le report in pp

Attorney – Client RelationshipA lawyer-client relationship was established from the very first moment complainant asked respondent for legal advise regarding the former’s business. To constitute professional employment, it is not essential that the client employed the attorney professionally on any previous occasion … It is not necessary that any retainer be paid, promised, or charged.

-A.C. No. 6711 : July 3, 2007 Hadjula vs. Atty. Madianda

Chapter IV: The Lawyer and The Client

CANON14

Rule 14.01 A lawyer shall not decline to represent a

person solely on account of the

NEEDY

his own opinionlatter's race, sex. creed or status of life,or because ofregarding the guiltof said person.


A LAWYER SHALL NOT REFUSE HISSERVICES TO THE

Rule 14.01

1) Francisco vs. Atty. Portugal, A.C. No. 6155 March 14, 2006

Atty. Portugal branded his own clients as being the culprits that "salvaged" the victims by describing the incident, thus: "the accused police officers who had been convicted of homicide for the ‘salvage’ of Froilan G. Cabiling and Jose M. Chua and attempted homicide of Mario C. Macato."


Rule 14.02 A lawyer shall not decline, except for serious

and sufficient cause, an appointment as counsel de officio or as amicus

curiae,

Public Attorney’s Office, Maximo B. Usita, Jr. and Wilfredo C Andres vs. THE HON. SANDIGANBAYAN, G.R. Nos. 154297-300 February 15, 2008

or a request from the Integrated Bar of the Philippines or any of its chapters for rendition

of free legal aid.


Rule 14.03 A lawyer may not refuse to accept

representation of an

and the prospective client or between a present client and the prospective client.

indigent clientIf:(a) he is

not in a position to carry out thework effectively or competently;(b) he

laborsunder aconflict of interest

between him


Rule 14.04

A lawyer who accepts the cause of a person unable to pay his

professional fees shall observe the

his relations with paying clients.same standard of conductgoverning


Rule 14.04

1) Ramos vs. Atty. Dajoyag, Jr., A.C. No. 5174 February 28, 2002

• This rule enjoins every lawyer to devote his full attention, diligence, skills, and competence to every case that he accepts. Large volume of legal work do not excuse respondent for taking proper action out of time.


Rule 14.04

2) Metro Iloilo Water District vs. CA, G.R. No. 122855 November 14, 2001

• A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients.

• Movant-counsel's repeated failure to file the respondent's memorandum is a clear violation of his oath.


CANON 15

A LAWYER SHALL OBSERVE

IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS

CLIENT.

CANDOR, FAIRNESS AND LOYALTY


CANON15

1) Overgaard vs. Atty. Valdez, A.C. No. 7902 September 30, 2008

• Instead of devoting himself to the client's cause, the respondent avoided the complainant, forgot about the cases he was handling for him and ostensibly abandoned him.

• A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.


Rule 15.01A lawyer, in conferring with a

prospective client, shall ascertain as soon as practicable whether the

matter would

forthwith

involve a conflictwith another clientor his own interest, and if so, shall inform the prospectiveclient.


Rule 15.01 and 15.03

Robert Bernhard Buehs vs. Atty. Innocencio T. Bacatan, A.C. No. 6674

June 30, 2009• He took on the duty to act as a

voluntary arbitrator to hear the parties’ contentions and give judgment between them. However, respondent indorsed a criminal complaint for possible criminal prosecution against herein complainant, a party to the illegal dismissal case.


Rule 15.02 A lawyer shall be bound by the rule

on

of matters disclosed to him by a prospective client.

privilege communicationin respect


Rule 15.02

1) Hadjula vs. Atty. Madianda, A.C. No. 6711 : July 3, 2007

• The act of disclosing documents and information revealed in confidence to the respondent in the course of a legal consultation, later used as bases in criminal and administrative complaints lodged against the client, breached a lawyer’s duty of preserving the confidence of a client.


Rule 15.02

2) Mercado vs. Atty. Vitriolo, A.C. No. 5108 May 26, 2005

Varied Decision:The evidence on record fails to substantiate complainant’s allegations.


Rule 15.03A lawyer shall not represent


conflicting interestsconsent of all concerned

given after a full disclosure of the facts.

except by written

Conflict of Interest

The test is "whether or not in behalf of one client, it is the lawyer’s duty to fight for an issue or claim, but it is his duty to oppose it for the other client. In brief, if he argues for one client, this argument will be opposed by him when he argues for the other client."

