Ateneo De Davao University College of Law Professional Responsibility of a Criminal Defense Lawyer A Legal Profession Paper Group 3 Bush

Jetro Guian Meng R. Cuaterno

Submitted to: Atty. Risonar October 24, 2012

CONTENTS
Introduction ..................................................................................................................................... 1 Objective ......................................................................................................................................... 1 Background ..................................................................................................................................... 1 Profession: Definition and Duty .................................................................................................. 2 Practice of Law as a Profession ................................................................................................... 2 History of Practice of Law in the Philippines and Prestige in the Profession ............................. 2 Ethics in the legal profession, Duties and Privileges of a lawyer................................................ 3 Ethics in the Legal Profession ..................................................................................................... 3 Practice of Law Today................................................................................................................. 4 Possible Grey Area ...................................................................................................................... 4 To Deceive the Court or Betray the Confidential Communications of the Client .......................... 4 The Three Hardest Questions ...................................................................................................... 4 Groups Opinion ............................................................................................................................. 5 It Should not be Done for Money ................................................................................................ 7 Conclusion ...................................................................................................................................... 7 Works Cited .................................................................................................................................... 9 Attachements: ............................................................................................................................... 10

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INTRODUCTION
Profession refers to a group of men pursuing a learned art as a common calling in the spirit of public service (Villareal, 2002). Practice of law, as a profession is any activity, in and out of court, which requires the application of law, legal procedure, knowledge, training and experience (Cayetano v Monsod, 1991). A need of a set of rules to govern the conduct of the legal profession arises because of the growing complexities in the conduct of the legal profession. The Code of Professional Responsibility is a law which governs the said conduct. In sum, it provides guidelines that a lawyer should observe in his profession. It also provides the lawyers duties, which are duties to the court, client, profession, and the society. Today, the legal profession is plagued with criticisms. Stereotypes tend to criticize lawyers with respect to how they conduct their profession. Common in the criticisms are those related to criminal cases wherein lawyers tend to do everything, even unethically, to win the case of his client. This is where the problem lies. Although the Code of Professional Responsibility already states that the duty to the courts is the supreme duty among the other duties, it is not clear on whether the lawyer should give up the other duties for its duty to the courts, or up to what extent of the other duties should the lawyer sacrifice to uphold his duty to the courts. It would be impossible to tackle all the possible conflicts on the duties of the lawyer because of time constraints. The group decided to use Freedmans questions to attain its objective. Freedmans paper provides the 3 hardest questions in criminal defense. The questions are: 1. Is it proper to cross examine for the purpose of discrediting the reliability or credibility of an adverse witness whom you know to be telling the truth? 2. Is it proper to put a witness on the stand when you know he will commit perjury? 3. Is it proper to give your client legal advice when you have reason to believe that the knowledge you give him will tempt him to commit perjury. The group conducted interviews on several lawyers and gathered answers in relation to Freedmans questions. Surprisingly, there is no definite take on the issues.

OBJECTIVE
The purpose of this paper is not to provide a framework in resolving conflicts arising from the duties of a lawyer nor to answer and defend the groups opinion on Freedmans questions. The purpose is to inform the people that there are still grey areas regarding the duties of the lawyers

BACKGROUND
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PROFESSION: DEFINITION AND DUTY

Villareal states that profession refers to a group of men pursuing a learned art as a common calling in the spirit of public service (Villareal, 2002). Coquia, in his book, provided that the attributes of a profession are learned art 1 , organization, and dedication to public service. He claims that all true professional men recognize that they owe a duty to their profession. That duty includes but is not limited to a continuing professional education, provide services to those who are in need, and comply with the codes of ethics and to realize the problems that are involved (Coquia, 2003).

PRACTICE OF LAW AS A PROFESSION

Practice of law is defined as any activity, in and out of court, which requires the application of law, legal procedure, knowledge, training and experience (Cayetano v Monsod, 1991). According to Villareal, the practice of law is a profession, a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character. He further states that the legal profession is a branch of the administration of justice whose main purpose is to aid in the doing of justice according to law between state and the individual and between man and man (Villareal, 2002). It can be inferred therefore that, because practice of law is considered as a profession, it shares the same attributes of a profession in general. This means that it includes complying with the codes of ethics and to realize the problems that are involved. It also includes good moral character.

