Professional Documents
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Reviewer in Legal Ethics
Reviewer in Legal Ethics
Lawyer’s Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines,
I will support the 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 willingly promote or sue any groundless, false or unlawful suit or 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 as to the courts as to my clients;
And impose upon myself these voluntary obligations w/o any mental reservation or purpose of evasion. So help me
God.
Legal ethics- it is the branch of moral science which treats of the duties which an atty owes to the court, to his
clients to his colleagues in the profession and to the public as embodied in the Constitution, Code of Professional
Responsibility, Code of Professional Ethics, Jurisprudence, Rules of Court , Moral Law and Special Laws.
Atty-at-law- is a person admitted to practice law in his respective state and authorize to perform both civil and
criminal legal functions for clients, including drafting of legal documents, giving of legal advice and representing
such before courts, administrative agencies, boards, etc.,
Bar admissions- act by which one is licensed to practice before courts of a particular state or jurisdiction after
satisfying certain requirements such as bar examinations, period of residency on grounds of reciprocity after period
of years as a member of bar of another jurisdiction.
Lawyer – this is the general term for a period trained in the law and authorize to advise or represent other in legal
matters.
Trial lawyer- a lawyer who personally handles cases in court, administrative agencies or boards which means
engaging in actual trial work either for the prosecution or for the defense of cases of clients.
Will the case prosper if there is no authority and you are practicing law?
-Nom it will not prosper because there is no atty-CIint relationship.
Discussion
1. Rule 138 Sec 20
2. Privilege
3. Legal profession from business
4. Lawyers are priest of justice
5. Non-lawyers who are authorize to appear in court (sec 34, rule 138)
6. Sec 7, rule 116
7. Rule 138-A
-good moral is a continuing requirement before, during and after passing the bar
8. Labor Arbiter (art 222)
9. Partnerships with non-lawyers (VALID OR VOID)
-VOID
10. Public officials who cannot practice law – p33
11. Public officials with restriction in the practice of law p.34
12. Appearance
13. Remedy of an unauthorized justice?
14. Lawyers oath
15. Bar and bench
16. Notary public
17. Amicus curiae
18. Bar association
19. Breach to promise marriage/marry
20. Grossly immorality p.58
21. Pari delicto
22. Sui generis
23. Defiance of the law- canon 1 rule 1.0.2 p.60
24. Tv ads or radio – canon 4 and 5
25. Legal business -canon 2
26. Death or partner- canon 2 p90
27. The best advertising – p.90 canon 3
-is the talent or skills.
Exceptions on advertising:
-giving ordinary professional cards.
28. Full page ads (unethical or ethical)
-Allowed, if made by the client
-The client has control
29. Disbarment proceedings
-sui generis
30. Streamer
Ex. Congrats for passing the bar 2.1.03
31. Barratry vs Ambulance Chasing- 1.04
-Ambulance chasing
*Barratry walang kaso
Ambulance chasing and barratry are both improper
32. Next meeting: MCLE – CANON 5 AND IBP DUES
*Canon 5
3-fold obligation
1. To continue improving his knowledge of the law (owes it to himself)
2. To take an active interest in the maintenance of high standards of legal education (profession)
3. To make the law a part of their social consciousness (lay public)
Exempted:
1. Some lawyers are exempted like justices of the SC
2. Some law professors
3. Sandiganbayan
4. Law deans
5. Court of Appeals
6. RTC Judges
7. Members of Congress
*IBP Dues/Section 3
a. Membership dues shall accrue and shall be collected annually on or before 10 th of January or upon the
enrollment of a new member in the amount of 2,000 pesos.
b. Membership dues shall cover 1 whole year, from January to December of the given year.
c. Payment made beyond January 10 shall be assessed a penalty of 10 % per year
Section 4
a. Lifetime membership- shall be in the amount of 25,000 Pesos
b. Any lawyer who wishes to avail the lifetime membership must meet all qualifications
(UNFINISHED)
DISCUSSION:
*UDID
Unlawful, Dishonest, Immoral, Deceit
*6.01-
-revolving door principle
- highly unethical practice
-Entering gov’t service
-Leaving service afterwards
-Carrying w/ him contacts, influence and other information
Not discussion
*Canon 7
Requirements for all applicants:
1. Must be a citizen of the Philippines
2. 21 years of age
3. Of good moral character
4. Must be a resident of the Philippines
5. Must produce before the SC satisfactory evidence of good moral character
6. And that no charges against him, involving moral turpitude have been filed or pending in any court in the
phil.
Additional requirements:
1. Must satisfactorily show that they have regularly studied law for 4 years
2. And successfully completed all prescribed courses in a law schools or university
3. Must be officially approved and recognized by the Secretary of Education
Discussion:
Atty Reyes vs Atty Chong
Mambaliza vs Tenorio (rule 1.01) -violation UDID)
NLRC vs POEA
10.02 must be verbatim to avoid misleading the court
Canon 15.02
Canon 16
Quantum Meruit – a reasonable sum of money to be paid for services rendered when the amount is due
Sec 24, rule 138
Question 2
Atty X appeared as counsel for plaintiff for damage suit. Judgement was rendered in favor of X
-yung property na involve hindi subject sa litigation
*canon 12
Guivarra vs palana
IBIBIGAY SA EXAM YUNG FOUR ELEMENTS
Elements of Article 1491 (Civil Code; Laig vs. CA, 82 SCRA 294)
1. There must be an attorney-client relationship
2. The property or interest of the client must be in litigation
3. The attorney takes part as counsel in the case
4. The attorney by himself or through another purchases such property or interest during the pendency
of the litigation.
5. This also includes lease and mortgage.
General Rule: A lawyer may not purchase, even at a public or judicial auction, in person or through the
mediation of another, any property or interest involved in any litigation in which he may take part by
virtue of his profession. This prohibition is entirely independent of fraud and such need not be alleged or
proven.
Effects:
a. Malpractice on the part of the lawyer and may be disciplined for misconduct
b. Transaction is null and void
Exceptions:
1. Property is acquired by lawyer through a contingent fee arrangement
2. Any of the 4 elements of Art. 1491 is missing
*Rule 17
*Rule 18
*Memorize canon 20 at least five
*2 concept of atty fees
- ordinary
- extraordinary
*it is conclusive
Kinds of payment
1. Fixed or absolute
2. Contingent fee
3. Fixed fee from basis of his work
*champertous contract
*differentiate champertous vs contingent fee
*canon 9.02
-it is immortal to share atty’s fees