CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
Contempt Proceedings are distinct and separate from
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
As an officer of the court, it is his duty to uphold the dignity and
authority of the court which he owes fidelity accdg. to the oath he has
taken. Respect for the courts guarantees the stability of our democratic
institutions which, without respect, would be resting on a very shaky
foundation.
Canon 11 also speaks respect due to the judicial officers. Thus,
lawyers must also extend respect to the clerk of the court.
Illustration of violation of the rule:
a. Stating in a radio interview that a judge was ignorant of the
law and he is studying mahjong rather than studying law.
b. Arguing in motion for reconsideration that the lawyer who
filed it was a big name “Claro M. Recto”.
c. Pleadings that uses offensive and intemperate language as a
means of harassing judges whose decisions unfavorable to
them.
A. Forms of Disrespect to the Court:
1. Disregard from the court orders is disrespect to the court;
examples:
a. Failure to file a reply as ordered by the SC is sanctionable.
b. Disobeying a TRO issued by the CA.
- Court orders however erroneous they may be, must be
respected especially by lawyers who are by themselves officers
of the courts because of the respect and consideration that
should be extended to the judicial branch of the gov’t.
2. Harassment of judges is also disrespect to the Court.
The filing of baseless and frivolous administrative
complaints against judges is a clear harassment to exact
vengeance for rendering adverse judgments. A counsel can also
be held to account for assisting a client in filing an utterly
unmeritorious administrative complaint against a judge because
it is a form of harassment and an attempt to unduly influence
the course of the appeal.
3. Unexplained failure to appear at scheduled hearing is
disrespect and an indirect contempt:
A lawyer without any explanation or justification
shows disrespect and degrading the administration of justice.
The lawyer must apologize for his non- appearance in court.
Even if the petition become moot and academic, the counsel
must still appear at the hearing. It is indirect contempt bec. of
disobedience or resistance to a lawful write, order, judgment or
command by the court.
B. Remedies in case of a biased and prejudiced judge:
The bias and prejudice of a trial judge is a valid reason
for voluntary inhibition of the judge under Rule 137, Sec. 1
(par2). Mere suspicion that a
judge is partial is not enough, there must be clear and convincing
evidence to prove the charge.
C. Power of Contempt by the Court:
a. The power of contempt should be exercised on the preservative
to uphold respect due to it and not on the vindictive principle.
b.
disciplinary or disbarment cases.
c. Contempt in facie curiae (in the face of the court) is determined
by the trial judge and could be summarily punished without
hearing.
d. Disrespectful language in a pleading may also be committed
indirectly, by annuendo or sarcastically.
e. The disrespect may be committed against the court and the
judiciary in general.
f. The disrespect may be committed in a perverted reasoning or
argument stated in pleading.
g. Want of intention is not an excuse for the disrespectful language
used. The counsel cannot claim that his words did not mean what
any reader must have understood them as meaning.
h. The subsequent deletion of the paragraph containing the
disrespectful language, made through an amendment, does not
erase the fact that is has been made. Thus, it cannot be a defense
in a charge of indirect contempt.
i. Lawyers facing direct contempt may not be allowed to retire
from practice of law bec. it would negate the power to punish
him for contempt.
Differences of Direct and Indirect Contempt:
Indirect or constructive contempt:
a. The contemnor may be punished only “after the charge in
writing has been filed, and an opportunity has been given to the
accused to be heard by himself or counsel.”
b. It is appealable.
Direct contempt:
a. The respondent may be summarily adjudged in contempt.
b. Only judgments of contempt by MTCs, MCTCs and MeTCs are
appealable.
Using contemptuous language in pleadings directed against a
particular judge but presented in another court or proceeding
constitutes indirect contempt. But if said pleading is submitted before
the same judge, it would be direct contempt.
Rules on Contempt under Rule 71 of the Rules of
Court:
A. Any person may be punished for Direct contempt if the
person is guilty of misbehavior in the presence of or so near a
court as to obstruct or interrupt in the proceedings before the
same, including:
- disrespect toward the court,
- offensive personalities toward others,
- or refusal to be sworn or to answer as a witness,
- or to subscribe an affidavit or deposition when
lawfully required to do so.