- A.C. No. 5804 July 1, 2003 Hornilla and Atty. Ricafort vs. Atty. Salunat


Rule 15.03

1) De Guzman vs. Atty. De Dios, A. C. No. 4943 January 26, 2001

• Respondent appeared as counsel in behalf of complainant.

• There was evidence of collusion between the board of directors and respondent. The present situation shows a clear case of conflict of interest of the respondent.


Rule 15.032) Hornilla and Atty. Ricafort vs. Atty.

Salunat, A.C. No. 5804 July 1, 2003 • Respondent was guilty of conflict of

interest when he represented the parties against whom his other client, the PPSTA, filed suit.


Rule 15.03

3) Erlinda Abragan vs. Atty. Maximo G. Rodriguez, A.C. No. 4346 April 3,

2002 • The respondent represented

conflicting interest. An attorney owes to his client undivided allegiance.


Rule 15.03

4) Heirs of Lydio ‘Jerry” Falame vs. Atty. Baguio, ADM. CASE NO. 6876 March 7, 2008

• The attorney-client relation between Lydio and respondent was established despite the fact that it was only Raleigh who paid him.

• The fact that the attorney-client relation had ceased by reason of Lydio's death or through the completion of the specific task for which respondent was employed is not reason for respondent to advocate a position opposed to that of Lydio.


Rule 15.035) Teodosio v. Nava, A.C. No. 4673 -

April 27, 2001 Varied Decision:Respondent did not violate this rule. The danger that petitioner may abuse his clients' confidences to the detriment of the other is absent.


Rule 15.04A lawyer may, with the written

consent of all


Rule 15.05 A lawyer when advising his client,

shall give

in settling disputes.

concerned, act asmediator, conciliatoror

arbitrator

client's case, neither overstating nor understating the prospects of the case.

a candid andhonest opinion on the meritsand probable results of

the

Rule 15.05

1) Rollon vs. Atty. Naraval, A.C. No. 6424 March 4, 2005

The judgment civil suit between Rosita Julaton and complainant had long become final and executory. But he withheld such vital information from complainant.


Rule 15.06A lawyer shall not state or imply

that he is


tribunal or legislative body.

able toinfluence any public official,

Rule 15.06

1) In Re: Use by Atty. Renerio G. Paas as an office in his private practice of his profession the office of his wife, Pasay City METC Judge

Estrellita M. Paas, A.M. No. 01-12-02-SC April 4, 2003

• It is unprofessional and dishonorable, to say the least, to misuse a public office to enhance a lawyer's prestige. Public confidence in law and lawyers may be eroded by such reprehensible and improper conduct.


Rule 15.06

2) Reddi vs. Atty. Sebrio, A.C. No. 7027 January 30, 2009

• He convinced complainant to pay bribe money to our judges since, he claims, that it is a common practice in the Philippines.


Rule 15.07A lawyer shall impress upon his

client


compliance with the laws and the principles of fairness.

Rule 15.07

1) Rural Bank of Calape, Inc. Bohol vs. Atty. Florido, A.C. No. 5736 June 18,

2010 • Respondent led his clients in physically

taking over the management and operation of the bank through force, violence and intimidation.

• A lawyer’s duty is not to his client but to the administration of justice.


Rule 15.07Nicanor Gonzales and Salud B.

Pantanosas vs. Atty. Miguel Sabacajan, A.C. No. 4380 October 13, 1995

• He unjustly refused to give to Gonzales and Pantanosas their certificates of titles supposedly to enforce payment of their alleged financial obligations to his client and presumably to impress his client of his power to do so.


Rule 15.08 A lawyer who is engaged in another

profession or occupation concurrently with the practice of law

shall make clear to


his client whether he is

acting as alawyer or in another capacity.


FIDUCIARY DUTY

♦is the principle that attorney derives no undue

advantage that may operate to the prejudice or cause an

occasion for loss of a client.


CANON 16 A LAWYER SHALL

AND PROPERTIES OF HIS CLIENT THAT MAY

COME INTO HIS POSSESSION.

IN TRUST

ALL MONEYSHOLD


CANON 16I1) ARELLANO UNIVERSITY, INC. VS.

MIJARES III, A.C. No. 8380, 20 November 2009

♦If not used, a lawyer must return the money or property immediately to his client upon demand, otherwise the lawyer shall be presumed to have misappropriated the same in violation of the trust reposed on him. A lawyer’s conversion of funds entrusted to him is a gross violation of professional ethics.


