used. The continued use of the name of a Rule 7.

01 - A lawyer shall be answerable for

deceased partner is permissible provided that knowingly making a false statement or
the firm indicates in all its communications that suppressing a material fact in connection with
said partner is deceased. his application for admission to the bar.
Rule 3.03 - Where a partner accepts public Rule 7.02 - A lawyer shall not support the
office, he shall withdrawal from the firm and his application for admission to the bar of any
name shall be dropped from the firm name person known by him to be unqualified in
unless the law allows him to practice law respect to character, education, or other
currently. relevant attribute.
Rule 3.04 - A lawyer shall not pay or give Rule 7.03 - A lawyer shall not engage in
anything of value to representatives of the conduct that adversely reflects on his fitness to
mass media in anticipation of, or in return for, practice law, nor shall he whether in public or
publicity to attract legal business. private life, behave in a scandalous manner to
the discredit of the legal profession.
CANON 6 - THESE CANONS SHALL APPLY
TO LAWYERS IN GOVERNMENT SERVICES
IN THE DISCHARGE OF THEIR TASKS. CANON 8 - A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS AND
Rule 6.03 - A lawyer shall not, after leaving
CANDOR TOWARDS HIS PROFESSIONAL
government service, accept engagement or
COLLEAGUES, AND SHALL AVOID
employment in connection with any matter in
HARASSING TACTICS AGAINST OPPOSING
which he had intervened while in said service.
COUNSEL.
Adverse-interest conflicts exist where the
Rule 8.02 - A lawyer shall not, directly or
matter in which the former government lawyer
represents a client in private practice is indirectly, encroach upon the professional
substantially related to the matter that the employment of another lawyer, however, it is
lawyer dealt with while employed by the the right of any lawyer, without fear or favor, to
government and the interests of the give proper advice and assistance to those
government and the interests of the current seeking relief against unfaithful or neglectful
and former are adverse. counsel.

In congruent-interest representation
conflict, the disqualification does not really CANON 9 - A LAWYER SHALL NOT,
involve a conflict at all, because it prohibits the DIRECTLY OR INDIRECTLY, ASSIST IN THE
lawyer from representing a private practice UNAUTHORIZED PRACTICE OF LAW.
client even if the interests of the former
 
government client and the new client are
entirely parallel. Rule 9.01 - A lawyer shall not delegate to any
NOTE: “Congruent-interest representation unqualified person the performance of any task
conflict,” unlike the “adverse-interest conflict,” which by law may only be performed by a
is unique to former government lawyers. member of the bar in good standing.
Rule 9.02 - A lawyer shall not divide or
CHAPTER II. THE LAWYER AND THE LEGAL
stipulate to divide a fee for legal services with
PROFESSION
persons not licensed to practice law, except:
CANON 7 - A LAWYER SHALL AT ALL TIMES
(a) Where there is a pre-existing agreement
UPHOLD THE INTEGRITY AND DIGNITY OF
with a partner or associate that, upon the
THE LEGAL PROFESSION AND SUPPORT
latter's death, money shall be paid over a
THE ACTIVITIES OF THE INTEGRATED BAR.
 reasonable period of time to his estate or to offenses in accordance
persons specified in the agreement; or with the rules on
impeachment.
(b) Where a lawyer undertakes to complete
unfinished legal business of a deceased CANON 12 -
lawyer; or
 