PENALTY:
Contempt committed against:
RTC/CA/SC: Fine not exceeding 2,000 pesos or imprisonment
not exceeding 10 days or both.
Lower court: fine not exceeding or imprisonment not exceeding
1 day or both.

B. Any person may be punished for Indirect Contempt in any of
the following acts (SEC. 3):
a. Misbehavior of an officer of a court in the performance of
his duties.
b. Disobedience or resistance to a lawful order.
c. Any abuse of or any unlawful interference with the
proceedings of a court.
d. Any improper conduct which tends directly or indirectly
to impede, obstruct, or degrade the administration of
justice.
e. Assuming to be an attorney or an officer of a court and
acting as such without authority.
f. Failure to obey a subpoena duly served.
g. The rescue or attempted rescue of a person or property in
custody of an officer by virtue of an order of the court
held by him.
NOTE: Nothing in the section shall be construed as to prevent
the court from issuing process to bring the respondent into
court, or from holding him in custody pending such
proceedings.
How to commence proceedings:
1. May be initiated by the court against which the contempt
was committed by an order or formal charge requiring the
respondent to show cause why he should not be punished
for contempt.
2. Commenced by a verified petition with supporting
particulars and documents to support the petition.
Where to File: where the charge for indirect contempt has been
committed against a:
a. RTC/court of equivalent/higher Court should be charged/filed
with such court.
b. If in lower court should be filed in RTC
Hearing: respondent may be released from custody upon filing of the
bond.
PENALTY:
Contempt committed against: RTC/CA/SC: fine not exceeding 30,000
pesos or imprisonment not exceeding 6 months or both.
Lower court: fine not exceeding 5,000 pesos or imprisonment not
exceeding 1 month or both.
Rule 11.01 - A lawyer shall appear in court properly attired.
Proper attire for:
Male - Barong Tagalog or suit with tie.
Female – appropriate business attire.
But generally, the proper attire would be the contemporary business
suit.
- A lawyer not wearing proper attire in court may be held in
contempt of court and ordered to leave the court and return
properly attired.
Rule 11.02 - A lawyer shall punctually appear at court hearings.
Punctuality is demanded by the respect which a lawyer owes
to the court, the opposing counsel and to all the parties to the case. It is
not an excuse that his tardiness was caused by matters which could
reasonably be foreseen or anticipated such as traffic/breakdown of his
vehicle.
Rule 11.03 - A lawyer shall abstain from scandalous, offensive or
menacing language or behavior before the Courts.
Illustration of violation of the rule both written and oral language:
a. Using the terms “abhorrent nullity”, “legal Monstrosity”, “horrible
error”
b. Stating in his brief that “Judge Maliwanag is not wearing his brief
while in his chamber during office hours.”
If the disagreement between the counsel and the judge has
degenerated into a personal clash, the use of the contempt power may
no longer be in the preservative but already in the vindictive sense. If
this happens, the contempt citation would be improper or that
punishment should be revised.
Rule 11.04 - A lawyer shall not attribute to a Judge motives not
supported by the record or have no materiality to the case.
Duty not to attribute unfounded ill-motives to a judge:
It is the right of the lawyer also as a citizen to criticize
in properly respectful terms and through legitimate channels the
acts if courts and judges.
Illustration of violation of the rule:
a. An allegation by a counsel that the proceedings before the
trial court were “irregular” and that the so called
irregularities “show the accused control over the court and
court procedure”.
b. Stating in pleading: “The Decision of the Court is like a brief
for Ayala” and “The court jeopardized its campaign against
graft and corruption.”
Rule 11.05 - A lawyer shall submit grievances against a Judge to
the proper authorities only.
Grievance Mechanism:
a. All grievances against judges must be presented before the
SC as the disciplining authority over all judges.
b. It must be shown beyond doubt that the judgment is unjust
as it is contrary to law or is not supported by evidence, and
the same was made with conscious and deliberate intent to
do an injustice.