CANON 16♦After agreeing to take up the cause

of a client, a lawyer owes fidelity to both cause and client, even if the client never paid any fee for the attorney-client relationship. Lawyering is not a business; it is a profession in which duty to public service, not money, is the primary consideration.

2) ADRIMISIN VS. JAVIER, A.C. No. 2591, 08 September 2006;3) BURBE VS. MAGULTA, AC No. 99-634, 10 June 2002.


CANON 164) ESPIRITU VS.ULEP, A.C. No. 5808, 04 May 2005

♦The relation between attorney and client is highly fiduciary in nature. Being such, it requires utmost good faith, loyalty, fidelity and disinterestedness on the part of the attorney. Its fiduciary nature is intended for the protection of the client.


CANON 16II1) ANGALAN VS. DELANTE ,

A.C. No. 7181, 06 February 2009

♦The Court stated that a person who took the 8.102-hectare property of his illiterate clients and who is incapable of telling the truth is unfit to be a lawyer.


CANON 162) HERNANDEZ VS. GO, A.C. No. 1526, 31 January 2005

♦Respondent’s acts of acquiring for himself complainant’s lots entrusted to him are, by any standard, acts constituting gross misconduct, a grievous wrong, a forbidden act, a dereliction in duty, willful in character, and implies a wrongful intent and not mere error in judgment.


Rule 16.01 A lawyer shall

for all money or property collected or

received for or from the client.

account


A lawyer shall deliver the funds and property of his client when due or upon demand.

He shall also have a lien to the same extent on all judgments and

executions he has secured for his client as provided for in the

Rules of Court.

However, he shall have a lien over the funds and may apply so much thereof as

may be necessary to satisfy his lawful fees and disbursements, giving notice promptly

thereafter to his client.

Rule 16.03


Rule 16.01 1) OVERGAARD VS. VALDEZ, A.C. No. 7902 , 30 September 2008

♦The respondent demonstrated not only appalling indifference and lack of responsibility to the courts and his client but also a wanton disregard for his duties as a lawyer. It is deplorable that members of the bar, such as the respondent, betray not only the trust of their client, but also public trust.


Rules 16.01 and 16.03 ♦When a lawyer receives money from the client for a particular purpose, the lawyer is bound to render an accounting to the client showing that the money was spent for the intended purpose. Consequently, if the lawyer does not use the money for the intended purpose, the lawyer

must immediately return the money to the client.

2) BAYONLA VS. REYES, A.C. No. 4808, 22 November 2011;3) MENESES VS. MACALINO, A.C. No. 6651, 27 February 2006; 4) VILLANUEVA VS. GONZALES, A.C. No. 7657, 12 February 2008.


Rules 16.01 and 16.03 5) ALMENDAREZ, JR. VS. LANGIT, A.C. No. 7057, 25 July 2006

♦A lawyer is not entitled to unilaterally appropriate his client's money for himself by the mere fact that the client owes him attorney's fees. In this case, respondent did not even seek to prove the existence of any lien, or any other right that he had to retain the money.

Chapter IV: The Lawyer and The ClientRule 16.02

A lawyer shall keep the funds of each clientseparate and apart

from his own and those of others kept

by him.


Rule 16.02 VELEZ VS. DE VERA, A.C. No. 6697, 25 July 2006

♦Atty. de Vera's act of holding on to his client's money without the latter’s acquiescence is a conduct indicative of lack of integrity and propriety. It is clear that he, by depositing the check in his own account and using the same for his own benefit, is guilty of deceit, malpractice, gross misconduct and unethical behavior.


A lawyer shall not borrow money from

except, when in the interest of justice, he has to advance

necessary expenses in a legal matter he is handling for the

client.

his clientunless the client’s interestsare fully protected by the nature of the case or by independent advice.

Neither shall a lawyer lend money to a client

Rule 16.04


Rule 16.04 FRIAS VS. LOZADA, A.C. No. 6656, 13 December 2005

♦A lawyer’s act of asking a client for a loan, as what respondent did, is very unethical. It comes within those acts considered as abuse of client’s confidence. The canon presumes that the client is disadvantaged by the lawyer’s abilityto use all the legal maneuverings to renege on her obligation.


CANON 17 A LAWYER OWES

TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND

CONFIDENCE REPOSED IN HIM.

