Canon 17-19 Explanation, Agpalo

CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND
HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
When a lawyer takes a clients cause, he thereby covenants that he will exert
all effort for its protection until its final conclusion. The failure to exercise due
diligence and the abandonment of a clients cause make such a lawyer
unworthy of the trust which the client has reposed on him.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND

DILIGENCE.
RATIO: Because a client may reasonably expect that counsel will make good his
representations.
Competence sufficiency of lawyers qualifications to deal with the matter

in question and includes knowledge and skill and the ability to use them
effectively in the interest of the client
Diligence is the attention and care required of a person in a given situation

and is the opposite of negligence.
Rule 18.01 - A lawyer shall not undertake a legal service which he knows or should
know that he is not qualified to render. However, he may render such service if, with
the consent of his client, he can obtain as collaborating counsel a lawyer who is
competent on the matter.
The fiduciary nature of attorneyclient relationship prohibits this.
A lawyer should not accept an undertaking in specific area of law which he

knows or should know he is not qualified to enter.
Rule 18.02 - A lawyer shall not handle any legal matter without adequate
preparation.
This is the reason why a practicing lawyer should accept only so many cases
he can handle. Once he agrees to handle a case, he should undertake the
task with dedication and care. If he should do any less then he is not true to
his oath as a lawyer.
Rule 18.03 - A lawyer shall not neglect a legal matter entrusted to him, and his
negligence in connection there with shall render him liable.
It should be remembered that the moment the lawyer takes a clients cause,
he covenants that he will exert all effort for its prosecution until its final
conclusion. A lawyer who fails to exercise due diligence or abandons his
clients cause makes him unworthy of the trust reposed on him
Rule 18.04 - A lawyer shall keep the client informed of the status of his case and
shall respond within a reasonable time to clients request for information.
A client is entitled to the fullest disclosure of the mode or manner by which

that clients interest ins defended or why certain steps are taken or omiited.
The purpose of this rule is to make the clients participation in a decisions

concerning the legal representation meaningful and assures the client that
matters of importance are not being left unresolved.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN

THE BOUNDS OF THE LAW.
Because while a lawyer is expected to defend his clients cause with zeal, he
must not do so in disregard of the truth and defieance of the clear purpose of
the law.
Rule 19.01 - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.
This is consistent with the lawyers first duty is to the administration of justice
and not to the cause of his client.
Rule 19.02 - A lawyer who has received information that his client has, in the
course of the representation, perpetrated a fraud upon a person or tribunal, shall
promptly call upon the client to rectify the same, and failing which he shall
terminate the relationship with such client in accordance with the Rules of Court.
This rule merely requires the lawyer to terminate his relationship with the
client in the event the latter fails or refuses to rectify the fraud.
Note: A lawyer may not volunteer the information concerning the clients
commission of fraud to anybody, as it will violate his obligation to maintain
his clients secrets undisclosed.
Rule 19.03 - A lawyer shall not allow his client to dictate the procedure on handling
the case.
A lawyer should seek instruction from his client on any substantial matter
concerning the litigation, which requires decision on the part of the client (i.e.
whether to compromise the case, or to appeal an unfavorable judgment.)
In procedural matters, the client must yield to the lawyer.
In matters of law, it is the client who should yield to the lawyer and not the
other way around. Reasons: Lawyers duty to the court is foremost. The
dignity of the legal profession may be compromised.

Canon 17-19 Explanation, Agpalo

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CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND

HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND

Competence sufficiency of lawyers qualifications to deal with the matter

Diligence is the attention and care required of a person in a given situation

The fiduciary nature of attorneyclient relationship prohibits this.

A lawyer should not accept an undertaking in specific area of law which he

A client is entitled to the fullest disclosure of the mode or manner by which

The purpose of this rule is to make the clients participation in a decisions

CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN

In procedural matters, the client must yield to the lawyer.

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