Elements of inexcusable negligence in rendering an unjust
judgment:
Judge failed to observe in his performance of his
duty, that diligence, prudence, and care which the law is
entitled to exact in the rendering of public service.
Jurisdiction of the Ombudsman over Judges:
The Ombudsman is duty- bound to have all cases
against judges and court personnel filed before it referred to the
SC for determination of whether an administrative aspect is
involved in accordance with Art. VIII Sec. 6 of Constitution. In
the meantime that the administrative matter is pending before
the SC, the Ombudsman must defer action on the criminal
complaint against the judge or court personnel.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.
Duty to Assist in the Speedy and Efficient Administration of Justice:
Lawyers should not forget that they are, first and foremost,
officers of the court, bound to exert every effort to assist in the speedy
and efficient administration of justice. This duty is not only of the
lawyer but also of the judge
Rule 12.01 A lawyer shall not appear for trial unless he has adequately
prepared himself on the law and the facts of his case, the evidence he
will adduce and the order of its preference. He should also be ready
with the original documents for comparison with the copies.
Rule 12.02 A lawyer shall not file multiple actions arising from the
same cause.
Duty not to Engage in FORUM SHOPPING:
Forum Shopping is a malpractice of trifling with the courts and
abusing their processes (outside info: Forum shopping is the litigants’ act of
getting their legal case heard in the court thought most likely to provide a
favourable judgment)
Elements of Forum Shopping:
1. Identity of parties or at least such parties as representing the same
interests in both actions
2. Identity of the rights asserted and the reliefs prayed for, the relief
being founded on same facts
3. The identity of the two preceding particulars, such that any
judgment rendered in the other will amount to res judicata in the
action under consideration
3 ways to commit forum shopping:
1. Filing of multiple cases based on the same cause of action and
with the same prayer (where the ground for dismissal is litis
pendentia)
2. Filing multiple cases based on the same cause of action and the
same prayer, the previous case having been finally resolved
(where the ground for dismissal is res judicata)
3. Filing multiple cases based on the same cause of action but
with different prayers (splitting of causes of action, where
the ground for dismissal is also either litis pendentia or res
judicata)
Summary dismissal:
If the acts of the party or his counsel clearly constitute
wilful and deliberate forum shopping, the same shall be ground
for summary dismissal with prejudice and shall constitute direct
contempt, as well as a cause for administrative sanctions.
Rule on forum shopping applies only to judicial cases and
not to administrative and disbarment cases (well, disbarment
actions are administrative proceedings)
[Even in the judiciary] the rule requiring a Certificate of
Non-Forum Shopping may be relaxed when so warranted
Willful intent is required: when there’s no intention on the
part of the lawyer to mislead the court, he can’t be sanctioned
Literal identity of the parties is not required: It’s sufficient
that there is identity of interests represented
[Illustration] Thus, there can be forum shopping where a
party in one cases is the GSIS and the party in the second cases is
the ECC, where the interest of the GSIS was affirmed by the ECC
Certificate of Non-Forum Shopping is executed by the party,
not the counsel:
If executed by the counsel, it’s defective equivalent
to a non-compliance with the requirement
Rationale: it is the party himself who would be in a position to
know whether another case had been filed or not
Res judicata distinguished from Forum shopping:
a. Res judicata is what results when a present case filed is
barred by a prior final judgment
b. Forum shopping requires another pending case
Illustration:
Filing an action for the annulment if the sale and the recovery of
property allegedly inherited from the deceased will not prosper where
the same property and the same claim are pending adjudication in a
separate proceeding for the settlement of the estate of the deceased
Rule12.03 A lawyer shall not, after obtaining extensions of time to file
pleadings, memoranda or briefs, let the period lapse without
submitting the same or offering an explanation for his failure to do so.
Duty to File Pleadings Seasonably:
1. The grant of extensions of time to file pleadings is a mere
liberality upon the granting authority, so it must not be abused. A
lawyer who files a motion for extension does not do so as a matter
of right. It’s a mere plea.