FIDELITY


CANON 17 1) EMILIANO COURT TOWNHOUSES HOMEOWNERS ASSOCIATION

VS. DIONEDA, A.C. No. 5162, 20 March 2003

♦Public interest demands that an attorney exert his best efforts and ability to preserve his client's cause, for the unwavering loyalty displayed to his client likewise serves the ends of justice.


CANON 17 2) BELLEZA VS. MACASA,A.C. No. 7815, 23 July 2009

♦A lawyer who accepts the cause of a client commits to devote himself (particularly his time, knowledge, skills and effort) to such cause. He must be ever mindful of the trust and confidence reposed in him, constantly striving to be worthy thereof.

A LAWYER SHALLSERVEHIS CLIENT WITH

COMPETENCE

ANDDILIGENCE

CANON 18


service which he knows or should know that he is not qualified to render.

Rule 18.01 A lawyer shall not undertake a legal

However, he may render service, if with the consent of his clients, he can obtain as collaborating counsel a lawyer who is competent on the matter.


•Ramos vs ImbangRespondent’s conduct in office fell short of the

integrity and good moral character required of all lawyers, specially one occupying a public office. Lawyers in public office are expected not only to refrain from any act or omission which tend to

lessen the trust and cofidence of the citizenry in government but also uphold the dignity of the

legal profession at all times and observe a high standard of honesty and fair dealing. A

government lawyer is a keeper of public faith and is burdened with a high degree of social

responsibility, higher than his brethren in private practice.


Rule 18.02 A lawyer shallnot handle any

legal matter

without adequatepreparation.


•Pariñas vs PaguintoA lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him.

He shall serve his client with competence and diligence, and his duty of entire devotion to his client’s cause not

only requires, but entitles him to employ every honorable means to secure for the client what is justly due him or to

present every defense provided by law to enable the latter’s cause to succeed. An attorney’s duty to safeguard the client’s interests commences from his retainer until

his effective release from the case or the final disposition of the whole subject matter of the litigation. During that period, he is expected to take such reasonable steps and such ordinary care as his client’s interests may require.


•Talento vs PanedaA lawyer engaged to represent a client in a case bears the responsibility of protecting

the latter’s interest with utmost diligence. It is the duty of a lawyer to serve his client with competence and diligence and he should exert his best efforts to protect,

within the bounds of law, the interest of his client. It is not enough that a practitioner is qualified to handle a legal matter, he is also required to prepare adequately and give the

appropriate attention to his legal work.


Rule 18.03 A lawyer shallnot negl

ecta legal

matter

entrusted to himhis negligence in

connection therewith shall render him liable.

, and



respond within a

keep

the clientInformed of the status of his case and shallreasonable time

to theclient’s request for

information.


•Gone vs GaIt is that a lawyer is not obliged to act as counsel

for every person who may wish to become his client. He has the right to decline employment

subject however, to the provision of Canon 14 of the code of professional reponsibility. Once he agrees to take up the cause of a client, he owes

fidelity to such cause and must always be mindful of the trust and confidence reposed in him.

Failure to communicate with his client deliberately disregarding its request for an audience or

conference is an unjustifiable denial of its right to be fully informed of the developments of in and

the status of its case.


•Solidon vs Macaladlad

A lawyer so engaged to represent a client bears the responsibility of protecting the

latter’s interest with utmost diligence. The lawyer bears the duty to serve his client with competence and diligence, and to exert his best efforts to protect, within the bounds of

law, the interest of his or her client. Accordingly, competence not only in the

knowledge of law, but also in the management of the cases by giving these cases appropriate

attention and due preparation, is expected from a lawyer.


•Conlu vs Aredonia

This duty includes not merely reviewing the cases entrusted to the counsel’s care and giving the client sound legal advice, but also properly represent the

client in court, attending scheduled hearings, preparing and filing required pleadings, prosecuting

the handled cases with reasonable dispatch and urging termination without awaiting for the client or

the court to prod him or her to do so. The lawyer should not be sitting idly by and leave the rights of

the client in a state of uncertainty.

The failure to file brief resulting in the dismissal of an appeal constitutes inexcusable negligence.


•Sarenas-Ochagabia vs Ocampos

A client is entitled to the benefit of any and every remedy and defense that is authorized by the law and expects his lawyer to assert every

such remedy or defense



•Dalisay vs Mauricio

Acceptance of Attorney’s fees is a form of agreeing with the

Attorney-Client relationship. When a lawyer

takes a client’s cause, he covenants that he will exercise due diligence in

protectingthe client’s rights.

