SYLLABUSBASIC LEGAL ETHICS

I. Introduction

Preliminary considerations Important Terms (legal ethics, member of the bar,

Shari'a Bar, counsel de parte, counsel de oficio, attorney of record, of counsel, amicus curiae, bar, bench.

Power to regulate practice of law--Practice of law as a privilege impressed with public interest.--the legislature's role--the judiciary's role

Nature of Office of Attorney Privileges of Attorney Duties of an attorney Public and Private Duties of an Attorney Practice of law as a Profession The need to be represented by counsel. (In what

proceedings is one required to be represented by counsel?)

Consequences of denial of right to counsel When is appearance by counsel not obligatory? Canons of Professional Responsibility

Reference:

Agpalo, Ruben, Legal and Judicial Ethics (latest edition)

II. Admission to Practice of Law

A. Admission to practice as a judicial function.

Legislature power to repeal, alter, or supplement Executive Power in Relation to Practice of law Prescribing Standards for Law Schools The Board of Legal Education

B. Practice of law – Definition

Characteristics Representation before the Court Representation before other agencies Activity outside of court

Persons entitled to practice law Right and Privilege to practice law Practice without examination Practice without admission Right of Party to represent himself Practice by corporation Persons authorized to represent the government Disability of public officials to practice law Liability for unauthorized practice of law Remedies against unauthorized practice of law.

C. Qualifications for Admission

General considerations Citizenship and Residence Educational Qualifications Good Moral Character Bar Examination

D. Procedure for Admission

Bar Examination Committee Application and Supporting Documents Disclosure of involvement in any criminal case Burden of proof to show qualifications Written Examination Restrictions to insure integrity in examination Correction and revaluation of grades Administration of oath Issuance of certificate Payment of IBP dues and percentage tax

E. Cases – In re: Cunanan 94 Phil. 534 (1954)In the Matter of the Integration of the Integrated Bar of the Philippines ( January 9, 1973)

Cayetano v. Monsod, G.R. 100113, September 3, 1991;

Ulep v. The Legal Clinic, Bar Matter No. 553, June 17, 1993.

III. Lawyer's Duties to Society

A. Upholding the Constitution and the law

Duty to uphold Constitution and obey the law Duty not to engage in unlawful conduct Duty not to counsel illegal activities Duty not to encourage lawsuits Duty to encourage amicable settlement

B. Making Legal services Available

General considerations A lawyer shall not reject the case of the defenseless A lawyer shall not refuse to render legal advice Participating in legal development Lawyer shall keep abreast of legal development Mandatory continuing legal education

C. Applicability of Code to Government Lawyers

Code applies to government lawyers A prosecutor shall see to it that justice is done Restrictions on the functions of public prosecutor In appeal, the Solicitor General has control Role of private prosecutor Intervention by private lawyer is subject to prosecutor's control When public prosecutor should take over handling of case A lawyer shall not use his public position to promote his private interest Former official may not accept certain employment

D. Cases: Uphold the Constitution and Obey the law

(Canon 1)

Brion, Jr. v. Brillantes, Jr. Adm. Case No. 5305, March 17, 2003

Bautista v. Gonzales Adm. Matter No. 1625 February 12, 1990

Counselling/Abetting Illegal Activities

In re: Turrel, 2 Phil. 266 (1903) Oronce v. CA, G.R. 125766 (1998)

Avoid Controversy, Encourage Settlement

Castañeda v. Ago, G.R. 28546, July 30, 1975 De Ysasi III v. NLRC, G.R. 104599, March 11, 1994

Unlawful, Dishonest and Immoral Conduct

Arciga v. Maniwang Adm. Case 1608, Aug. 14, 1981 Zaguirre v. Castillo Adm. Case 4921, March 6, 2003 Cordova v. Cordova Adm. Case 3249, Nov. 29, 1989

Crimes involving moral turpitude

In re Basa, 41 Phil 275 (1920) People v. Tuanda Adm. Case NO. 3360 January 30, 1989 In Re Argosino B.M. 712, July 13, 1995 March 19, 1997 Re: SC Decision dated May 20, 2008 In G.R. No. 161455 Under Rule 139-By the Rules of Court v. Atty. Rodolfo D. Pactolin Adm. Case No. 7940 April 24, 2012