2. An extension of time for filing of briefs will not be allowed except
for good and sufficient cause, and only if it’s filed before the
expiration of the time sought to be extended
3. Allowance or denial of the motion filed is addressed to the sound
discretion of the court
4. Explanation for failure to file pleading seasonably must be
acceptable.
5. Lawyers should not presume that the extension that may be
granted shall be counted from notice. Thus, lawyers should not
wait until their motion for extension is acted upon. They should
file their pleadings within the period which they requested in
their motion for extension.
Illustration:
The excuse that the counsel was suffering from hypertension
was not accepted, as the counsel could have informed the court in due
time
Duty of lawyer hired midstream:
Replacement lawyer:
Well, he should work double time; a lawyer who accepts a
case in midstream is presumed and obliged to acquaint himself with
all the antecedent processes and proceedings that have transpired in
the record prior to his takeover. As for the replaced lawyer, he must
inform the court that at the time his brief was due, he had already been
freed from his task of submitting his brief
Rule 12.04 A lawyer shall not unduly delay a case, impede the
execution of a judgment or misuse Court processes.
Duty Against Dilatory moves and Misuse of Court
- this speaks of duty to expedite litigation
- this is because a lawyer owes a duty to the court to “assist
the court in the expeditious consideration and disposal of
pending cases”
Technicalities should not be improperly used to thwart
substantial justice. Hence, a party should not invoke defect of
from where no prejudice to substantial rights are involved
Treble costs can be assessed against dilatory and frivolous
appeals and tactics:
Frivolous / dilatory appeals: Where the rights of a
party have been made crystal clear by a lower court decision, it
may also already be clear that any appeal from it is clearly
groundless and that the appeal made is only for the purpose of
delay. Such a scheme is an attempt to defeat the administration
of justice
Illustration:
1. Repeatedly resorting to the remedy of certiorari is a
dilatory tactic
2. Where a case has already attained finality before the SC
and the case was remanded to the trial court, the losing
 party may not file a new action as a mere subterfuge to
frustrate the execution of the judgment.
Examples of Misuse of Court Processes:
Misuse of a TRO issued by the CA – Applying for TRO where
party already knew that the orders of the trial court which were
sought to be enjoined had already been implemented
Multiple or repetitious petitions - filing, in behalf of the same
petitioners, a second petition for review on certiorari of the same
CA decision that had been previously denied with finality.
Rule 12.05 A lawyer shall refrain from talking to his witness
during a break or recess in the trial, while the witness is still
under examination.
Duty not to Coach a Witness under Examination:
Witness Preparation (good-allowed): occurs before the testimony;
lawyer’s act of advising the client of the intended testimony and the
witnesses’ ability to convey the information and advocate the strengths
of the testimony; here the lawyer can inform the witness what to
expect, how to act properly, and the procedures Witness Coaching
(bad-not allowed): done during testimony; counsel obfuscates the
truth or instructs the witness to lie. It makes the testimony appear
contrived, rehearsed, and unreliable.
Rule 12.06 - A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
Duty not to Present a False Witness
Dealing with corrupt witnesses: when the judge is
convinced that the witness makes false statements, he may
immediately order that the witness be prosecuted for perjury.
Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor
needlessly inconvenience him.
Duty to Respect Witness:
Because a witness is not an antagonistic party, so he/she
should be respected and treated with politeness and courtesy
Rule 12.08 A lawyer shall avoid testifying in behalf of his client,
except:
(a) on formal matters, such as the mailing, authentication or custody
of an instrument, and the like; or
(b) on substantial matters, in cases where his testimony is essential to
the ends of justice, in which event he must, during his testimony,
entrust the trial of the case to another counsel.
Duty not to be a Witness and Counsel at the Same Time:
If a lawyer is both counsel and witness, he becomes more
easily impeachable for interest and thus may be a less effective
witness. The public will be inclined to believe that a lawyer’s
testimony is altered to serve the client’s interest. He is an ineffective
position or arguing his own credibility. The roles of an advocate and a
witness are inconsistent.
Rationale of the rule:
1. It’s designed to protect the integrity of the advocate’s
professional role by preserving the distinction between advocacy,
which is based on reason and subject to objective evaluation, and
testimony, which is based on the witness’ moral qualities and is
evaluated in terms of individual credibility.