CANON 19

A LAWYER SHALL REPRESENT HIS

CLIENTWITH ZEAL WITHIN THE

BOUNDS OF LAW



means to attain the lawful

employ only fair andhonestobjectives of his client and

shallnotpresent, participate in presentingor threaten to present

criminal charges to obtainin improper advantage in any case or proceeding.

unfounded


•Pena vs Aparicio•Millare vs Montero


Rule 19.02 A lawyer who has

that his client has,

receivedinformation

the representation,

in the courseofperpetrated a fraud

the relationship with such client in accordance with the rules of court.

upon a person or tribunal, shall promptly call upon the client torectif

ythe same,

and failing which he shall terminate



handling the case.

not allowhis clientto dictat

ethe procedure on


•RBCI vs Florido

A lawyer’s duty is not to his client but to the administration of justice. To that end, his client’s success is wholly subordinate. His conduct ought to and must always be

scrupulously observant of the law and ethics. Any means, not honorable, fair, and honest which is resorted to by the

lawyer, even in the pursuit if his devotion to his client’s cause, is condemnable and

unethical.


Chapter IV: The Lawyer and The ClientCANON 20

A LAWYER SHALL CHARGE ONLY

FAIR AND REASONABLE

FEES.


A. Requisites for the right to accrue attorney’s fees:

1. Existence of attorney – client relationship;2. Rendition by the lawyer of services to the client.

B. Who is liable for attorney’s fees?

Gen. Rule: Only the client who engaged the services of counsel either personally or through an authorized agent is liable for the attorney’s fees.

Exception: EQUITABLE PR INCIPLE. A person who accepts the benefit of legal representation impliedly agrees to pay the lawyer’s services for he cannot unjustly enrich himself at the expense of the lawyer.


Two (2) Concepts of Attorney’s Fees:ORDINARY CONCEPT

EXTRAORDINARY CONCEPT

1. Definition

•Reasonable compensation paid to a lawyer by his client for the legal services he has rendered to the latter.

•Amount of damages which the court may award to be paid by the losing party to the prevailing party.

2. Basis •Fact of employment by the client.

•Any of the cases authorized by law and is payable to the client not to the lawyer – unless they have agreed that the award shall pertain to the lawyer as additional compensation or as part thereof.

Chapter IV: The Lawyer and The ClientCONTIGENT FEE

•An agreement in the contract whereby the fee, usually a fixed percentage is made to depend on the success of the action.

•A lawyer may properly charge a higher fee for his legal services since he assumes the risk of not getting paid for his services.


1. VALENTIN C. MIRANDA v. ATTY. MACARIO D. CARPIO, A.C. No. 6281, 26 September 2011

2. VALERIANA DALISAY v. ATTY. MELANIO ‘BATAS’ MAURICIO,A.C. No. 5655, April 22, 2005

3. ATTY. ROXAS, ET AL., v. DE ZUZUARREGUI, JRDE ZUZUARREGUI v. NHAG.R. No. 152104, January 31, 2006

4. LUZVIMINDA LIJAUCO v. ATTY. ROGELIO TERRADOA.C. No. 6317, August 31, 2006

Chapter IV: The Lawyer and The ClientCANON 201. VALENTIN C. MIRANDA v. ATTY. MACARIO D. CARPIO, A.C. No. 6281, 26 September 2011

• Atty. Carpio collected exorbitant fees from the complainant. It is highly improper for a lawyer to impose additional professional fees upon his client which were never mentioned nor agreed upon at the time of the engagement of his services.

• Respondent was SUSPENDED from the practice of law for a period of six(6) months.


2. VALERIANA DALISAY v. ATTY. MELANIO ‘BATAS’ MAURICIO,A.C. No. 5655, April 22, 2005 • Respondent collected from the complainant exorbitant fee. Atty. Mauricio did not take any step to assist complainant in her case, charging, P56, 000 is improper. While giving legal advice and opinion on complainant’s problem and those of her family constitutes legal advice, however, the attorney’s fee must be reasonable. Obviously, P56, 000 is exorbitant.

• Respondent was found GUILTY of Malpractice and Gross Misconduct for violating Canons 17, 18, Rule 18.03 and Canon 20 of the CPR and the Lawyer’s Oath.


