LEGAL ETHICS

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4.

Introductory
Preliminary
Definitions
Power to regulate practice of
law
5. Nature of office of attorney
6. Privileges of attorney
7. Duties of office, generally
8. Public versus private and
personal duties
9. Practice of law a profession
10.Necessity of representation by
counsel
11.Need for, and right to, counsel
12.Consequences of denial of right
to counsel
13.When appearance by counsel
not obligatory
14.Canons of professional
responsibility
PRELIMINARY

Attorney
A person who is a member of
the Philippine Bar
Who by the warrant of another,
practices law, or who acts
professionally in legal
formalities, negotiations or
proceedings, by authority of his
client.
COUNSEL
An adviser
A persons professionally
engaged in the trial or
management of a case in
court
A legal advocate managing a
case at law
TYPES OF ATTORNEY
Counsel
de parte

Law is not a trade nor a craft but a

profession
BASIC IDEAL
1. To render public service
2. Secure Justice for those who
seek its aid
LEGAL ETHICS, DEFINITIONS
Legal ethics is the embodiment
of all principles of morality and
refinement that should govern
the conduct of every member of
the bar. P2
Living spirit of the profession,
which limits yet, uplifts it as a
livelihood.
Branch of moral science which
treats of the duties which an
attorney owes to the court, to
his client, to his colleagues in
the profession and to the public.

Counsel
de oficio

Attorney
of record

Of Counsel

Is an attorney retained by a
party litigant, usually for a
fee, to prosecute or defend
his cause in court
Theres a freedom of choice
either on the part of the
attorney to decline or
accept the employment
Is an attorney appointed by
the court to defend an
indigent defendant in a
criminal action or to
represent a destitute party
in case.
No choice than the
acceptance by the indigent
party of whoever is
appointed as his counsel
Is an attorney whose name,
together with his address, is
entered in the case and to
whom judicial notices
relative thereto are sent.
An experienced lawyer, who
is usually are retired

LEGAL ETHICS

Amicus
Curiae

Bar
Bench

member of judiciary
employed by law firms as a
consultant
An experienced and
impartial attorney ivited by
the court to appear and
help in the disposition of
issues submitted to it.
Legal Profession
Judiciary

o
o

POWER TO REGULATE PRACTICE

OF LAW

The practice of law is a privilege

impressed with public interest.
Most important function of the
state
The administration of justice
Purpose of regulation
Regulation is needed because
function of law should be
faithfully discharged and
rendered only by those who are
qualified, fit and honest and
who possess good moral
character.
Supreme Court
Has the power of control and
regulate the practice of law
Reason why regulation belongs
to judiciary
o Practice of law is
inseparably connected
with the exercise of
judicial power in the
administration of justice.
Scope of regulations
o Authority to define the
term
o Prescribe the
qualifications of a a

candidate who will be

admitted to practice
Suspend or disbar any
unfit and unworthy
member of the bar
Reinstate any debarred or
indefinitely suspended
attorney
Ordain the integration of
the Philippine Bar
Punish for contempt any
person of unauthorized
practice of law
In general, exercise
overall supervision of the
legal profession
Exercise any other power
as may be necessary to
elevate the standards of
the bar and preserve its
integrity.

Legislatures part in regulation

In the exercise of its police
power, legislature may enact
law regulating the practice of
law to protect the public and
promote public welfare
But may not pass law that will
control SC in the performance of
its function
NATURE OF OFFICE OF
ATTORNEY

More than a mere agent

o Because he possesses
special powers of trust
and confidence
reposed in him by his
client
Independent as judge
Public officer

LEGAL ETHICS

Occupies a Quasi-judicial
office
o He is an officer of
court who has close
and intimate
relationship with the
bench
Membership is a privilege
burdened with conditions
Subject to disciplinary
authority of the court

PRIVIEGES OF ATTORNEY
1. Right to practice law
a. During good behavior
before any judicial,
quasi-judicial or
administrative tribunal
2. As part of judicial system
a. Privilege as the first
one to sit in judgment
on every case
b. To set the judicial
machinery in motion
3. Enjoys presumption of
regularity in the discharge of
duty
4. Immune from liability, in the
performance of his obligation
to his client, to a third
person
a. As long as does not
materially depart from
his character as quasijudicial character
5. Can speak freely and
courageously in the course
of judicial proceedings
without risk of incurring
criminal prosecution or an
action for damages
a. Statements are
absolutely privileged

b. Regardless of
defamatory tenor and
presence of malice
6. Passing bar exam equivalent
to a first and second degree
elegibility
PURPOSE of GIVING PRIVILEGES
Necessary for the proper
administration of justice as for
the protection of the attorney
and his client.
Designed to encourage lawyer
to be courageous and fearless
in the prosecution or defense of
his clients cause.
Common Objective proper,
efficient, speedy and
inexpensive administration of
justice
DUTIES OF OFFICE
Maintain allegiance to the
Republic of the Philippines and
to support the Constitution and
obey the law
To observe and maintain the
respect due the courts of justice
and judicial officers
To counsel or maintain such
actions or proceedings only as
he believes to be honestly
debatable under the law
To employ, for the purpose of
maintaining the causes confided
to him, such means only as are
consistent with truth and honor
Never to mislead the judge or
any judicial officer by an artifice
or false statement of fact or law
Maintain inviolate the
confidence; preserve secrets of
clients; accept no compensation

LEGAL ETHICS

in connection with his clients

business
Abstain from all of his offensive
personality and to advance no
fact prejudicial to the honor or
reputation of a party or witness
Not to encourage either the
commencement or the
continuance of an action or
proceeding
Never to dealy any mans case
for any corrupt motive or
interest
Never to reject for any
consideration personal to
himself the cause of the
defenseless or oppressed

PUBLIC versus PRIVATE and

PERSONAL DUTIES
Public Duty
Consists of his obligations to
obey the law, aid in the
administration of justice or
cooperate with it whenever
justice would otherwise be
imperiled

Private Duty
Refers to his obligation to
faithfully, honestly, and
conscientiously represent the
interest of his clients
Personal Obligations
What he owes to himself
LEGAL PROFESSION vs. BUSINESS
1. A duty of public service of which
the emolument is a by product,
and in which one may attain the
highest eminence without
making much money
2. A relation as an officer of the
court to the administration of
justice involving thorough
sincerity, integrity and reliability
3. A relation to clients in the
highest degree fiduciary
4. A relation to colleagues
characterized by candor,
fairness and unwillingness to
resort to current bushiness
methods of advertisement and
encroachment upon others
practice on dealing directly with
their cli8ients