Effect of Executive Pardon

In re Lontok, 43 Phil 293 (1922) In re Vailoces, Adm. Case 439 (1982) In re Rovero, Adm. Case 126 (1980) In re Gutierrez, Adm. Case 363 (1962)

Non-Professional Misconduct

Lizaso v. Amante Adm. Case 2019 (1991)

Toledo v. Abalos Adm. Case 5141 (1999)

Sebastian v. Calis Adm. Case 5118 (1999)

Duty to overcome evidence of wrongdoing

Reyes v. Gaa Adm. Matter 1048 (1995)

Duties of Notaries Public

Nadayag v. Grageda Adm. Case 3232 (1994)Nunga v. Viray Adm. Case 4758 (1999)Villarin v. Sabate, Jr. Adm. Case 3324 (2000) Isenhardt v. Real Adm. Case 8254 (2012) Imson – Souweha v. Rondez Adm. Case 3961 (1997)Flores v. Chua Adm. Case 45001 (1999)

(Canon 2 – Legal Services Compatible with Independence, Integrity of Profession)

Cause of defenseless and Oppressed

IBP Guidelines Art 1, Sec 1, Public Service Ledesma v. Climaco G.R. L-23815 (1974)Re: Request of National Committee on Legal Aid to Exempt Legal Aid Clients from paying filing, docket and other feesAdm. Matter 08-11-7-SC (2009)

Soliciting legal business

In re Tagorda 53 Phil 37 (1929)Linsangan v. Tolentino Adm. Case 6672 (2009)

(Canon 3)

Making known Legal Services & Fair, dignifiedobjective information

Ulep v. The Legal Clinic, supra

Dacaneg v. Baker & Mckenzie Adm. Case 2131 (1985)

(Canon 5)

Keep Abreast of Legal Developments

People v. Gacott G.R. 116049 (1995)Payod v. Metila Adm. Case 3944 (2007)

(Canon 6)

Lawyers in Government Service

Collantes v. Renomeron Adm. Case 3056 (1991)Pimentel v. Llorente Adm. Case 4680 August 29, 2000Suarez v. Platon 69 Phil 556 (1940)Misamin v. San Juan Adm. Case 1418 August 31, 1976Lahon v. Mayor Adm. Case 7430, Feb 15, 2012PCGG v. SandiganbayanG.R. 151809-13 (2005)

References; 1. Agpalo, Ruben, Legal, Judicial Ethics latest edition

2. Law creating the Board of Legal Education3. Supreme Court Resolution requiring

mandatory legal education 4. Attorney's oath (Rules of Court, Form 28)

IV. The Lawyer's Duties to the Legal ProfessionA. Upholding Integrity of Profession

General ConsiderationsA person shall make no false statement in his application for admission to the barA lawyer shall not support unqualified applicant to the barA lawyer shall always conduct himself ethically and

morallyGross immorality reflective of unfitness to practice lawConviction of a crime involving moral turpitudeCommission of fraud or falsehood.

B. Lawyer's Relation to other Lawyers

General considerationsCandor, fairness, and truthfulness should characterize relationsA Lawyer shall use temperate languageA Lawyer shall not encroach upon business of anotherNegotiations with opposite party.Association as a Colleague in a case

C. Preventing unauthorized Practice of Law

Duty to prevent unauthorized practice of lawIntervention of intermediary not allowedA lawyer shall not delegate legal work to non-lawyersA lawyer shall not divide fees with non-lawyers

D. Solicitation and Advertising

A lawyer shall not solicit legal businessA lawyer shall not charge lower rates to attract businessA lawyer cannot advertise his talent; reasonsProper or permissible advertising or solicitationWriting legal articlesEngaging in business or other occupationA lawyer shall make clear whether he is acting in another capacityA lawyer shall not use false statement regarding his qualification or serviceA lawyer shall not use false or misleading firms name.A partner who accepts public office should withdraw from the firm; exceptionA lawyer shall not seek media publicity