• Attys. Roxas and Pastor received an amount which was equal to 44% of the just compensation paid (including the yield of the bonds) by the NHA to the Zuzuarreguis, or an amount equivalent to P23, 980, 000 of the P54, 5000,000. The 44% is undeniably, unconscionable and excessive under the circumstances. It’s reduction is, therefore, in order.

• Petitioners were ordered to return to the Zuzuarreguis the amount of P17, 073, 224. 84.

3. ATTY. ROXAS, ET AL., v. DE ZUZUARREGUI, JRDE ZUZUARREGUI v. NHAG.R. No. 152104, January 31, 2006


4. LUZVIMINDA LIJAUCO v. ATTY. ROGELIO TERRADOA.C. No. 6317, August 31, 2006

• Respondent’s claim that the attorney’s fees pertains only to the recovery of complainant’s savings deposit from Planters Development Bank cannot be sustained. The fee of P70,000 for legal assistance in the recovery of the deposit amounting P180,000 is unreasonable.


Rule 20.01. A lawyer shall be guided by the ff. factors in determining his fees:

a. Time spent and the extent of the services rendered or required;

b. Novelty and difficulty of the questions involved;

c. Importance of the subject matter;

d. Skill demanded;

e. Probability of losing other employment as a result of acceptance of the proffered case;

f. Customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;

g. Amount involved in the controversy and the benefits resulting to the client from the service;

h. Character of the employment, whether occasional or established; and

i. Professional standing of the lawyer.


PRINCIPLE OF QUANTUM MERUIT

1. Concept:• “As much as he deserved”

• Legal mechanism in legal ethics which prevents an unscrupulous client from running away with the fruits of the legal services of a counsel without paying therefore.

• It is in line with the fundamental principle against enrichment at the expense of the other.


PRINCIPLE OF QUANTUM MERUIT

2. Application:

1. When no express contract for payment of attorney’s fees between the attorney and client.

2. There’s a formal contract for attorney’s fees but found unconscionable or unreasonable by the court.

3. The attorney’s fees is void due to formal matters or defects of execution.

4. When the counsel, for justifiable cause, was not able to finish the case to its conclusion.

5. When the lawyer and the client disregard the contract for attorney’s fees.


I.

1. GARCIA v. ATTY. ROLANDO BALA A.C. No. 5039, November 25, 2005

2. CONCEPT PLACEMENT RESOURCES, INC., v. ATTY. FUNK G.R. No. 137680, February 6, 2004

II.

3. DOY MERCANTILE INC., v. AMA COMPUTER COLLEGEG.R. No. 155311, March 31, 2004


I. 1.GARCIA v. ATTY. ROLANDO BALA A.C. No. 5039, November 25, 2005

• The legal fees were not commensurate to the services rendered by the respondent. His legal services were too insignificant for remuneration because of the useless remedy he took.

• Respondent was ordered to return to complainants P9,200 with legal interest and was held guilty of negligence and conduct unbecoming of a lawyer and suspended from the practice of six (6) months.


• Respondent did not encounter any difficulty in representing petitioner. The complaint against it was dismissed with prejudice. All that respondent did was to prepare the answer with counterclaim and possibly petitioner’s position paper.

• Considering respondent’s limited legal services and the case involved is not complicated the award of P50,000 as attorney’s fees is a bit excessive.

• Respondent is only entitled to P10, 000 attorney’s fees considering that the case involved was not complicated.

2. CONCEPT PLACEMENT RESOURCES, INC., v. ATTY. FUNKG.R. No. 137680, February 6, 2004


II. DOY MERCANTILE INC., v. AMA COMPUTER COLLEGE G.R. No. 155311, March 31, 20o4

•Courts are not bound to consider all the factors listed in Rule 138 of the Rules of Court and Rule 20.01 of the CPR in fixing attorney’s fees. They are mere guides in ascertaining the real value of the lawyer’s service.


A lawyer shall, in case of referral, with the consent of the client, be entitled to

a division of fees in proportion to the work

performed and responsibility assumed.


1.Lawyer – Referral System.

Designed to aid individuals who are able to pay fees but need assistance in locating lawyers competent to handle their particular problems.

2. Fees of Collaborating Counsel:

a. No express agreement as to attorney’s fees:

- The collaborating counsel will receive AF’s in proportion to the work done and responsibility assumed.

b. In case of disagreement:

- The court may fix the proportional division of fees.


