Canons 1-6 Ethics

8/10/2019 Canons 1-6 Ethics

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CANON 1:

A LAWYER SHALL UPHOLD THECONSTITUTION, OBEY THE LAWS OF THE

LAND AND PROMOTE RESPECT FOR LAWAND LEGAL PROCESSES.


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I,___________________, do solemnly swear that I willmaintain allegiance to the Republic of thePhilippines; I will support its constitution and obey thelaws as well as the legal orders of the duly constituted

authorities therein; I will do no falsehood, nor consentto the doing of any in court; I will not wittingly orwillingly promote or sue any groundless, false orunlawful suit, or give aid nor consent to the same; Iwill delay no man for money or malice, and willconduct myself as a lawyer according to the best ofmy knowledge and discretion, with all good fidelity aswell to the court as to my clients; and I impose uponmyself this voluntary obligations without any mentalreservation or purpose of evasion. So help me God.


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The lawyer s oath is not mere facile words,drift and hollow, but a sacred trust that mustbe upheld and kept inviolable.

It is NOT a mere ceremony or formality forpracticing law. Every lawyer should at alltimes weigh his actions according to thesworn promises he made when taking thelawyer s oath.


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The lawyer's primary duty to society or tothe State is to uphold the Constitution, obeythe laws of the land and promote respectfor law and legal processes.

It is imperative that they live by the law.Lawyers who violate their oath and engage in

deceitful conduct have no place in the legalprofession.


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a number of lawyers have been suspended

or disbarred for conviction of crimesinvolving moral turpitude such as:

estafa, bribery, murder, seduction,abduction, smuggling falsification of publicdocuments

Honesty is still the best policy


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Misappropriating a client's fundGiving false statements under oath in an informationsheet submitted in connection with a lawyer'sapplication for the position of Chief of PoliceManeuvering reconveyance of property in the nameof the lawyer instead of the client in a case involvingsale with pacta de retro Falsification of grades in the Bar ExaminationsDelayed failure to account money collected for theclientInducing someone to buy a parcel of land knowingthat it is not for saleStealing evidence attached to the court records


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Morality

natural moral law which is embodied in man'sconscience and which guides him to do goodand avoid evil.

Moral Turpitudeany thing that is done contrary to justice,honesty, modesty or good morals .

Immoral Conductthat conduct which is willful, flagrant, orshameless and which shows a moral indifferenceto the opinion of the good and respectable

members of the community.


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Moral Character what he really is

Good Reputationopinion generally entertained of himestimate in which he is held by the public inthe place where he is known

*requirement for admission to the Bar


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Grossly Immoral Conduct

one that is so corrupt and false as to constitutea criminal act or so unprincipled or disgracefulas to be reprehensible to a high degree.

it is a WILLFUL, FLAGRANT or SHAMELESS ACTwhich shows a MORAL INDIFFERENCE to theopinion of respectable members of thecommunity.

An attorney may be removed for gross

misconduct not related to his professionalduties which show him to be an unfit andunworthy lawyer.


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Abandonment of wife and cohabiting with another womanBigamy committed by lawyer

Representing oneself to be eligible to marry when he is notHaving carnal knowledge with a woman through a promiseof marriage which he did not fulfill

Arranging the marriage of his son to a woman with whom hehad illicit relations and after the marriage, he continued hisadulterous relations with her

Inveigling a woman into believing that they had beenmarried civilly to satisfy his carnal desiresMaintaining adulterous relationship with a married woman


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RULE 1.02 A lawyer shall not to counsel or

abet activities aimed at defiance of thelaw or at lessening confidence in the legalsystem.

RULE 1.03 A lawyer shall not, for any corruptmotive or interest, encourage any suit orproceeding or delay any man s cause.

RULE 1.04 A lawyer shall encourage his clientsto avoid, end or settle a controversy if it willadmit of a fair settlement.


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No rendering of service or advice to any whichconsists of disloyalty to the laws of the countryAssert any remedy or defense available for theclient w/o compromising his own conscience orviolating any lawsShall not act in clear defiance of the lawAlways act in accordance to the tenets in thelawyer s oath and rules of legal ethics

*Even preparation of document contrary to law isconsidered malpractice


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It is the duty of an attorney not toencourage the commencement or thecontinuance of an action or proceeding, ordelay any man s cause from any corruptmotive or interest.


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Sec. 3 Rules of Court

Certificate by him that he has read thepleading; that to the best of his knowledge,information, and belief there is a goodground to support it; and that is not

interposed for delay.