2. It is corollary to the rule that an advocate may not inject
personal belief as to the cause into argument to the judge.
In other words, it eliminates the opportunity to mix
argument and fact.
Prohibition does not apply to a former counsel
This does not mean that a lawyer cannot testify as witness.
His remedy would be to withdraw from active
management of the case.
CANON 13 - A LAWYER SHALL:
- RELY UPON THE MERITS OF HIS CAUSE
- AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS:
- TO INFLUENCE,
- OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
Duty not to influence judges:
Any inappropriate ex parte communication with the
judge is disallowed. A lawyer should not communicate or argue
privately with the judge as to the merits of the pending cause
and deserves rebuke and denunciation for any device of attempt
to gain from judge special personal consideration favor.
Rule 13.01 - A lawyer shall not extend extraordinary attention or
hospitality to, nor seek opportunity for cultivating familiarity
with Judges.
Duty of non-fraternization with judges:
A lawyer’s treatment of judges must not be with the
end in view of cultivating closeness which can be converted later
on to seek favors from the judge.
Being a former law school classmate, being a
neighbor/fraternity brother, both lawyer and the judge must be
aware and conscious as to where such friendship must end.
When it comes to matters pending in the judicial
docket, the lawyer and the judge must keep a professional
distance and affinity must be kept respectful.
Rule 13.02 - A lawyer shall not make public statements in the
media regarding a pending case tending to arouse public
opinion for or against a party.
Duty not to resort to the Bar of Public Opinion during the pendency
of a case:
However, it should be recognized that certain statements
may be generally permitted, such as a statement on the general nature
of a claim or defense in a pending case.
Illustration of violation of the rule:
a. Publication in a newspaper with the title, “Senior prosecutor
lambasts Surigao judge for allowing murder to bail out.”
Sub- Judice defined:
- Refers to matters under or before a judge or court; under judicial
consideration.
- Part of the law relating to contempt to the court.
Basis/purpose of the Sub- Judice rule:
The courts must be allowed to deal with the legal issues
that are before it free from undue interference and influences by
others making public statements about how these issues should be
dealt with. It also protects the witnesses because public statements
may change relevant facts of what he witnessed.
How it is violated?
It is violated by public statements that risk prejudging matters or causing
prejudice. It includes statements urging the court to reach a particular result
in a matter, comments of the strength or weakness of a party’s case or
particular issue, or comments on witnesses or evidence in the case.
Application:
It applies where court proceedings are ongoing, and through
all stages of appeal until the matter is completed. It also applies where
the court proceedings are merely imminent.
The rule applies to lawyers, as well as to the public and
public officials including legislators.
Penalty:
Making public statements in the media regarding a pending
case which tends to arouse public opinion for or against a party may
also constitute indirect contempt under Sec. 3 (c-d) Rule 71 of the
Rules of Court.
Exception to the rule: fair and accurate reporting is allowed of the
factual content of ongoing judicial proceedings by the media, as long
as the report does not usurp the court’s role by prejudging the case or
its legal issues.
How does prejudice form in violation of sub-judice rule? If
judges and witnesses are exposed to the media materials that are not
part of the evidence presented or argued in the trial, judges and the
witnesses will be hindered from impartiality and objectivity which
cause prejudice. Freedom of expression as well as freedom of the media
to report should be limited since these freedoms should not take
precedence over the proper administration of justice.
Ex. of violation of sub- judice rule:
a. public discussion of a prior criminal record which is
not relevant to the present charge against him;
b. on-screen admissions of guilt by the accused.
Open- Justice principle:
Refers to the public right to scrutinize and criticize
courts and court proceedings.
Purpose: to prevent idiosyncrasy or judicial arbitrariness and
maintain public confidence in the administration of justice. Also,
it has been just as fundamental to a democratic society of
freedom of speech.
Post- litigation criticisms:
It is the duty of a lawyer to criticize and expose the
shortcomings and indiscretions of courts and judges by
criticizing concluded litigations because then the court’s
actuations are thrown open to public consumption and
discussion.