E. The Integrated Bar of the Philippines

Integration of the barPower to integrate the barConstitutionality of integration Purposes and objectives of the Integrated Bar.Non-political barMembership, resignation, retirement, and reinstatement

Membership dues and effect of nonpaymentOrganization set upNational officerBoard of DirectorHouse of DelegatesChapter government

F. Cases

(Canon 7)

Upholding the integrity of the legal Profession; Support for IBP Activity

The Integrated Bar of the Philippines Re: 1989 Elections of the Integrated Bar of the Philippines, Bar Matter 491 (1989) In the Matter of the Brewing Controversies in the Election in the Integrated Bar of the Philippines, Adm. Matter 09-5-2-SC (2010) Re: Brewing Controversies in the Elections in the Integrated Bar of the Philippines, Adm Matter 4749 (2000)

Knowingly making false statement in Application for admission to the bar

Leda v. Tabang Adm. Case 2505 (1992) In the Matter of the Disqualification of Bar Examinee Haron S. Meling in the 2002 Bar Examinations and for Disciplinary Action as Member of the Philippine Shari'a Bar, Atty. Froilan R. Melendrez, Bar Matter 1154, (2004) In re Parazo, G.R. 120348 (1948)

CONDUCT affecting fitness to practice law; Requisite of good moral character

Tan v. Sabandal Bar Matter 44 (1992) Tapucar v. Tapucar Adm. Case 4148 (1998)

(Canon 8)

Courtesy, Fairness and Candor toward Colleagues

Bugaring v. Espanol G.R. 133090 (2001)

Encroachment or Professional Employment of Another

Likong v. Lim Adm. Case 3149 (1994) Camacho v. Pangulayan, et al Adm. Case 4807 (2000) In re: Clemente M. Soriano G.R. 24114 (1970) Lisangan v. Tolentino Adm. Case 6672 (2009)

(Canon 9)

Assisting in unauthorized Practice of Law

US v. Ney 8 Phil 146 (1907) Alawi v. Alauya Adm. Matter SDC-97-2-P (1997) Five J. Taxi v. NLRC G.R. 111474 (1994) Amalgamated Laborers Assn v. CIR G.R. L-23467 (1968)

Reference: Agpalo, Ruben, Legal and Judicial Ethics (latest edition)

V. Lawyer's Duties to Courts

(Canon 10)

A. Lawyer owes candor and fairness to the Court

General considerations A lawyer should be candid and truthful to court

Cases:

Masinsin v. Albano, G.R. 86421, May 31, 1994 Libit v. Oliva Adm. Case 2837, Oct. 7, 1994

A lawyer shall do no falsehood A lawyer should not misquote nor misrepresent

Comelec v. Noynay G.R. 132365, July 9, 1998 Adez Realty Inc. v. Court of Appeals, G.R. 100643,

Oct. 30, 1992

A lawyer shall not misuse rules of procedure- Cobb-Perez vs. Lantin, G.R. L-22329, July 29, 1968

B. Observing and maintaining respect due the Courts and Judicial Officers

(Canon 11)

Respect due the courts Obeying court orders Defending judges from unjust criticism A lawyer shall appear in proper attire A lawyer shall be punctual A lawyer shall abstain from offensive languages or behavior A Judge should be courteous to lawyers to merit respect Upholding court's authority and dignity A lawyer shall not attribute to a judge improper motives A lawyer shall seek out grievances to proper authorities

Cases:- Montecillo v. Gica, G.R. No. L-36800, October 21, 1974 In re Sotto, 82 Phil. 595 (1949)- Guerrero v. Villamor, G.R. Nos. 82238-42, November

13, 1989-Re: Letter Of the UP Law Faculty Entitled “Restoring Intergrity: A Statement By The Faculty Of The University Of The Philippines College of Law On The Allegations Of Plagiarism And Misrepresentation In The Supreme Court”, A.M. No. 10-10-4-SC. March 8, 2011 (Read also dissenting opinions)

Proper attire in court.

