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LEGAL ETHICS Final Exam Reviewer
LEGAL ETHICS Final Exam Reviewer
Lawyer's Oath
I, _______, do solemnly swear that I will maintain
allegiance to the Republic of the Philippines; I will
support its Constitution and obey the laws as well
as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor
consent to the doing of any in court; I will not
wittingly or willing promote or sue any
groundless, false, or unlawful suit, nor give aid
nor consent to the same; I will delay no man for
money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and
discretion with all good fidelity as well to the courts
as to my clients; and I impose upon myself this
voluntary obligation without mental reservation or
purpose of evasion. So help me God.
Duties of an attorney
Rule 138, Sec. 20.
f.
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-race
-sex
-creed, or
-status of life; or because of his own
-opinion regarding the guilt of said accused.
Grounds
judges
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for
disqualification,
inhibition
of
Non-Forum Shopping
Rule 12.02 a lawyer shall not file multiple actions
arising from the same cause.
Forum Shopping the act of filing repetitious suits
in different courts. It is committed through the
following:
Confidentiality/privileged communications
CANON 21 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 the
disclosure;
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 21.02 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.
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 similar purpose.
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 21.05 a lawyer shall adopt such measures
as may be required to prevent those whose services
are utilized by him, from disclosing or using
confidences or secrets of the client.
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BAR DISCIPLINE
SC has full authority to: (WARDS)
-Warn,
-Admonish,
-Reprimand,
-Disbar, and
-Suspend a lawyer.
-deceit,
-malpractice, or
-other gross misconduct in such office,
-grossly immoral conduct, or
-by reason of his conviction of a crime involving
moral turpitude, or
-for any violation of the oath which he is required
to take before admission to practice, or
-for a wilful disobedience of any lawful order of a
superior court, or
-for corruptly or wilfully appearing as an
attorney for a party to a case without authority
so to do.
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Quantum
of
Evidence
Required:
convincing and satisfactory evidence
clear,
2.
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1.
2.
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2.
3.
4.
5.
6.
1.
2.
3.
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3.
to prevent imposition
to prevent injustice
to prevent fraud
2.
Contingent fee
payable in cash
is
2. Lawyers do not
undertake to pay all
expenses
of
litigation
1. Payable in kind
ONLY
2.Lawyers
undertake to pay
all expenses of
litigation
3. Not prohibited
3. Void
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1.
2.