HISTORY OF PRACTICE OF LAW IN THE PHILIPPINES AND PRESTIGE IN THE PROFESSION

The books of Rodriguez and Coquia are very descriptive in the terms of the history of the legal profession and education in the Philippines. It was claimed that the advocacy was first instituted in 1680 by the laws of the indies. Thereafter, lawyers were regulated by laws and decrees from the Spanish period up to the Philippine independence (Villareal, 2002). Throughout the entire years of the practice of law, even in the Philippines, the legal profession is considered to have prestige. Villareal even describes it as one of the noblest, if not the noblest profession in the world. Lawyers are being looked up to by the community with high esteem. They are regarded as leaders of the community, or someone whom they can ask for help or support. As a matter of fact, in the Philippines, most of the national and local leaders come from the legal profession. This prestige also makes every family desirous of having a lawyer in the

The concept of learned professions developed during the middle ages. It came in with the rise of the universities. They had a faculty of arts, and a faculty of theology, law and medicine. Teachers, church officials, lawyers, and physicians received prolonged formal training, and after they had completed these training, they constituted a class apart. Since that time, there has been a consistent viewpoint that training is necessary to admission in a learned profession, and that the professions are based on an intellectual technique. (Coquia, 2003)

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clan. There are even some who already have one or few lawyers in the family, but still would want to have another member to be a lawyer (Villareal, 2002).

ETHICS IN THE LEGAL PROFESSION, DUTIES AND PRIVILEGES OF A LAWYER 2

Villareal provides that the duties of a lawyer may be classified into four, these are; his duties towards the courts, society, his colleagues in the profession, and to his client. Under Section 20 of Rule 138, the following are the duties of a lawyer: 1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines 2. To observe and maintain the respect due to the courts of justice and judicial officers 3. To counsel and maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact of law 5. To maintain inviolate the confidence, and at every effort to himself, to preserve the secrets of his client, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval 6. To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by justice of the cause with which he is charged 7. Not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause from any corrupt motive or interest. These duties are to be strictly followed and that violation thereof is a cause of administrative liability.

ETHICS IN THE LEGAL PROFESSION

Rodriguez states that the term legal ethics can be traced from the words Greek words ethikos, which means pertaining to custom, and ethos which refers to character. It is also relative to the term morality which is derived from the Latin term mores, which refers to character or custom and habit. Rodriguez concluded that legal ethics in the legal profession can be defined as usages and customs among members of the legal profession, involving their moral and professional duties toward one another, toward clients, and toward the courts. Rodriguez further states that it is a branch of moral science which treats of the duties which a member of the legal profession owes to the public3, to the court, to the professional brethren, and to his client (Rodriguez, 2004).

2 3

(Supreme Court of the Philippines, 1997) Villareal states this as a duty to the society in his book (Villareal, 2002)

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Ethical to one lawyer can be unethical to another. This can be inferred from the definition of Rodriguez that ethics can be subjective. To act as guidelines, the Code of Professional Responsibility (see attached) provides for the guidelines that a lawyer should observe.

PRACTICE OF LAW TODAY

Currently, the prestige attached to being a lawyer is diminishing. This is because of several instances wherein some lawyers fail to follow ethics, and forget their duties. These instances lead to stereotyping. Stereotypes would commonly say that lawyers are liars. They claim that lawyers tend to justify what is wrong or bend what is right. Although stereotyping is present in civil and administrative cases, it is most very common in criminal cases wherein an accused that is guilty is acquitted or an accused that is innocent is convicted because of the tactics applied by their lawyers.

POSSIBLE GREY AREA

To some lawyers, application of all the tactics to defend his client is valid. It is upon the guard of the other counsel to counter the position of the other. To some it is invalid; lawyers should play strictly on the rules. Identifying what is and what is not true to what stereotypes believe can be useless but trying to identify the source of the problem can be fruitful. Although the Code of Professional Responsibility (see attached) provides the rules on what or what not to do, it is still not provided on whether the lawyer should give up the other duties for its duty to the courts, or up to what extent of the other duties should the lawyer sacrifice to uphold his duty to the courts. Based from the responses from the interviews conducted by the group, half, in effect says it is the look out of the other counsel 4 , half thinks otherwise. The group concludes that this is a possible grey area.

TO DECEIVE THE COURT OR BETRAY THE CONFIDENTIAL COMMUNICATIONS OF THE CLIENT

THE THREE HARDEST QUESTIONS 5
It would be impossible to cover every instance wherein a lawyer is torn between his duties. Because of several constraints, the group focused on the Freedmans 3 most difficult questions.