Trenkner, Thomas R. Annotation: Power of Court to Impose Standart of Personal Appearance or Attire, 73 ALR3d 353Peck v. Stone, 304 NYS2d 881Punctual attendance at hearingsDe Gracia v. Warden of Makati, G.R. No. L-42032, January 9, 1976.

Scandalous, offensive languageSangalang v. Intermediate Appellate Court, G.R. No. 71169, August 30, 1989Attributing motives to judges not supported by recordsPenticostes v. Hidalgo, Adm. Matter No. RTJ-89-331, September 28, 1990Mocles v. Maravilla, Adm. Matter No. RTJ-93-873Wicker v. Arcangel, G.r. No. 112869, January 29, 1996Grievance against judges: Proper venueConst. VIII, s.6Maceda v. Vasquez, G.R. No. 102781, April 22, 1993

(Canon 12)

C. Assisting the Court in speedy and effective administration of Justice

General considerationsA lawyer should come to court adequately preparedA lawyer shall not file multiple actionsA lawyer shall not resort to forum shoppingDuty to disclose pending caseVerification must be signed by party, not his counsel; exceptionTest to determine forum shoppingSanctions for ViolationA Lawyer to temper client's propensity to litigateA lawyer shall file his pleadings within the period.Duty to inform client's death and change of counsel's address A lawyer shall not delay nor impede execution of judgmentA lawyer to discourage appellate reviewA lawyer shall not talk to a witness during recessA lawyer shall not assist a witness to misrepresentA lawyer shall not harass a witnessA lawyer shall avoid testifying for a clientLi Kim Tho v. Sanchez, G.R. No. 102781, April 22, 1993Bergonia v. Merrera, Adm. Case No. 5024, February 20, 2003Economic Insurance Co. v. Uy Realty Co., G.R. No. L-28056, August 31, 1970Alcantara, et al., v. De Vera, Adm. Case No. 5859, November 23, 2010Olivares v. Villalon, Adm. Case No. 6323, April 13, 2007.

(Canon 13)

D. Avoiding impropriety that tends to influence the court

A lawyer should rely on merits of his caseA lawyer shall not extend hospitality to a judgeA lawyer shall not publicly discuss pending casesCriticism of pending and concluded litigationLimitations on right to criticismRight and duty of lawyer to criticize courtsA lawyer shall not invite judicial interference

- Nestle Philippines v. Sanchez, G.R. No. L-75209, September 30, 1987- Lantoria v. Bunyi, Adm. Case No. 1769, June 8, 1992- Cruz v. Salva, G.R. No. L-12871, July 25, 1959- In re Almacen, G.r. No. L-27654, February 18, 1970- Maglasang v. People, G.R. No. 90083, October 4,

1990- Re: Request Radio-TV Coverage of the Trial in the - - Sandiganbayan of the Plunder Cases Against the former President Joseph E. Estrada, Adm. Matter No. 01-4-03-SC, June 29, 2001.

NATURE AND CREATION OF ATTORNEY-CLIENT RELATIONSHIP

A. Nature of Relation

Nature of attorney-client relationshipRelation as strictly personalRelation as fiduciary and confidentialRules protective of relation

B. Retainer or Employment

Concept of term “retainer”Necessity of retainerSufficiency of professional employmentEmployment of law firmWho can employ attorney?

C. Ethical Norms and Restrictions

General considerationsA lawyer shall ascertain possible conflict of interestsDuty to decline employmentA lawyer shall preserve the secrets of a prospective

clientEthical considerations in taking bad case

(Canon 14)

D. Lawyer may not refuse his services

Lawyer as advocateA lawyer shall not decline to represent unpopular clientsA lawyer shall not decline appointment by the court or by the IBPFrequent appointment of same counsel discouragedA lawyer may refuse to represent indigent on valid groundsA lawyer shall observe the same standard for all clients

- Ledesma v. Climaco, G.R. No. L-23815, June 1974- Abaqueta v. Florido, Adm. Case No. 5948, January 22,

2003

LAWYER'S DUTIES IN HANDLING CLIENT'S CAUSE

(Canon 15)