3.Division of Fee.

- Single billing to a client covering the fee of 2 or more lawyers who not in the same firm.


A lawyer shall not, without the full knowledge and consent of the

client, accept any fee, reward, costs, commission, interest,

rebate or forwarding allowance or other compensation whatsoever related to his

professional employment from anyone other than the client.


Gen. Rule:

A lawyer shall not accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation related to his professional employment from anyone other than the client.

Exception:

1. The client has full knowledge;2. The client has given its consent.

• The lawyer reasonably believes that the client’s best interest will not be adversely affected.


A lawyer shall avoid controversies with clients

concerning his compensation and shall resort to judicial action

only to prevent imposition, injustice and

fraud.


Gen. Rule:

A lawyer should avoid the filing of any case against clients for the enforcement of his attorney’s fees.

Exception:• To prevent:

a. impositionb. injusticec. fraud


1. FEDERICO N. RAMOS v. ATTY.PATRICIO A. NGASEO,A.C. No. 6210, December 9, 2004

2. ALEX B. CUETO v. ATTY. JOSE B. JIMENEZ, JR., A.C. No. 5798, January 3, 2005


• When complainant received a demand letter from the respondent asking for the delivery of the 1, 000 sq. m. piece of land which he allegedly promised as payment for respondent’s appearance fee. In the same letter, respondent also threatened to file a case in court if the complainant would not confer with him and settle the matter within 30 days.

• Respondent was found GUILTY of conduct unbecoming of a member of the legal profession in violation of Rule 20.04 of Canon 20 of the CPR.

1. FEDERICO N. RAMOS v. ATTY.PATRICIO A. NGASEO,A.C. No. 6210, December 9, 2004


2. ALEX B. CUETO v. ATTY. JOSE B. JIMENEZ, JR., A.C. No. 5798, January 3, 2005

• Atty. Jose Jimenez filed a criminal case for violation of BP 22 against complainant (when the check representing the P20, 000 balance for his notarization fee was dishonored for insufficient funds) was highly improper.

• Respondent Jimenez was severely Reprimanded for violating Canon 20 Rule 20.04 of the CPR.


A LAWYER SHALL PRESERVE THE

CONFIDENCES AND SECRETS OF HIS CLIENT

EVEN AFTER THE ATTORNEY – CLIENT

RELATION IS TERMINATED.


ATTORNEY – CLIENT PRIVILEGE

• It is the client’s privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between him and his attorney.

• This privilege belongs to the client, therefore, only the client may waived it.


1. Gen. Rule: Lawyer – Client confidentiality rule is

perpetual.

Exception: Those provided in Rule 21.01.

2. Requisites:

1. A – C relationship exists at the time communication was made;2. Confidential communication was made to the lawyer in his professional capacity;3. The information was intended to be confidential.


1. GENATO v. SILAPAN,406 SCRA 75, July 14, 2003

2. SAMALA v. ATTY. VALENCIA, A.C. No. 5439, January 22, 2007

3. ROSACIO v. ATTY. BULALACAO, A.C. No. 3745, October 2, 1995


1. GENATO v. SILAPAN,406 SCRA 75, July 14, 2003

• The disclosure were not indispensable to protect his rights as they were not pertinent to the foreclosure case.

• It was improper for the respondent to use it against the complainant in the foreclosure case as it was not the subject matter of litigation therein and respondent’s professional competence and legal advice were not being attacked in said case.


2. SAMALA v. ATTY. VALENCIA, A.C. No. 5439, January 22, 2007

• Respondent was warned to refrain from repeating the act of being counsel of record of both parties in Civil Case No. 95 – 105 – MK.


3. ROSACIO v. ATTY. BULALACAO, A.C. No. 3745, October 2, 1995

• Respondent breached his oath of office for representing the employees of his former client, Tacma, Phils., after the termination of their attorney – client relationship.

Chapter IV: The Lawyer and The ClientRule 21.o1

A lawyer shall not reveal the confidence or secrets of his client except:

a. When authorized by the client after acquainting him of the consequences of the disclosure;

b. When required by law;

c. When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.


1. ALCANTARA, ET AL., v. ATTY. DE VERAA.C. No. 585, November 23, 2010

• Respondent filed cases against his former client involved matters and information acquired by him during the time when he was still Rosario’s counsel. These information which have been the basis of the case he filed were acquired through the A – C Relationship.