4 5

The group believes that impliedly, it is an affirmative answer to do all the tactics necessary to win the case (Freedman, 1966)

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Freedman, in his paper, provided 3 difficult issues regarding the professional responsibility of the criminal defense lawyer. These are: 4. Is it proper to cross examine for the purpose of discrediting the reliability or credibility of an adverse witness whom you know to be telling the truth? 5. Is it proper to put a witness on the stand when you know he will commit perjury? 6. Is it proper to give your client legal advice when you have reason to believe that the knowledge you give him will tempt him to commit perjury.

GROUPS OPINION
Is it proper to cross-examine for the purpose of discrediting the reliability or credibility of an adverse witness whom you know to tell the truth? We answer in the affirmative. It is the sole duty of the lawyer to protect the interest of his client. Cross-examining the witness of the adverse party to discredit his character and or reputation ipso facto upholds his moral responsibility to advance the legal rights of his client. Also, it is the job of the opposing counsel to defend the rights and should use all legal means to promote the rights of his client. Verily, a lawyer should conduct oneself according to the best of his knowledge and discretion, with all good fidelity as to his clients as ascribed in the lawyers oath. A lawyers work is not a walk in the park; it entails a comprehensive knowledge of the law and panoptic trial court experience. Court procedures such as testing the credibility of the witness falls within the ambit of a duty of a lawyer to his client, this is where the true experienced trial lawyer is distinguished from an ordinary or novice lawyer. Experienced trial lawyers lure the witness of the adverse party to work on the advantage of his clients rights or interest without using any machinations or ploy repugnant to the law of the land. Wherever, novice trial lawyers are most likely to perform a little less due to paucity in trial court experience. There is no secret in an experienced trial practice since it is honed over the years exacting passion and wisdom of the law. Moreover, Section 1 Article III of the 1987 Constitution states, No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. The duty of examining a witness falls in the said proviso due to the fact that all persons are entitled to the equal protection of the laws. No right of any person shall be trifled upon without having the opportunity to be protected by the law itself. This is where lawyers come in; they are the vanguard of the peoples rights enshrined in the highest law of the land, the Constitution. It is beyond cavil that lawyers protect, defend and advance the rights of a person on his life, liberty and property. Furthermore, the moral duty of a lawyer to his client is beyond question. The client expects that his constitutional right is protected at all times. Even when the case is not working on their advantage, no lawyer would abandon his services to his client because time and again it is his Ateneo De Davao University College of Law |Legal Profession - Group Three 5

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moral obligation to uphold the rights of his client. The sacred duty of this profession calls for the highest character and noblest genius of a person to defend ones legal interest and right. Is it proper to put a witness on the stand when you know he will commit perjury? Perjury is defined as the act of (1) falsely testifying under oath in a proceeding other than a criminal or civil case; and (2) making a false affidavit before a person authorized to administer an oath on any material matter where the law requires an oath. The Philippine Revised Penal Code penalizes any person guilty of perjury of imprisonment for 4 years as maximum penalty. Despite this prohibition and accompanying penalty the proceedings in the judiciary in the Philippine setting has been tainted with fraud employed by either the witnesses themselves or the lawyers who procure these witnesses. Over the years, it has been the earnest effort of the Philippine Judiciary with the support of the Integrated Bar of the Philippines to thwart if not completely eradicate fraud or perjury in court proceedings. These efforts have succeeded, although not totally, in lessening perjury cases and other fraudulent tactics in the trial of criminal cases as well as those of a civil in nature. Needless to say, there is still much to be done if the integrity of the judicial system should be protected. In his paper on professional responsibility of criminal defense lawyers, Monroe H. Freedman cited this question: Is it proper to put a witness on the stand when you know he will commit perjury? The question presents serious difficulties with respect to a lawyers ethical responsibilities. The lawyer is as good as the witnesses he produces and the quality of the evidence or testimonies he presents. It is his professional responsibility to see to it that the client he represents gets a fair trial. This principle however does not give the lawyer the license to employ tactics that heavily favors his client. It does accord the lawyer the ability to circumvent the rules on procedure nor go beyond what is required by law in order that his client escapes conviction. The duty to prevent a witness from employing perjury is therefore personal to the lawyer. His ethical and moral considerations will play an important role in determining what course of action he will take without depriving his client due process. Freedman offers ways to confront this ethical issue. First would be for the lawyer to withdraw from the case if there is sufficient time before trial for the client to retain another attorney. However this method is double edged since the new attorney will be ignorant of the perjury and he will not be in a position to discourage the client from presenting it. Second would be for the lawyer to approach the bench, explain his ethical difficulty to the judge, and ask to be relieved, thereby causing a mistrial. This request is certain to be denied, if only because it would empower the defendant to cause a series of mistrials in the same fashion. At this point, some feel that the lawyer has avoided the ethical problem and can put the defendant on the stand. However, one objection to this solution, apart from the violation of confidentiality, is that the lawyer's ethical problem has not been solved, but has only been transferred to the judge. Moreover, the client in such a case might well have grounds for appeal on the basis of deprivation of due process and Ateneo De Davao University College of Law |Legal Profession - Group Three 6

