Legal Ethics in the Philippines

“I, _____ will uphold its constitution and obey the laws and legal systems of duly constituted authorities; I will not lie or accept what I do in court; I will not, knowingly or knowingly, promote or prosecute, assist, aid or accept any unfounded, false or illegal prosecution; I will not procrastinate anyone for money or malice and, as a lawyer, I will behave to the best of my knowledge and conviction, with all my loyalty to the court and my clients; and I impose these voluntary obligations on myself without any spiritual reservation or goal of escape. So help me God. (Form 28, RRC) 5) Enact regulations on the protection and enforcement of constitutional rights, pleading, practice and procedure before all courts, admission to the profession of lawyer, integrated bar association and legal assistance to the disadvantaged. CANON 3 – A lawyer may only use true, honest, fair, dignified and objective information or statements of fact when disclosing his or her legal services. Rule 3.04 – A lawyer may not pay or give anything of value to media representatives in anticipation of or in return for advertising in order to attract legal business. These principles raise questions: What does it mean to be a worthy human being? What is justice? What are rights? What is virtue? How can these concepts be applied in legal practice? Is there room for such concepts in legal practice, or should a lawyer, as someone once said, keep the values out of the courtroom? Rule 7.03 – A lawyer shall not engage in conduct that interferes with his or her ability to practise law, nor shall he or she behave scandalously in public or private life in order to discredit the legal profession. Rule 9.02 – A lawyer shall not share or share fees for legal services with persons who are not entitled to exercise that right, except: chanroblesvirtuallawlibrary Rule 2.03 – A lawyer shall not perform or permit any act primarily for the conduct of legal matters. The Supreme Court acts through a bar examination committee in the exercise of its judicial function to admit candidates to the legal profession. Rule 16.04 – A lawyer may borrow money from his client only if the client`s interests are fully protected by the nature of the case or by independent advice. Nor can a lawyer lend money to a client unless, in the interests of justice, he must advance the necessary costs in a legal matter he handles for the client.

CANON 5 – The lawyer must keep abreast of legal developments, participate in legal education programs, support efforts to achieve high standards in law schools and in the practical training of students, and help disseminate information about law and jurisprudence. CANON 4 – The lawyer participates in the improvement of the legal system by initiating or supporting efforts to reform and administer justice. (b) if a lawyer undertakes to carry out unfinished legal acts of a deceased lawyer; To promote the ethical practice of law, it is necessary to challenge lawyers to rid themselves of the cynicism and moral relativism prevalent in the legal profession and to discourage them from seeking ethical standards beyond mere exclusion. In addition to teaching the Code of Professional Responsibility and associated jurisprudence, legal ethics education must impart wisdom. Nevertheless, lawyers become, in the words of Miralles, obrar segun ciencia y conciencia (“acting according to science and conscience”). In her book “Deontologia Profesional del Abogado”, Angela Aparisi Miralles identifies three principles on which legal ethics is based. The first is the centrality of the person and his dignity, considering that the profession of lawyer is exercised by people and is at the service of people. The second is the end (telos) of the legal profession, which is the defense of rights and the maintenance of justice in social relations. The third is that of professional virtues, with an emphasis on prudence, defined as the capacity for good judgment.

In the Philippines, standards of legal ethics are set out in the Code of Professional Responsibility as a set of duties that lawyers have towards society, the courts, their clients and their peers. Based on my experience in law school and my MCLE lectures, the teaching of legal ethics has been limited to the canons of the Code of Professional Responsibility and related jurisprudence. The focus is on what a lawyer should or should not do to avoid exclusion. Requirement of good character: an ongoing requirement; Good character is not only a condition precedent for admission to the profession of lawyer, but it must also remain intact in order to maintain its good reputation in this exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998) Rule 3.01 – A lawyer shall not use or permit the use of false, fraudulent, misleading, deceptive, unworthy, self-imputed or unfair statements or allegations relating to his or her legal qualifications or services. Rule 1.02 – A lawyer may not advise or assist in activities aimed at disobeying the law or reducing confidence in the legal system. Rule 18.02 – A lawyer cannot deal with legal matters without adequate preparation. CANON 1 – The lawyer must respect the Constitution, obey the laws of the land and promote respect for the law and the judicial process Rule 2.02 – In such a case, even if a lawyer does not accept a case, he may not refuse to provide legal advice to the person concerned, if only to the extent that: necessary to protect their rights.

Rule 18.03 – A lawyer may not neglect a legal matter entrusted to him and his negligence in this respect engages his liability. Rule 14.02 – A lawyer shall not, except for serious and sufficient reasons, refuse to be appointed public counsel or amicus curiae or an application for free legal aid from the Integrated Bar Association of the Philippines or any of its chapters. Rule 16.02 – A lawyer shall keep each client`s funds separate from his own and those of other persons in his or her custody. (f) when the advocate is elected or appointed to public office; and (g) other similar cases. Lawyer – The common and popular name of a lawyer litigating on behalf of another person. The practice of law is a privilege granted only to those who possess the RIGOROUS INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers, which are instruments of effective and efficient administration of justice. (In Re: Argosino, 1997). CANON 6 – THESE CANONS APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE PERFORMANCE OF THEIR DUTIES. Of Counsel – to distinguish them from registered lawyers, associate lawyers are called “of counsel” (5 Am. Jur. 261). Current foundation of the Philippine legal system: Code of Professional Responsibility.

Attorney in fact – a representative whose authority is strictly limited by the act appointing him, although he may do things that were not mentioned in his appointment, which are necessary for the exercise of the functions required by the power of attorney who appoints him, this power of attorney being necessarily implied. He is not necessarily a lawyer. Rule 6.02 – A public servant shall not use his or her public office to promote his or her private interests or allow them to infringe on his or her public functions. Staff members with limitations in the exercise of their rights: Rule 20.04 – Lawyers avoid disputes with their clients over compensation and may take legal action only to prevent taxation, injustice or fraud. Counsel de Oficio – a lawyer appointed or appointed by the court from among the distinguished members of the Bar Association who, thanks to their experience and skills, are able to adequately defend the accused. BENCH – means all consultants, together members of (b) the novelty and difficulty of the issues involved; Rule 18.04 – The lawyer shall keep the client informed of the status of his or her case and respond to the client`s request for information within a reasonable time. (f) the usual fees for similar services and the schedule of fees set out in the IBP Chapter of which he is a member; Then there is the ability of lawyers to “legalize” themselves from the Code of Professional Responsibility, which allows them to commit unethical acts without violating the literal text of the Code`s canons. CANON 15 – THE LAWYER MUST RESPECT OPENNESS, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS WITH HIS CLIENTS. CANON 9 – A LAWYER MAY NOT ASSIST DIRECTLY OR INDIRECTLY IN THE UNAUTHORIZED EXERCISE OF RIGHTS.

(c) if the client`s inability to cooperate with a lawyer is not in the best interests of the client; These prohibitions apply for a period of one (1) year after resignation, retirement or termination of public office, except as referred to in paragraph (b)(2) above, but the professional concerned may not practise his profession in connection with a matter before the Agency in which he or she previously worked; In this case, the one-year ban also applies.

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