

effort in fiin it.

+. #mportan&e o# s%b8e&t matter U 6he moreim!ortant the sub$ect matter or the bierthe 2alue of the interest of the !ro!erty inlitiation, the hiher is the attorney9s fees.

-. :ovety and d!##!&%ty o# %est!ons !nvovedU Dhen the questions in a case are no2eland difficult, reater effort, dee!er studyand research are bound to burn thelawyer9s time and stamina considerin thatthere are no local !recedents to rely u!on.

. @! demanded o# a ayer U 6he totalityof the lawyer9s e!erience !ro2ides hims;ill and com!etence admired in lawyers.

Q: What is a retainer?

A: It may refer to two conce!ts:). A&t of a client by which he enaes the

ser2ices of an attorney to render lealad2ice or to defend or !rosecute his causein court*

+. 5eewhich a client !ays to the attorney

Q: once&t Place+ent retaine* the ser2ices o'

Att0. $un. n*er their retainer contract, theres&on*ent is to ren*er 2arious legal ser2icese8ce&t litigation, uasi;u*icial an*a*+inistrati2e &rocee*ings an* si+ilar actions'or hich there ill /e se&arate /illings.

!herea'ter, Att0. $un re&resente* once&tPlace+ent in the case 'ile* against the&etitioner 'or illegal *is+issal. While the la/orcase as still &en*ing, once&t Place+ent

ter+inate* the ser2ices o' Att0. $un.4e2ertheless, Att0. $un continue* han*lingthe case. Att0. $un then a*2ise* once&tPlace+ent o' the P#"A


43/48


before the case was finished, he will beallowed only reasonable fees*

+. Dhen there is a $ustified dismissal of theattorney, the contract will be nullified and!ayment will be on the basis of %ant%mmer%!t only. A contrary sti!ulation will bein2alid*

-. Dhen the sti!ulated attorney9s fees areunconscionable i.e., when it isdis!ro!ortionate as com!ared to the 2alueof ser2ices rendered and is re2oltin tohuman conscience*

. Dhen the sti!ulated attorney9s fees are inecess of what is e!ressly !ro2ided bylaw*

=. Dhen the lawyer is uilty of fraud or badfaith toward his client in the matter of hisem!loyment*

>. Dhen the counsel9s ser2ices are worthlessbecause of his nelience*

. Dhen contract is contrary to law, morals or

!ublic !olicy* and?. 5er2in ad2erse interest unless the lawyer

!ro2es that it was with the consent of both!arties.(=GG6 Bar Question)

Q: What is a cha+&ertous contract?

A: It is one where the lawyer sti!ulates with hisclient in the !rosecution of the case that he willbear all the e!enses for the reco2ery of thins or!ro!erty bein claimed by the client, and the latterarees to !ay the former a !ortion of the thin or!ro!erty reco2ered as com!ensation. It is 2oid forbein aainst !ublic !olicy. %1i;e amblin( (1999,

=GGG, =GG6 Bar Questions)

ontingent ontract ha+&ertous ontract

#ayable in cash #ayable in ;ind ony

1awyers do notunderta;e to !ay alle!enses of litiation

1awyers underta;e to!ay all e!enses oflitiation

Valid Void

Rule 0.0 ! A lawyer shall, in cases of referral,with the consent of the client, be entitled to adivision of fees in proportion to the wor+

performed and responsibility assumed.

Q: What shoul* a la0er *o i' he nos orshoul* no that he is not uali'ie* to ren*erthe legal ser2ices reuire*?

A: A lawyer shall not underta;e a leal ser2icewhich he ;nows or should ;now that he is notqualified to render. 3owe2er, he may render suchser2ice if, with the consent of his client, he canobtain as collaboratin counsel a lawyer who iscom!etent on the matter.

Rule 0.03 ! A lawyer shall not, without the full+nowledge and consent of the client, acceptany fee, reward, costs, commission, interest,rebate or forwarding allowance or othercompensation whatsoever related to his

professional employment from anyone otherthan the client. (199C, =GG3 Bar Questions)

4ote:6o secure the fidelity of the lawyer to his client9scause and to !re2ent a situation in which the recei!t ofhim of a rebate or commission from another with theclient9s business may interfere with the full dischare ofhis duty to his client. In short, there should be no room forsus!icion on the !art of the client that his lawyer isrecei2in com!ensation in connection with the case fromthird !ersons with hostile interests. (Report o# t*e +-'Comm!ttee)

NP4: A lawyer may recei2e com!ensationfrom a !erson other than his client when the

latter has full ;nowlede and a!!ro2al thereof.(R%e 13/, Se&. 20 (e))

Rule 0.05 ! A lawyer shall avoid controversieswith clients concerning his compensation andshall resort to /udicial action only to preventimposition, in/ustice or fraud. (199F BarQuestion)

Q: an a la0er 'ile a case against his client 'orthe en'orce+ent o' attorne0


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lawyerLs claim for attorneyLs fees may arise hasbecome final. therwise, the determination of thecourts will be !remature.