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denial of the right to counsel, since he will have been tried before, and sentenced by, a judge who has been informed of the client's guilt by his own attorney. Of course, before the client testifies perjuriously, the lawyer has a duty to attempt to dissuade him on grounds of both law and morality. In addition, the client should be impressed with the fact that his untruthful alibi is tactically dangerous. There is always a strong possibility that the prosecutor will expose the perjury on cross-examination. However, for the reasons already given, the final decision must necessarily be the client's. The lawyer's best course thereafter would be to avoid any further professional relationship with a client whom he knew to have perjured himself. Thusly, in as much as the duty to prevent perjury rests on the lawyer it will still be up to the client or witness to decide whether or not employing perjury is the most proper. The lawyer then acts as the mediator and makes every effort to dissuade the client from resorting to perjury. The lawyer then as an officer of the court and a member of the judicial system always upholds the truth and has the primary duty to see to it that justice is done6. The effort to free the judiciary from any integrity issues would be stagnated if the lawyers themselves cannot make that ethical stand when it comes to perjury. Is it proper to give your client legal advice when you have reason to believe that the knowledge you give him will tempt him to commit perjury. The group agrees with the opinion of Freedman. Freedman states that it is not the lawyers function to prejudge his client as a perjurer. He cannot presume that the client will make unlawful use of his advice. Apart from this there is a natural predisposition in most people to recollect facts, entirely honestly, in a way most favorable to their own interest (Freedman, 1966).

IT SHOULD NOT BE DONE FOR MONEY

Although parts of this paper is in the grey area, what is definite is the groups stand that the lawyer should not do everything to defend his client for money. The groups stand is supported by Villareal. According to Villareal, if the respect of the people in the honor and integrity of the legal profession is to be retained, both lawyers and laymen must recognize and realize that the legal profession is a profession not a trade, and that the basic ideal of the profession is to render public service and secure justice to those who seek its aid. Since it is not a business, adequate compensation for every services rendered should not be the primordial concern of every lawyer, but rather it should be the spirit of public service and the administration of justice (Villareal, 2002).

CONCLUSION
As what was stated in the objective, the purpose of this paper is not to answer Freedmans question nor impose to the readers its justification on why it has that answer. It can be noticed in
6

Ideas taken from Freedmans paper. See works cited.

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the paper that the group only took a firm answer in the 1st question and merely took the side of Freedman regarding the succeeding questions. The group believes that it cannot answer the questions directly because of lack of definition by the law. Although the law provides that the duty to the courts should be considered supreme, the law does not provide whether to give up its duties to the clients, profession, and society nor up to what extent does it have to give up these remaining duties. It can be inferred from the paper that there are still grey areas in the implementing the Code of Professional Responsibility and it cannot take the position of the Supreme Court in interpreting it considering that the group is still in infancy in law school.

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WORKS CITED
Cayetano v Monsod, GR 110113 (Supreme Court September 3, 1991). Chan Robles. (n.d.). Code of Professional Responsibility. Retrieved 10 24, 2012, from Chan Robles: http://www.chanrobles.com/codeofprofessionalresponsibility.html#.UIhh3G_A_CZ Coquia, J. R. (2003). Legal Profession Readings and Materials (For Students on How to Become a Lawyer and Young Lawyers of the 21st Century). Manila: REX Book Store, Inc. Freedman, M. H. (1966). Professional Responsibility of the Criminal Defense Lawyer: The Three Hardest Questions. Michigan Law Review . Rodriguez, R. B. (2004). Legal Profession. Quezon City: Central Professional Boks, Inc. Supreme Court of the Philippines. (1997). The Rules of Court. Manila: Supreme Court of the Philippines. Villareal, E. M. (2002). Legal Profession. Manila: Rex Book Store, Inc.