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Resort to technicalities as a means to frustrate justiceBefuddling of the issues in the case by counsel whichinvariably will be exposed for what they are

Filing of multiple or repetitious petitionsFiling of motions for postponement and other kinds ofmotions for dilatory purposesFiling frivolous appeals for purposes of delay

Filing several actions covering the same subject matteror seeking substantially identical reliefDelaying cases or services for moneyIndiscriminate filing of suits against a party clearlyintended for harassment


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Authorized and encouraged by law

(Arts. 2028 & 2029 CC)With consent of the client

Option for settlement is possible, client shouldbe advised to do so

save the client from additional expenses


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To advise the client to acquiesce and submit, ratherthan traverse the incontrovertible (if cause isdefenseless)To temper client's propensity to litigateShould be a mediator for concord and conciliator forcompromiseGive advice tending to impress upon the client andhis undertaking exact compliance with the strictestprinciples of moral law

To encourage his clients to avoid, end or settle acontroversy if it will admit of a fair settlementObligated not to encourage suits

to prevent barratry and ambulance chasing


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Barratry

Offense of frequently exciting and stirring upquarrels and suits, either at law or Otherwise;Lawyer's act of fomenting suits among individualsand offering his legal services to one of them

Ambulance ChasingAct of chasing victims of accidents for thepurpose of talking to the said victims (or relatives)and offering his legal services for the filing of acase against the person(s) who caused theaccident(s)


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CANON 2 :

A LAWYER SHALL MAKE HIS LEGAL SERVICESAVAILABLE IN AN EFFICIENT AND

CONVENIENT MANNER COMPATIBLE WITHTHE INDEPENDENCE, INTEGRITY ANDEFFECTIVENESS OF THE PROFESSION.


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RULE 2.01 A lawyer shall not reject,

except for valid reasons, the cause ofthe defenseless or the oppressed.RULE 2.02 In such cases, even if thelawyer does not accept a case, he shallnot refuse to render legal advice to theperson concerned if only to the extentnecessary to safeguard the latter's rights.

RULE 2.03 A lawyer shall not do or permitto be done any act designed primarily tosolicit legal business.


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Duty of service , of which the emolument is a byproduct, and in which one may attain thehighest eminence without making such money

A relation as an 'officer of court' to theadministration of justice involving thoroughsincerity, integrity and reliability;A relation to clients in the highest degree offiduciary;

A relation to colleagues at the barcharacterized by candor, fairness andunwillingness to resort to current businessmethods of advertising and encroachment ontheir practice or dealing with their clients.


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Defenseless not in the position to defend themselves due

to poverty, weakness, ignorance or othersimilar reasons.

Oppressed victims of acts of cruelty, unlawful exaction,

domination or excessive use of authority.


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General Rule: No advertisements allowed.

Best advertisement of all:Establishment of a well-merited reputationfor professional capacity and fidelity totrust.


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Reputable law listsBrief biographical and informative dataOrdinary simple professional card

name, the name of the law firm, address, telephonenumber and the special branch of law practiced

An announcement of the opening of a law firm,changes in the partnership, associates, firm name oroffice address

Should be posted anywhere it is proper (place of businessor residence) except courtrooms and government bldgs

Ads or announcement in any legal publication,including books, journals, and legal magazines and intelephone directories


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A lawyer cannot delay the approval of a compromiseagreement entered into between parties, just because hisattorney's fees were not provided for in the agreement.

Rule: A lawyer cannot compromise the case withoutclient's consent (special authority).

Exception: Lawyer has exclusive management of theprocedural aspect of the litigation lawyer is confrontedwith an emergency and prompt/urgent action isnecessary to protect clients interest and there's noopportunity for consultation, the lawyer may compromise.Rule: Refrain from charging rates lower than thecustomary rates. Valid Justification: relatives, co-lawyers,too poor.


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CANON 3:

A LAWYER IN MAKING KNOWN HIS LEGALSERVICES SHALL USE ONLY TRUE, HONEST,

FAIR, DIGNIFIED AND OBJECTIVEINFORMATION OR STATEMENT OF FACTS.


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RULE 3.03 Where a partner accepts publicoffice, he shall withdraw from the firm andhis name shall be dropped from the firmname unless the law allows him to practicelaw concurrently.

RULE 3.04 A lawyer shall not pay or giveanything of value to representatives of themass media in anticipation of, or in returnfor, publicity to attract legal business.


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Use of name other than what is inscribed in theRoll of Attorneys is prohibited

If appointed to a government position whichprohibits private practice of law, his name onthe law firm should be removed

If a partner is deceased, his name may beused only if date of death is indicated


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It is unethical to use the name of a foreignfirm.