A. Entire Devotion within the law

General considerationsA lawyer shall perform duty within the lawA lawyer shall give candid advice on merits of caseDuty to comply with client's lawful requestDuty to restrain client from improprietyA lawyer shall not undertake influence-peddling

- Dee v. Court of Appeals, G.R. No. 77439, August 24, 1989- Burbe v. Magulta, Adm. Case No. 5713, June 10, 202- Santiago, et al. v. Fojas, A.C. No. 4103, September 7,

1995

B. Employment of Honorable Means

Duty to employ honorable means onlyTechnical defense Prosecuting or defending matrimonial casesA lawyer shall rectify client's fraud

C. What are required to protect Client's interests

General considerationsDuration and extent of lawyer's duty to safeguard client's interestA lawyer shall render service only when qualified to do soA lawyer shall not handle a case without adequate preparationPreparation of pleadings Interviewing witnessesWhat to do in case of conflict in trial datesAdoption of system to insure receipt of mailsNotice of change of addressNotice of death of clientRequiring clerk of court to do his dutyDuty to keep client fully informedWhat is required when moving for time to file pleading or to postpone hearingDiligence in handling case

D. Standard of duty in Criminal actions

Duty to render effective legal serviceWhat is required of counsel de oficioDuty of defense counsel when accused intends to plead guilty

E. Consequences of failure to perform duties

General considerations Consequences to client for lawyer's breach of duties

LAWYER'S FIDUCIARY OBLIGATIONS

A. Effects of Fiduciary Relation

General considerations Dealings with client closely scrutinized Abuse of client's confidence Rebates and commissions A lawyer shall not borrow from, nor lend money to, client

(Canon 16)

B. Accounting of Client's Funds

A lawyer shall account for client's funds A Lawyer shall not commingle client's funds A lawyer shall deliver funds to client, subject to his lien- In re Atty. Melchor E. Ruste, Adm. Case No. 632, June

27, 1940 (70 Phil. 243)- Quilban v. Robinol, Adm. Case No. 2144, April 10, 1989- Dumadag v. Lumaya, Adm. Case No. 2614, May 21, 1991- Ordonio v. Eduarte, Adm. Matter No. 3216, March 16,

1992- Licuanan v. Melo, Adm. Case No. 2361, February 9,

1989- Dhaliwal v. Dumaguing, Adm. Case No. 9390, August 1, 2012Lien for Attorney's Fees- Manalang, et al., v. Angeles, Adm. Case No. 1558, March 10, 2003- Tanhueco v. De Dumo, Adm. Case No. 1437, April 15,

1989

C. Restriction against buying client's property

Purchase of client's property in litigation Application of rule Where rule inapplicable Effects of prohibited purchase Purchase of choses in action

(Canon 17) (Fidelity to Client's Cause)

LAWYER'S DUTY TO PRESERVE CLIENT'S CONFIDENCE

A. Preservation of Client's Confidence

Duty to preserve client's confidence, generally Duration of duty Reason for the rule A lawyer shall not use client's secrets without his consent A lawyer shall not give information from his files A lawyer may disclose affairs of client to partners A lawyer shall adopt measures against disclosure of

client's secrets A lawyer shall avoid indiscreet conversation about client's affairs A lawyer shall not reveal his having been consulted

- Manalang, et al., v. Angeles, Adm. Case No. 1558, March 10, 2003- Cantiller v. Potenciano, Adm. Case No. 3195, Dec. 18, 1989- Solatan v. Inocentes, Adm. Case No. 6504, August 9,

2005- Villaforte v. Cortez, Adm. Case No. 3455, April 14, 1998

B. Scope of Attorney-Client Privilege

Requisites of privilege Relation of attorney and client Confidentiality Form or mode of communication Persons entitled to claim privilege Application of rule Privileged matters Matters not privileged A lawyer shall not reveal client's confidence

C. Exceptions to Rule on Privilege

Exceptions to rule against disclosure of client's secrets Client's waiver of privilege Disclosure to protect attorney's rights Communications as to crime Communications as to fraud

(Canon 18 – Competence and Diligence)