(c) Where a lawyer or law firm includes non- Rule 12.01 - A lawyer shall not appear for trial
lawyer employees in a retirement plan even if unless he has adequately prepared himself on
the plan is based in whole or in part, on a profit the law and the facts of his case, the evidence
sharing agreement. he will adduce and the order of its proferrence.
He should also be ready with the original
CHAPTER III. THE LAWYER AND THE documents for comparison with the copies.
COURTS Rule 12.02 - A lawyer shall not file multiple
CANON 10 - A LAWYER OWES CANDOR, actions arising from the same cause.
FAIRNESS AND GOOD FAITH TO THE Possible consequences of forum shopping
COURT. 1. Summary dismissal without prejudice unless
there is a willful or deliberate forum-shopping
 Rule 10.02 - A lawyer shall not knowingly
(Sec. 5, Rule 7, RRC).
misquote or misrepresent the contents of a
2. Penalty for direct contempt of court on the
paper, the language or the argument of party and his lawyer in case of willful and
opposing counsel, or the text of a decision or deliberate forum-shopping (Sec. 5, Rule 7,
authority, or knowingly cite as law a provision RRC).
already rendered inoperative by repeal or 3. Criminal action for a false certification of
amendment, or assert as a fact that which has non-forum shopping and indirect contempt
not been proved. 4. Disciplinary proceedings for the lawyer
concerned (Sec. 5, Rule 7, RRC)
CANON 11 -
Rule 12.03 - A lawyer shall not, after obtaining
Rule 11.05 - A lawyer shall submit grievances extensions of time to file pleadings,
against a Judge to the proper authorities only. memoranda or briefs, let the period lapse
NATURE OF WHERE TO without submitting the same or offering an
THE CASE FILE explanation for his failure to do so.
If administrative It shall be filed
Rule 12.04 - A lawyer shall not unduly delay a
in nature with the Office of
the Court case, impede the execution of a judgment or
Administrator of misuse Court processes.
the Supreme Rule 12.05 - A lawyer shall refrain from talking
Court. to his witness during a break or recess in the
If criminal and It shall be filed
trial, while the witness is still under
not purely with the Office of
administrative the Ombudsman, examination.
also with the Rule 12.06 - A lawyer shall not knowingly
OCP. assist a witness to misrepresent himself or to
If it involves a It must be impersonate another.
Justice of the coursed through
Supreme Court the House of Rule 12.07 - A lawyer shall not abuse,
based on Representative browbeat or harass a witness nor needlessly
impeachable and the Senate inconvenience him.
Rule 12.08 - A lawyer shall avoid testifying in
behalf of his client, except: Q: Is there an instance when a lawyer may
accept losing case? (1996, 2001, 2002, 2005
(a) on formal matters, such as the mailing, Bar Questions)
authentication or custody of an instrument, and a. In criminal case?
the like; or b. In civil case?
A:
(b) on substantial matters, in cases where his
a. A lawyer may accept a “losing”
testimony is essential to the ends of justice, in criminal case since an accused is
which event he must, during his testimony, presumed to be innocent until his guilt is
entrust the trial of the case to another counsel. proven beyond reasonable doubt.
Furthermore, CPR provides that a
lawyer shall not decline to represent a
CANON 13 - A LAWYER SHALL RELY UPON
person because of his opinion regarding
THE MERITS OF HIS CAUSE AND REFRAIN the guilt of said person. Otherwise
FROM ANY IMPROPRIETY WHICH TENDS innocent persons might be denied
TO INFLUENCE, OR GIVES THE proper defense (CPR, Rule 14.01).
APPEARANCE OF INFLUENCING THE b. A lawyer may also accept a losing
COURT. civil case, provided that, in so doing, he
must not engage in dilatory tactics and
 
must advise his client about the
Rule 13.01 - A lawyer shall not extend
prospects and advantage of settling the
extraordinary attention or hospitality to, nor
case through a compromise to the
seek opportunity for cultivating familiarity with
extent of representing indigents,
Judges.
defenseless and the oppressed.
Rule 13.02 - A lawyer shall not make public
Rule 14.02 - A lawyer shall not decline, except
statements in the media regarding a pending
for serious and sufficient cause, an
case tending to arouse public opinion for or
appointment as counsel  de officio or as amicus
against a party.
curiae, or a request from the Integrated Bar of
the Philippines or any of its chapters for
CHAPTER IV. THE LAWYER AND THE rendition of free legal aid.
CLIENT
Rule 14.03 - A lawyer may not refuse to accept
CANON 14 - A LAWYER SHALL NOT representation of an indigent client if:
REFUSE HIS SERVICES TO THE NEEDY.
(a) he is not in a position to carry out the work
  effectively or competently;
Rule 14.01 - A lawyer shall not decline to
(b) he labors under a conflict of interest
represent a person solely on account of the
between him and the prospective client or
latter's race, sex. creed or status of life, or
between a present client and the prospective
because of his own opinion regarding the guilt
client.
of said person.
Rule 14.04 - A lawyer who accepts the cause
Reasons why a lawyer may not accept a
“losing case” of a person unable to pay his professional fees
The attorney’s signature in every pleading shall observe the same standard of conduct
constitutes a certificate by him that there is governing his relations with paying clients.
good cause to support it and that it is not
interposed for delay, and willful violation of
CANON 15 - A LAWYER SHALL OBSERVE
such rule shall subject him to disciplinary
action; CANDOR, FAIRNESS AND LOYALTY IN ALL
HIS DEALINGS AND TRANSACTIONS WITH Payable in cash Payable in kind -
HIS CLIENTS. – dependent on a portion of the
the success of thing or property
  the litigation recovered as
Rule 15.03. - A lawyer shall not represent compensation
Lawyers do not Lawyers
conflicting interests except by written consent
undertake to pay undertake to pay
of all concerned given after a full disclosure of
all expenses of all expenses of
the facts. litigation litigation
Rule 15.04. - A lawyer may, with the written Valid Void
consent of all concerned, act as mediator,
conciliator or
Instances when the measure of quantum
meruit may be resorted to (2007 Bar
Acceptance Fee Question)
An acceptance fee is not a contingent fee, but 1. There is no express contract for payment of
is an absolute fee arrangement which entitles a attorney’s fees agreed upon between the
lawyer to get paid for his efforts regardless of lawyer and the client;
the outcome of the litigation. 2. Although there is a formal contract for
attorney’s fees, the stipulated fees are found
Contingency fee contract unconscionable or unreasonable by the court;
One which stipulates that the lawyer will be 3. The contract for attorney’s fees is void due
paid for his legal services only if the suit or to purely formal matters or defects of execution
litigation ends favorably to the client (Taganas 4. The counsel, for justifiable cause, was not
v. NLRC, G.R. No. 118746, September 7, able to finish the case to its conclusion;
1995). It is like a contract subject to a 5. Lawyer and client disregard the contract for
suspensive condition wherein the obligation to attorney’s fees; and
pay the counsel is based upon the outcome of 6. The client dismissed his counsel before the
the case. termination of the case.