A lawyer shall not, to the disadvantage of his client,

use information in the course of employment, nor shall he use

the same to his own advantage or that of a third person, unless the client with

full knowledge of the circumstances consents

thereto.


Gen. Rule:A lawyer who acquired information from the client in the course of his legal employment, is prohibited from making use of such information, whether privileged or not, to the:

a. disadvantage of his client;b. lawyer’s own advantage;c. advantage of a 3rd person.

Exception:If the client with full knowledge of the circumstances consents to the use thereof.

• Exception to the exception:Matters of unprivileged information.


1. HADJULA v. ATTY. MANDIANDAA.C. No. 6711, JULY 3, 2007

• The documents shown and the information revealed in confidence to the respondent in the course of legal consultation in question, were used as bases in the criminal and administrative complaints lodged against the complainant.


A lawyer shall not, without the written consent of his client,

give information from his files to an outside agency seeking such information for auditing,

statistical, bookkeeping, accounting, data processing, or

any similar purpose.


Gen. Rule:

A lawyer shall not give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping , accounting, data processing, or any similar purpose.

Exception:

If the client gives his written consent.


1. PEOPLE v. SY JUCO, ATTY. REMO, 64 Phil 667

• The court could not and not order the opening of the art metal filing cabinet because, it having been proven that it belongs to the appellant attorney and that in it he keeps records and documents of his clients, to do so would be in violation of his rights as such attorney, since it would tantamount to compelling him to disclose or divulge facts or things belonging to his clients, which should be kept secret, unless he is authorized by them to make such disclosure, it being a duty imposed by law upon an attorney to strictly preserve the secrets or communications made to him.


A lawyer may disclose the affairs of a client of the firm to

partners or associates thereof unless prohibited by

the client.


Gen. Rule:

•A lawyer may disclose the affairs of a client of the firm to partners or associates thereof.

Exception:

•When prohibited by the client.


A lawyer shall adopt such measures as may be

required to prevent those whose services are utilized by him, from disclosing or

using confidences or secrets of the clients.


1. Duty of the lawyer to prevent leakage of client’s confidence and secrets.

2. Report of the IBP Committee, p. 119

The lawyer is obliged to exercise care in selecting and training his employees so that the sanctity of all confidences and secrets of his clients may be preserved.


A lawyer shall avoid indiscreet

conversation about a clients affairs even

with members of the family.


•Under this rule, a lawyer should avoid committing calculated indiscretion that is accidental revelation of secrets obtained in his professional employment.


A lawyer not reveal

that he has been consulted about a

particular case except to avoid

possible conflict of interest.


Gen. Rule:

A lawyer shall not reveal that he has been consulted about a particular case.

Exception:

To avoid possible conflict of interest.


1. DAVID v. FRANCISCO, 84 Phil 569

• The necessity of setting down the existence of the bare relationship of attorney and client as the yard stick for testing incompatibility of interests. This stern rule is designed not alone to prevent the dishonest practitioner from fraudulent conduct, but as well to protect the honest lawyer from unfounded suspicion of unprofessional practice.

A LAWYER SHALL


CANON 22

APPROPRIATE

WITHDRAWHIS SERVICESONLY FORGOOD CAUSE AND

UPONNOTICEIN THE

CIRTUMSTANCES.

FELICISIMO M. MONTANO, complainant,

vs. INTEGRATED BAR of the PHILIPPINES AND Atty. JUAN

S. DEALCA, respondents[A.C. No. 4215. May 21, 2001]


A lawyer may withdraw his services in any of the following cases:

a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;

b) When the client insists that the lawyer pursue conduct violative of these canons and rules;


c) When his inability to work with co-counsel will not promote the best interest of the client;

d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;

e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;


f) When the lawyer is elected or appointed to public office; and

g) Other similar cases.


ANGELITA C. ORCINO, complainant, vs. ATTY.

JOSUE GASPAR, respondent[A.C. No. 3773. September 24,

1997]

Eliza V. Venterez, Genaro de Vera, Inocencia V. Ramirez, Pacita V. Mills, Antonina V. Palma and

Ramon de Vera vs. Atty. Rodrigo R. Cosme


A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and

shall cooperate with his successor in the orderly transfer of the matter,

including all information necessary for the proper handling of the matter.


ELMER CANOY, complainant, vs. ATTY. JOSE MAX ORTIZ, respondent

[A. C. No. 5485. March 16, 2005]


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