- Reontoy v. Ibadlit, Adm. Case CBD No. 190, January 28, 1998- Moton v. Cadiao, Adm. Case No. 5169, November 24, 1999- Sencio v. Calvadores, Adm. Case No. 5841, January 20, 2012- Hernandez v. Padilla, Adm. Case No. 9387, June 20, 2012- Edquibal v. Ingco, G.R. No. L-32994, October 29, 1971- Barbuco v. Beltran, Adm. Case No. 5092, August 11,

2004- Legarda v. Court of Appeals, G.R. No. 94457, June 10,

1992- Suarez v. Court of Appeals, G.R. No. 91133, March 22, 1993- Perea v. Almadro, Adm. Case No. 5246, March 20, 2003- Blanza v. Arcangel, Adm. Case No. 492, September 5,

1967

LAWYER'S DUTIES OF FAIR DEALINGS AND AVOIDING CONFLICT OF INTERESTS

A. Fairness in dealings with client

Duty to be candid, fair and loyal in all dealings with client, generally A lawyer shall ascertain possible conflict of interests Duty to decline employment A Lawyer shall preserve the secrets of a prospective client A lawyer may act as mediator

(Canon 19 – Represent With Zeal Within Bounds of Law)

- Fernandez v. Noveno, Jr. Adm. Case No. 5394, December 22, 2002- Ong v. Unto, Adm. Case No. 2417, February 6, 2002- Cosmos' Foundry Shop Workers Union v. Lo Bu, G.R. No. L-40136, March 25, 1997

(Canon 20) Charge Only Fair and Reasonable Fees

- Metropolitan Bank & Trust Co. v. Court of Appeals, G.R. Nos. 86100-03, January 23, 1990- Albano Coloma, Adm. Case No. 528, October 11, 1967- Corpuz v. Court of Appeals, G.R. No. L-40424, June 30, 1980-Mendoza-Parker v. Court of Appeals, G.R. No. 109219, March 11,1994-Research and Services Realty, Inc. v. Court of Appeals, G.R. No. 124074, January 27, 1997Yu v. Bondal, Adm. Case No. 5534, January 17, 2005-Miranda v. Carpio, Adm. Case No. 6281, September 26, 2011

Attorney's fees as contract and as award for damages-Trader's Royal Bank Employees Union-Independent v. NLRC, G.R. No. 120592, March 14, 1997Attorney's Lien, When & Where claimed-Rules of Court, Rule 138, sec. 37-Quirante v. Intermediate Appellate Court, G.R. No. 73886, January 31, 1989-Cadalin v. POEA, G.R. No. 104776, December 5, 1994

(Canon 21 – Client Confidence and Secrets)

-Regala, et al v. Sandiganbayan, G.R. No. 105938, September 20, 1996 [read also dissenting opinion]-Natan v. Capule, Adm Case No. 76, July 23, 1952-Hilado v. David, G.R. No. L-961, September 21, 1949-Palm v. Iledan, Jr., Adm. Case No. 8242. October 2, 2009

(Canon 22 – Withdrawal of Services for Good Cause and Upon Notice)

-Arambulo v. Court of Appeals, G.R. No. 105818, September 17, 1993-Nacuray v. NLRC, G.R. Nos. 114924-27, March 18, 1997-Orcino v. Gaspar, Adm. Case No. 3773, September 24, 1997-Municipality of Pililla, Rizal v. Court of Appeals, G.R. No. 105909, June 28, 1994-Laput v. Ramotigue, Adm. Case No. 219, September 29, 1962-Gonzaga v. Villanueva, Jr. Adm. Case No. 1954, July 23, 2004 -Venterez, et al v. Cosme, Adm. Case No. 7421, October 10, 2007-Domingo v. Aquino, G.R. No. L-28078, April 29, 1971-Obando v. Figueras, G. R. No. 134854, January 18, 2000

B. Representing conflicting interests

A Lawyer shall not represent conflicting interests Effect of termination of relation Materiality of confidential information

