Chapter 16

1.Generally
- the practice of law is a privilege burdened with a conditions.
1. Adherence to rigid standards of mental fitness,
2. maintenance of highest degree of morality,
3. faithful compliance with the rules of legal profession,
4. Regular payment of membership fees to the integrated bar of the Philippines
-conditions required for remaining members of good standing of the bar and for
enjoying the privilege to practice law.
2. Authority to discipline supreme court has the ultimate disciplinary power
over attorneys. The Court of appeals and the Regional Trial Court under the
authority by the Supreme Court may exercise disciplinary power over lawyers who
appear before them as counsel for litigants. But either court can only impose
suspension or a lesser disciplinary sanction after giving the lawyer the opportunity
to be heard on reasonable notice. It cannot disbar a lawyer
Purpose of disciplinary proceedings
-

A disciplinary action is premised on the assumption that members of the bar

should be competent, honorable and reliable persons in whom courts and
clients may repose confidence.
A proceeding for disbarment is instituted to ascertain if lawyer, in view of the
imputed misconduct, still possesses those qualifications which are conditions
precedent for the continuous practice of law.
Disciplinary proceedings are instituted and sanctions imposed against erring
lawyers in order to a) to deter others from similar misconduct b) As indication
to the public that the courts will maintain the ethical standards of the
profession.c) to protect the court and the public from the misbehavior of its
officers, safeguard the administration of justice from incompetence and
dishonesty of lawyers d) preserve the purity of the legal profession by
removing from its ranks those who have shown to be unfit and unworthy to
remain in it.

Administrative Cases against lawyers a class of their own

-administrative cases against lawyers belong to a class of their own. In an
administrative case for disbarment or suspension, clearly preponderant evidence is
all that is required.

- disbarment proceedings are undertake solely for public welfare. The complainant
is no sense a party, and generally has no interest in the outcome except as all good
citizens may have in the proper administration of justice.
Duty to discipline or protect lawyers
-It is the duty of the court to exercise and regulate its disciplinary power by a sound
and just judicial discretion, whereby the rights and independent of the bar may be
scrupulously guarded and maintained by the court as the rights and dignity of the
court itself.
GROUNDS FOR DISCIPLINE
-Sec.27 of Rule 138
1) for any deceit, malpractice, or other gross misconduct in such office
2. grossly immoral conduct
3. by reason of his conviction of a crime involving moral turpitude
4. for any violation of the oath which he is required to take before
admission to practice
5. for a willful disobedience of any lawful order of superior court
6. willfully appearing as an attorney for a party to case without authority
so to do.
7. soliciting of cases