Contracts for em!loyment may either be oral ore!ress.

Q: What are the instances hen anindependent civil action to reco2er attorne0. Judment debtor has fully !aid all of the$udment !roceeds to the $udmentcreditor and the lawyer has not ta;en anyleal ste! to ha2e his fees !aid directly tohim from the $udment !roceeds.

Q: What are the e''ects o' the nullit0 o' contracton the right to attorne0


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@. In actions for indemnity under wor;men9scom!ensation and em!loyee9s liabilitylaws*

). In a se!arate ci2il action arisin from acrime*

)). Dhen at least double costs are awarded%costs of suit does not include attorney9s

fees(*)+. Dhen the court deems it $ust and

equitable* and)-. Dhen a s!ecial law so authorizes. (Art.

220/ o# t*e NCC)

Q: What are the *i''erent t0&es o' 'eearrange+ents an attorne0 +a0 enter into ithhis client?

A:). "etainer9s fee where the lawyer is

!aid for ser2ices for an areed amount forthe case.

+. 6he lawyer arees to be !aid !ercourt a!!earance.

-. Continent fee where the lawyeris !aid for his ser2ices de!endin on thesuccess of the case. 6his a!!lies usuallyin ci2il suits for money or !ro!erty wherethe lawyer9s fee is ta;en from the awardranted by the court.

. Attorney de O#!&!o. 6he attorney isa!!ointed by the court to defend theindient litiant in a criminal case. 6heclient is not bound to !ay the attorney forhis ser2ices althouh he may be !aid anominal fee ta;en from a !ublic fund

a!!ro!riated for the !ur!ose.=. 1eal Aid. 6he attorney renders

leal ser2ices for those who could notafford to enae the ser2ices of !aidcounsel.

>. %ant%m mer%!t bas!s. If there isno s!ecific contract between the lawyerand the client, the lawyer is !aid onquantum meruit basis that is what thelawyer deser2es for his ser2ices.

A4#4 =1ee *iscussion on Rule 15.G=

A4#4 ==WI!RAWA% #$ "RDI"

(1997, 1995, 199C, 199F, =GGG, =GG1, =GG7, =GG5,=GGF Bar Question)

Q: When is a la0er alloe* to ith*ra hisser2ices?

A: A lawyer shall withdraw his ser2ices only forood cause and u!on notice a!!ro!riate in thecircumstances.

R: A lawyer lac;s the unqualified riht towithdraw once he has ta;en a case.

By his acce!tance, he has im!liedly sti!ulatedthat he will !rosecute the case to conclusion.6his is es!ecially true when such withdrawalwill wor; in$ustice to a client or frustrate theends of $ustice.

NP4:6he riht of a lawyer to retire from thecase before its final ad$udication, which arisesonly from:

). 6he client9s written consent* or+. 7or a ood cause

Q: What are the instances hen a la0er +a0ith*ra his ser2ices without the consent o'

his client?

A: $I. -#DI"a. Dhen the client deliberately fa!s to

pay t*e #ees for the ser2ices or fails tocom!ly with the retainer areement*

b. Dhen the client !ursues an ie"a or!mmora course of conduct in connectionwith the matter he is handlin*

c. Dhen the lawyer finds out that hemiht be a!!earin for a con#!&t!n"!nterest*

d. Dhen the menta or p*ys!&a &ond!t!on ofthe lawyer renders it difficult for him to

carry out the em!loyment effecti2ely*e. 2t*ersimilar cases*f. Dhen the client insists that the lawyer

!ursue conduct in v!oat!on of thesecanons and rules*

. Dhen his inab!!ty to wor; with co/counsel will not !romote the best interestof the client* and

h. Dhen the lawyer is ee&ted orappo!nted to a !ublic office. (R%e 20.01C'R)

4ote: Ara2atin her ross nelience in the!erformance of her duties, res!ondent abru!tly sto!!ed

a!!earin as com!lainantLs counsel e2en as !roceedinswere still !endin / with neither withdrawal nor ane!lanation for doin so. It must be remembered thatwhile the riht of the client to terminate the relation isabsolute, i.e. with or without cause, the riht of theattorney to withdraw or terminate the relation other thanfor sufficient cause is considerably restricted. -e t*at as!t may, *et*er or not a ayer *as a va!d &a%se #or!t*dra!n" #rom a &ase, *e &an not 8%st do so and eavet*e &!ent o%t !n t*e &od %nprote&ted. An attorney mayonly retire from a case either by written consent of his