Foundation of, and reason for, the rule Opposing clients in same or related suits Opposing clients in unrelated actions New client against former client Conflicting duties Attorney's interest versus client's interest Rule applicable to law firm Limitations on general rule Where no conflict of interests exists Where clients knowingly consent Where no true attorney-client relationship exists Effects of representation of conflicting interests

Conflict of Interest

-Rosacia v. Bulalacao, Adm. Case No. 3745, October 2, 1995-Maturan v. Gonzales, Adm. Case No. 2597, March 12, 1998-Abragan, et al v. Rodriguez, Adm. Case No. 4346, April 3, 2002-Pormento, Sr. v. Pontevedra, Adm. Case No. 5128, March 31, 2005-Pacana v. Pascual-Lopez, Adm. Case No. 8243, July 24, 2009-Santos Ventura Hocorma Foundation, Inc. v. Funk, Adm. Case No. 9094, August 15, 2012-Nakpil v. Valdez, Adm. Case No. 2040, March 4, 1998

AUTHORITY OF ATTORNEY

A. In General

Power to bind client, generally Attorney as agent of client Collection of claims Acceptance of service of summons Delegation of authority Delegation of legal work

B. Authority to Appear

General considerationsAppearanceGeneral and special appearancePresumption of authorityPresumption disputable

Disclosure of authorityEffects of unauthorized appearanceRatification of unauthorized appearance

C. Conduct of Litigation

General considerations Determination of procedural questions Making admissions Entering into stipulations Agreement as to what witness would testify Compromise of cause of action Effect of want of special authority Ratification of unauthorized compromise Confession of judgment Dismissal of action or withdrawal of appeal Client's right to dismiss or compromise action Limitations on client's right Authority after judgment

D. Matters imputed to client

Knowledge acquired by attorney Notice to counsel as notice to client Notice to one as notice to other counsel; Exceptions Exceptions to rule that notice to counsel is notice to client Mode of service of notice Personal service preferred; explanation required Mistake or negligence of counsel binding upon client Exceptions to rule that negligence of counsel binds client

TERMINATION OF ATTORNEY'S AUTHORITY AND CHANGE OF COUNSEL

A. Termination of counsel's authority

General considerations Limitations on client's right Necessity of notice of discharge Effect of discharge of attorney Death or incapacity of client A Lawyer shall withdraw only for good cause Grounds for withdrawal without client's consent Procedure for withdrawal

Death of attorney Acceptance of incompatible office

B. Change or substitution of counsel

Change of counsel Requirements for substitution Defective substitution and effects thereof Employment of additional counsel

COMPENSATION OF ATTORNEY

A. Right to Attorney's fees

General considerations Right to protection of counsel fees Requisites for right to accrue Written agreement Quantum meruit Who is liable for attorney's fees? Liability of persons benefited by counsel's services Liability of assignee Liability in labor cases Liability in derivative suits Liability in receivership proceedings Liability in trusteeship or guardianship proceedings Liability in estate proceedings Who are entitled to or to share in attorney's fees? Non-lawyer not entitled to fees Restrictions on some lawyers to charge fees Right of counsel de oficio to fees Attorney's conduct affecting his right to fees Withdrawal of counsel from the case Representation of adverse interests Lawyer's right unaffected by client's conduct Attorney's discharge by client Client's dismissal of action

B. Contract for Attorney's fees

General considerations Kinds of retainer: general and special Validity of contract Effect of nullity of contract Effect of unconscionability of amount Contingent fee contract Validity of contingent fee

Effect of agreement to pay litigation expenses Construction of professional contract

C. Measure of Compensation

Amount fixed in valid contract Amount based on quantum meruit Where agreement is invalid Where amount stipulated is unconscionable Where there is no express contract Where attorney and client disregard contract Where counsel is precluded from concluding litigation Factors taken into account Nature of services Skill and standing of attorney Value of interest involved Loss of opportunity for other employment Difficulty of issues involved Test case Results secure Whether fee is contingent Capacity of clients to pay Statutory limitation as to fees Fees in cases of referral A Lawyer shall not receive fee from another without client's consent A Lawyer shall avoid controversies with clients concerning his fees