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ATTACHEMENTS:
CODE OF PROFESSIONAL RESPONSIBILITY (Promulgated June 21, 1988) CHAPTER I. THE LAWYER AND SOCIETY CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man's cause. Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will admit of a fair settlement. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed. Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter's rights. Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business. Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the circumstances so warrant. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services. Ateneo De Davao University College of Law |Legal Profession - Group Three 10

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Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The continued use of the name of a deceased partner is permissible provided that the firm indicates in all its communications that said partner is deceased. Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall be dropped from the firm name unless the law allows him to practice law currently. Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in anticipation of, or in return for, publicity to attract legal business. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. Rule 6.02 - A lawyer in the government service shall not use his public position to promote or advance his private interests, nor allow the latter to interfere with his public duties. Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or employment in connection with any matter in which he had intervened while in said service. CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in connection with his application for admission to the bar. Ateneo De Davao University College of Law |Legal Profession - Group Three 11

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Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be unqualified in respect to character, education, or other relevant attribute. Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal profession. CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper. Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer, however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking relief against unfaithful or neglectful counsel. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

Rule 9.01 - A lawyer shall not delegate to any unqualified person the performance of any task which by law may only be performed by a member of the bar in good standing. Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or (b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or (c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement. CHAPTER III. THE LAWYER AND THE COURTS CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

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Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. Rule 10.03 - A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired. Rule 11.02 - A lawyer shall punctually appear at court hearings. Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or behavior before the Courts. Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only. CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.

Rule 12.01 - A lawyer shall not appear for trial unless he has adequately prepared himself on the law and the facts of his case, the evidence he will adduce and the order of its proferrence. He should also be ready with the original documents for comparison with the copies. Rule 12.02 - A lawyer shall not file multiple actions arising from the same cause. Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse without submitting the same or offering an explanation for his failure to do so. Rule 12.04 - A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes. Ateneo De Davao University College of Law |Legal Profession - Group Three 13

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Rule 12.05 - A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. Rule 12.07 - A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him. Rule 12.08 - A lawyer shall avoid testifying in behalf of his client, except: (a) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or (b) on substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during his testimony, entrust the trial of the case to another counsel. CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.

Rule 13.01 - A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with Judges. Rule 13.02 - A lawyer shall not make public statements in the media regarding a pending case tending to arouse public opinion for or against a party. Rule 13.03 - A lawyer shall not brook or invite interference by another branch or agency of the government in the normal course of judicial proceedings. CHAPTER IV. THE LAWYER AND THE CLIENT CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter's race, sex. creed or status of life, or because of his own opinion regarding the guilt of said person. Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, 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 indigent client if: Ateneo De Davao University College of Law |Legal Profession - Group Three 14

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(a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. Rule 14.04 - 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. CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01. - A lawyer, in conferring with a prospective client, shall ascertain as soon as practicable whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client. Rule 15.02.- A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client. Rule 15.03. - A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts. Rule 15.04. - A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes. Rule 15.05. - A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the prospects of the case. Rule 15.06. - A lawyer shall not state or imply that he is able to influence any public official, tribunal or legislative body. Rule 15.07. - A lawyer shall impress upon his client compliance with the laws and the principles of fairness. 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 a lawyer or in another capacity. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.

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Paper: Professional Responsibility of the Criminal Defense Lawyer

Rule 16.01 - A lawyer shall account for all money or property collected or received for or from the client. Rule 16.02 - A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him. Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. 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. 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. Rule 16.04 - A lawyer shall not borrow money from his client unless the client's interest are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client. CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.

Rules 18.01 - A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rule 18.02 - A lawyer shall not handle any legal matter without adequate preparation. Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.

Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Ateneo De Davao University College of Law |Legal Profession - Group Three 16

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Rule 19.02 - A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: (a) the time spent and the extent of the service rendered or required; (b) the novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d) The skill demanded; (e) The probability of losing other employment as a result of acceptance of the proffered case; (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; (g) The amount involved in the controversy and the benefits resulting to the client from the service; (h) The contingency or certainty of compensation; (i) The character of the employment, whether occasional or established; and (j) The professional standing of the lawyer. Rule 20.02 - 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. Rule 20.03 - 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. Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED. Ateneo De Davao University College of Law |Legal Profession - Group Three 17

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Paper: Professional Responsibility of the Criminal Defense Lawyer

Rule 21.01 - A lawyer shall not reveal the confidences 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. Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto. Rule 21.03 - 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. Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client. Rule 21.05 - 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. Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family. Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

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

Rule 22.01 - A lawyer may withdraw his services in any of the following case: (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; Ateneo De Davao University College of Law |Legal Profession - Group Three 18

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Paper: Professional Responsibility of the Criminal Defense Lawyer

(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. Rule 22.02 - 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 cooperative with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter. (Chan Robles)

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