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client or by !ermission of the court after due notice andhearin, in which e2ent the lawyer should see to it thatthe name of the new counsel is recorded in the case.(Sante&o v. Atty. Avan&e, AC /3, e&ember 11, 2003)

Q: What is the &roce*ure hen ith*raal isithout client


47/48


A:). L!t*draa of the lawyer under "ule

++.)*+. eat* of the lawyer, unless it is a 1aw

7irm, in which case, the other !artnersmay continue with the case*

-. eat*of the client as the relationshi! is!ersonal, and one of aency

. !s&*ar"e or d!sm!ssa of the lawyer bythe client, for the riht to dismiss a counselis the !reroati2e of the client, sub$ect tocertain limitations*

=. Appo!ntment or ee&t!onof a lawyer to theo2ernment !osition which !rohibits!ri2ate !ractice of law*

>. 7ull term!nat!onof the case or cases*. !sbarment or s%spens!on of the lawyer

from the !ractice of law*?. Inter2enin !n&apa&!ty or !n&ompeten&eof

the client durin the !endency of the case,

for then the client loses his ca!acity tocontract, or to control the sub$ect matter ofthe action. 6he uardian may authorizethe lawyer to continue his em!loyment*

@. 0eclaration of the pres%mpt!ve deat* ofthe lawyer %art. -@,


48/48

A: It is eercised on the !reser2ati2e and not onthe 2indicti2e !rinci!le and on correcti2e ratherthan the retaliatory idea of !unishment, for!ur!oses that are im!ersonal. It is &r!m!na innature.

Q: What are the in*s o' conte+&t?

A:a. !re&t / Consists of misbeha2ior in the

!resence of or so near a court or $ude as tointerru!t or obstruct the !roceedins beforethe court or the administration of $ustice*!unished summarily.

b. +nd!re&t / ne committed away from thecourt in2ol2in disobedience of or resistanceto a lawful writ, !rocess, order, $udment orcommand of the court, or tendin to belittle,derade, obstruct, interru!t or embarrass thecourt.

c. C!v!/ Is the failure to do somethin orderedto be done by a court or a $ude for thebenefit of the o!!osin !arty therein.

d. Cr!m!na / Conduct directed aainst theauthority and dinity of a court or of a $ude,as in unlawfully assailin or discreditin theauthority or dinity of a court or of a $ude, orin doin a duly forbidden act.

4ote:Dhere the !unishment im!osed, whether aainst a!arty to a suit or a straner, is wholly or !rimarily to!rotect or 2indicate the dinity and !ower, either by fine

!ayable to the o2ernment or by im!risonment, or both, itis deemed a $udment in criminal case.

Dhere the !unishment is by fine directed to be !aid to a!arty in the nature of damaes for the wron inflicted, orby im!risonment as coerci2e measure to enforce the!erformance of some act for the benefit of the !arty or inaid of the final $udment or decree rendered in his behalf,the contem!t $udment will, if made before final decree,be treated as in the nature of an !ntero&%tory order.

Q: What are the to'ol* as&ects o' thee8ercise o' the &oer o' conte+&t?

A:

). 6he !ro!er p%n!s*ment of the uilty !artyfor his disres!ect to the court or its order*and

+. 6o &ompe *!s per#orman&eof some act orduty required of him by the court which herefuses to !erform.

Q: "nu+erate the acts o' a la0er thatconstitutes conte+&t?

A:). 'isbeha2ior as officer of court*+. 0isobedience or resistance to court order*

-. Abuse or interference with $udicial!roceedins*

. bstruction in administration of $ustice*=. 'isleadin the courts*>. 'a;in false alleations, criticisms, insults,

2eiled threats aainst the court*. Aidin in unauthorized !ractice of law

%sus!ended or disbarred(*?. 4nlawful retention of client9s funds* and@. Ad2ise client to commit contem!tuous acts.

Q: ela ru +isre&resente* hi+sel' as ala0er in the a&&lication 'or ha/eas cor&us o'a+i*o. What &unish+ent shoul* the court

i+&ose on ela ru?

A: 6he Court declared him uilty of !nd!re&t&ontempt for maliciously and falsely !ortrayinhimself as a member of the barRa!!earin incourt and filin !leadins. (+n t*e Matter o# t*e

App!&at!on #or ;abeas Corp%s o# Ma:!m!noGam!do= Gam!do v. Ne -!!b!d 'r!son, G.R.1/3, $%y 29, 2002)

Q: Are the &oer to hol* a &erson in conte+&tan* the &oer to *is/ar the sa+e?

A:

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