D. Procedure to recover fees

General considerations Lawyer's application to pay his fees Petition as incident of main action Independent civil action Remedies in estate proceedings Court jurisdiction Necessity of hearing Defenses Execution

E. Attorney's fees as damages

Two concepts of attorney's fees compared Fee as damages not recoverable – general rule Fees as damages recoverable – exception to rule Right to private counsel, a precondition

Award of attorney's fees discretionary Pleading and practice

ATTORNEY'S LIENS

General considerations Retaining and charging liens distinguished

A. Retaining Lien

Definition Nature and essence of retaining lien Requisites for validity Property to which lien attaches When lien attaches Bond for return of documents Extinguishment of retaining lien Satisfaction of lien

B. Charging Lien

Nature and essence of charging lien Requisites for validity of charging lien Recordal and notice of lien To what charging lien attaches Effects of charging lien Extinguishment of charging lien Assignment of charging lien Satisfaction of judgment Enforcement

Lien for Attorney's Fees

-Manalang, et al v. Angeles, Adm. Case No. 1558, March 10, 2003

-Tanhueco v. De Dumo, Adm. Case No. 1437, April 25, 1989

LIABILITIES OF ATTORNEY

A. Liability for Damages

Degree of care required Civil liability to client Liability for breach of fiduciary obligations Civil liability to third party; no counterclaim against him Libelous words in pleadings; privileged communication

Liability for costs of suit

B. Criminal Liability

Prejudicing client or revealing his secrets Representing adverse interests Introducing false evidence Misappropriating client's funds

C. Contempt of Court

Nature and purpose Kinds of contempt Acts constituting contempt Misbehavior Disobedience Publication concerning pending litigation Publication tending to degrade the court; disrespectful language in pleadings Misleading the court or obstructing justice Unauthorized practice of law Belligerent attitude Unlawful retention of client's funds Penalty for direct contempt, remedy Charge and hearing in indirect contempt Penalty

SUSPENSION AND DISBARMENT

A. In General General considerations Authority to discipline Purpose of disciplinary proceedings Administrative cases against lawyers a class of their own Duty to discipline or protect lawyers

B. Grounds for Discipline

General considerations Enumerated grounds not exclusive Misconduct before or incident to admission Misconduct committed outside Philippine jurisdiction

C. Breach of Duties to Court

General considerations

Obstructing justice and abuse of legal process Misleading the court Forum shopping Preferring false charges Introducing false evidence Blackmail; Violation of Canon 19 Willfully disobeying court orders and disrespect to court Using vicious or disrespectful language Continuing to practice after suspension

D. Breach of duties to Client

General considerations Negligence in the performance of duties Employment of unlawful means Deceit or misrepresentation Representing adverse interest and revealing client's secrets Purchasing client's property in litigation Failing to account or misappropriating client's property Collecting unreasonable fees Acting without authority Willfully appearing without being retained

E. Breach of Duties to the Bar

Unethical conduct, generally Defaming fellow lawyers Communicating with adverse party Encroaching upon business of another Soliciting business Advertising Cooperating in illegal practice of law Nonpayment of IBP dues

F. Other Grounds for Discipline

Nonprofessional misconduct, generally Gross immorality Conviction of crime involving moral turpitude Promoting to violate or violating penal laws Misconduct in the discharge of duties as a public officer Commission of fraud or falsehood Misconduct as notary public Other grounds for discipline

PROCEDURE FOR DISCIPLINE AND REINSTATEMENT

A. Investigation of charges

Nature of proceedings Proceedings are confidential Who and how instituted Action on, and investigation of, complaint Report of investigator and decision by Board of Governors Proceedings in the Supreme Court and by other courts Res Ipsa Loquitur Defenses generally Executive pardon Desistance of complaint Privileged communications Presumption; burden of proof; evidence required Modifying circumstances Judgment Dismissal of case Disciplinary sanctions; basic considerations Effects of suspension or disbarment Reinstatement Matters taken into account Effect of reinstatement

Reference: Agpalo, Ruben, Legal and Judicial Ethics (latest edition)