Death of a partner does not extinguishattorney-client relationship with the law firm.

Negligence of a member in the law firm isnegligence of the firm.


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CANON 4:A LAWYER SHALL PARTICIPATE IN THE

DEVELOPMENT OF THE LEGAL SYSTEM BYINITIATING OR SUPPORTING EFFORTS IN

LAW REFORM AND IN THE IMPROVEMENTOF THE ADMINISTRATION OF JUSTICE.


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Presenting position papers or resolutions forthe introduction of pertinent bills in

Congress

Petitions with the Supreme Court for theamendment of the Rules of Court.


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CANON 5:

A LAWYER SHALL KEEP ABREAST OF LEGALDEVELOPMENTS, PARTICIPATE INCONTINUING LEGAL EDUCATION

PROGRAMS, SUPPORT EFFORTS TOACHIVE HIGH STANDARDS IN LAWSCHOOLS AS WELL AS IN THE PRACTICALTRAINING OF LAW STUDENTS AND ASSIST

IN DISSEMINATING INFORMATIONREGARDING THE LAW ANDJURISPRUDENCE.


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First, he owes it to himself to continueimproving his knowledge of the laws;

Second, he owes it to his profession totake an active interest in themaintenance of high standards of legaleducation;

Third, he owes it to the lay public tomake the law a part of their socialconsciousness.


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(Aug. 22, 2000) Bar Matter No. 850 Promulgation of MCLE Program

36 hours of continuing legal education onspecified subjects every 3 years

Exempted: Justices of Supreme Court, CA,Sandiganbayan, RTC Judges, Law Deans,etc.


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Public Officials include elective and appointive officials

and employees, permanent or temporary,whether in the career or non-career service,including military and police personnel,whether or not they receive compensation,regardless of amount


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An Act establishing A Code of Conduct andEthical Standards for Public Officials andEmployees, to uphold the time-honored principle

of public office being a public trust, grantingincentives and rewards for exemplary service,enumerating prohibited acts and transactionsand providing penalties for violations thereof and

for other purposes.


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Commitment to public interestProfessionalismJustness and sincerityPolitical neutralityResponsiveness to the publicNationalism and patriotismCommitment to democracySimple living


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RULE 6.01 The primary duty of a lawyer engagedin public prosecution is not to convict but tosee that justice is done. The suppression of factsor the concealment of witnesses capable ofestablishing the innocence of the accused ishighly reprehensible and is cause fordisciplinary action.

RULE 6.02 A lawyer in the government serviceshall not use his public position to promote oradvance his private interests, nor allow thelatter to interfere with his public duties.

RULE 6.03 A lawyer shall not, after leaving agovernment service, accept engagement oremployment in connection with any matter inwhich he had intervened while in said service.


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Quasi-judicial officer; seek equal and impartial justice (not just to win the case)Present evidence in their true and proper

significanceRefrain from improper methods calculated toreproduce a wrongful convictionShould not present evidence acquired thru torturean the likes (or those prohibited under Bill or Rights)(Art. 3, par. 12 Constitution)Should recommend the acquittal of the accusedwhose conviction is on appeal, if he finds no legalbasis to sustain the conviction


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uphold the public interest over and above personalinterest;must discharge their duties with the highest degree of

excellence, professionalism, intelligence, and skill;act with justness and sincerity;provide service without discrimination;extend prompt, courteous and adequate service tothe public;

be loyal to the Republic;commit themselves to the democratic way of life andvalues; andlead modest lives


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Sec 3. Corrupt practice of Public Officers.In addition to acts or omission of public officers already

penalized by existing law, the following shall constitute corruptpractice of any public officer and are hereby declared to beunlawful:

(d) accepting or having any member of his family acceptemployment in a private enterprise which has pending officialbusiness with him during the pendency thereof or within oneyear: after termination.

Section 7 (b) of RA 6713 prohibits officials from doing any of thefollowing acts:1. Own, control, manage or accept employment as officer,employee, consultant, counsel, broker, agent, trustee ornominee in any private enterprise regulated, supervised orlicensed by their office unless expressly allowed by law.


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These prohibitions shall continue to apply for a period of

one (1) year after resignation, retirement, or separationfrom public office, except in the case of subparagraph(b) (2) above, but the professional concerned cannotpractice his profession in connection with any matterbefore the office he used to be with, in which case theone year prohibition shall likewise apply.


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Canons 1-6 Ethics

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