Champertous contract Two concepts of attorney’s fees

Is one where the lawyer stipulates with his 1. Ordinary attorney's fee – The reasonable
client in the prosecution of the case that he will compensation paid to a lawyer by his client for
bear all the expenses for the recovery of things the legal services he has rendered to the latter
or property being claimed by the client, and the (Pineda, 2009).
latter agrees to pay the former a portion of the NOTE: The basis for this compensation is the
thing or property recovered as compensation. It fact of his employment by and his agreement
is void for being against public policy (like with the client.
gambling).
NOTE: A champertous contract is considered 2. Extraordinary attorney's fee – An indemnity
void due to public policy, because it would for damages ordered by the court to be paid by
make him acquire a stake in the outcome of the losing party in litigation.
the litigation which might lead him to place his NOTE: The basis for this is any of the cases
own interest above that of the client (Bautista provided for by law where such award can be
v. Gonzales, A.M. No. 1625, February 12, made, such as those authorized in Article 2208
1990). of the Civil Code, and is payable to the client,
NOT to the lawyer unless they have agreed
Contingent v. CHAMPERTOU that the award shall pertain to the lawyer as
Champertous S CONTRACT additional compensation or as part thereof.
contract
CONTINGENT
CONTRACT
Rule 20.03 - A lawyer shall not, without the full 3. When government’s lawyers have no case
knowledge and consent of the client, accept against an attorney’s client and revealing the
any fee, reward, costs, commission, interest, client’s name would furnish the only link that
rebate or forwarding allowance or other would come from the chain of testimony
compensation whatsoever related to his necessary to convict him.
professional employment from anyone other
than the client. CANON 22 - A LAWYER SHALL WITHDRAW
HIS SERVICES ONLY FOR GOOD CAUSE
AND UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
CANON 21 -  
Rule 22.01 - A lawyer may withdraw his
 
services in any of the following case:
Rule 21.01 - A lawyer shall not reveal the
confidences or secrets of his client except; (a) When the client pursues an illegal or
immoral course of conduct in connection with
(a) When authorized by the client after
the matter he is handling;
acquainting him of the consequences of the
disclosure; (b) When the client insists that the lawyer
pursue conduct violative of these canons and
(b) When required by law;
rules;
(c) When necessary to collect his fees or to
(c) When his inability to work with co-counsel
defend himself, his employees or associates or
will not promote the best interest of the client;
by judicial action.
(d) When the mental or physical condition of
Rule 21.02 - A lawyer shall not, to the
the lawyer renders it difficult for him to carry
disadvantage of his client, use information
out the employment effectively;
acquired in the course of employment, nor
shall he use the same to his own advantage or (e) When the client deliberately fails to pay the
that of a third person, unless the client with full fees for the services or fails to comply with the
knowledge of the circumstances consents retainer agreement;
thereto.
(f) When the lawyer is elected or appointed to
Rule 21.04 - A lawyer may disclose the affairs public office; and
of a client of the firm to partners or associates (g) Other similar cases.
thereof unless prohibited by the client.
Rule 22.02 - A lawyer who withdraws or is
Rule 21.07 - A lawyer shall not reveal that he discharged shall, subject to a retainer lien,
has been consulted about a particular case immediately turn over all papers and property
except to avoid possible conflict of interest. to which the client is entitled, and shall
cooperative with his successor in the orderly
GR: A lawyer may not invoke privileged
communication to refuse revealing a client’s transfer of the matter, including all information
identity. necessary for the proper handling of the
XPNs: matter.
1. When there is a strong possibility that
revealing the client’s name would implicate the
client in the very activity for which he sought
the lawyer’s advice;
2. When disclosure would open the client to
civil liability;