Legcounsel © Michelle Duguil 1
Legcounsel © Michelle Duguil 1
Advise in mass media allowed only when a lawyer renders legal aid
under the legal air program of the IBP
Rule 2.04 A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.
CANON 15
CANON 2
A lawyer shall make his legal services available in an efficient and
convenient manner compatible with the independence, integrity and
effectiveness of the profession
Rule 2.01 A lawyer shall not reject, except for valid reasons the cause of
the defenseless or the oppressed
GR: lawyer is duty bound to extend his legal services to any client,
whether good paying or not, regardless of his personal opinion to the
merits of the case
o E:
1. X in position to carry out the work effectively or
competently
2. He labors under conflict of interest between him and the
prospective client or between a present client and
prospective client (Rule 14.03)
Rule 2.02 In such a case, even if a lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to the extent
necessary to safeguard the latters rights
Rule 2.03 A lawyer shall not do or permit to be done any act designed
primarily to solicit legal business
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A lawyer shall observe candor, fairness and loyalty in all his dealings
and transactions with his client.
Rule 15.01 A lawyer in conferring with a prospective client, shall ascertain
as soon as practicable whether the matter would involve a conflict with
another client or his own interest, and if so, shall forthwith inform the
prospective client.
Rule 15.02 A lawyer shall be bound by the rule on privilege communication
in respect of matters disclosed to him by a prospective client.
GR: A lawyer may not invoke privilege communication to refuse revealing
a clients identity
o E:
1. When by divulging such identity, it would implicate the
client to the same controversy for which the lawyers
services were required
2. It would open client to civil liability
3. The disclosure of such identity will provide for the only link
in order to convict the accused, otherwise the government
has no case
Rule on revealing clients identity
GR: Lawyer may not reveal confidence or secrets of his clients
o E:
1. Authorized by the client after acquainting him of the
consequences of the disclosure
2. Required by law
3. Necessary to collect his fees or to defend himself, his
employees or associates or by judicial action
Requisites of PC:
1. Atty-client relationship (or a kind of consultancy relationship with a
prospective client
Michelle Duguil
2.
3.
Test: W/N in behalf of one client, it is the lawyers duty to fight for an
issue or claim but it is his duty to oppose if for the other client
A lawyer shall not allow his client to dictate as to how the case shall be
handled
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CANON 16
A lawyer shall hold in trust all moneys and properties of his client that may
come into his possession.
Attys lien
It is the right of the lawyer to have his interest secured upon all
judgments for the payment of money and execution issued in pursuance
of such judgments which he as secured in a litigation of his client from
and after the time when he shall have cause a statement of his claim of
such lien to be entered upon the records of the court rendering such
judgment or issuing such execution
When the lawyer enforces a charging lien against his client the attyclient relationship is terminated
Rule 16.01 A lawyer shall account for all money or property collected or
received for or from the client.
Rule 16.02 A lawyer shall keep the funds of each client separate and apart
from his own and those of others kept by him.
Rule 16.03 A lawyer shall deliver the funds and property of his client when
due or upon demand. However, he shall have a lien over the funds and may
apply so much thereof as may be necessary to satisfy his lawful fees and
disbursements, giving notice promptly thereafter to his client. He shall also
have a lien to the same extent on all judgments and executions he has
secured for his client as provided for the Rules of Court.
Rule 16.04 A lawyer shall not borrow money from his client unless the
clients interests are fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend money to a client except,
Michelle Duguil
Rule 18.04 A lawyer shall keep the client informed of the status of his case
and shall respond within a reasonable time to the clients request for
information.
Competence
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 diligence.
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.
Rule 18.02 A lawyer shall not handle any legal matter without adequate
preparation.
Rule 18.03 A lawyer shall not neglect a legal matter entrusted to him and
his negligence in connection therewith shall render him liable.
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CANON 19
A lawyer shall represent his client with zeal within the bounds 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.
Rule 19.02 A lawyer who has received information that his client has, in
the course of the representation, perpetuated a fraud upon a person or
tribunal, shall promptly call upon the client to rectify the same, and failing
which he has to terminate the relationship with such client in accordance
with the Rules of Court.
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Rule 19.03 A lawyer shall not allow his client to dictate the procedure in
handling the case.
CANON 21
Rule 21.03 A lawyer shall not, without the written consent of his client, give
information from his files to an outside agency seeking such information for
auditing, statistical, bookkeeping, accounting, data processing, or any other
similar purposes.
A lawyer shall preserve the confidences and secrets of his client even after
the attorney-client relation is terminated.
Rule 21.01 A lawyer shall not reveal the confidences or secrets of his client
except:
a) When authorized by the client after acquainting him of the
consequences of thedisclosure:
b) When required by law;
c) When necessary to collect his fees or to defend himself, his
employees or associates or by judicial action.
Rule 21.04 A lawyer may disclose the affairs of a client of the firm to
partners or associates thereof unless prohibited by the client.
Rule 21.02 A lawyer shall not, to the disadvantage of his client, use
information acquired in the course of employment, nor shall he use the same
to his own advantage or that of a third person, unless the client with full
knowledge of the circumstances consents thereto.
LEGCOUNSEL
Michelle Duguil