Illustrations of disrespectful post- litigation criticisms:
a. A lawyer describing a ruling as a “absolutely
erroneous and constituting an outrage to the rights of
the petitioner Mickey Celles and a mockery to popular
will.”
b. A lawyer stating through a local newspaper,
“the only remedy to put an end to so much evil, is to
change the members of the SC.”
Rule 13.03 - A lawyer shall not brook or invite interference by
another branch or agency of the government in the normal
course of judicial proceedings.
Judicial Independence defined:
- It is the doctrine that decisions of the judiciary should be
impartial and not subject to influence from the other branches of
a gov’t or from private or political interests.
Two types of Judicial Independence:
1. Institutional independence – means the judicial branch is
independent from the executive and legislative branches.
2. Decisional independence – is the idea that judges should be able
to decide cases solely based on the law and the facts without
letting the media, politics or other concerns sway their decisions,
and without fearing penalty in their careers for their decisions.
CANON 14 – A lawyer shall not refuse his services to the needy.
Rule 14.01 – A lawyer shall not decline to represent a person solely on
account of the latter's race, sex. creed or status of life, or because of his
own opinion regarding the guilt of said person.
Rule 14.02 – A lawyer shall not decline, except for serious and
sufficient cause, an appointment as counsel de officio or as amicus curiae,
or a request from the Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
Counsel de Oficio (CDO): A lawyer appointed by the Court to counsel
an accused. One can be a CDO if he’s a member of the bar in good
standing who can competently defend the accused.
In localities where no bar member is available: Court may appoint
any person, resident of the province and of good repute for ability to
defend the accused.
General rule: A lawyer can’t decline being appointed as CDO.
Exception: a serious and sufficient cause, like the 1) lawyer cannot
competently handle the case or 2) there’s conflict of interest.
Court’s duty to appoint a CDO is NOT mandatory when: the accused
has proceeded with the arraignment and the trial with a his chosen
counsel (CDP), but during presentation of evidence, he appears by
himself alone because of the inexcusable absence of his counsel.
The court can appoint a CDO during (or in the middle of) the
trial: If an accused’s CDP deliberately makes himself
incompetent, the Court can appoint a CDO to enable the trial to
proceed until CDP finally appears.
Reason: because otherwise, the pace of the criminal prosecution
will be entirely dictated by the accused to the detriment of the
resolution of the case.
The need for this appointment arises when an accused is
penniless and a lawyer’s services as counsel to the former are
necessary to secure the ends of justice and to protect the rights of
the party
People who may avail of this legal service: A poor accused
who’s unable to employ an atty; Only indigents may avail of
services of PAO (Note: a CDO is not automatically a PAO lawyer.
Remember, CDO may come from private sector)
A CDO gets paid but NOT by indigent client; he may get
compensation from the Court subject to availability of funds.
(Rules of Court, Sec 32, Rule 138)
A CDO is not exempt from any liability in case he messes.
He’s equally liable as any paid lawyer.
Distinguish Counsel de oficio (CDO) from Counsel de parte
(CDP):
CDO is a court appointed lawyer;
CDP is the lawyer of the party’s own choice
The right to secure CDP’s services is not absolute: (It’s actually
more like a privilege than a right... but whichever, it’s not absolute).
Reason: The Court should balance the privilege to retain a
counsel of choice against the state and offended party’s equally
important right to speedy and adequate justice (so it’s party’s
privilege vs. State’s right).
The Court can restrict the accused’s option to retain a CDP
under the ff. circumstances:
- When an accused insists on an atty he can’t afford;
- When he chooses someone who’s not a member of the bar
When the personally chosen lawyer declines (for a valid reason) ...and
similar others... The right to a CDP is waivable under the ff
conditions:
- Waiver isn’t contrary to law, public order, public
policy, morals, or good customs OR prejudicial to a 3rd person
with a right recognized by law
- Waiver is unequivocally, knowingly, and intelligently made
Amicus Curiae: “friend of the court” a person with strong interest on
the subject matter of an action. He can be a private person or someone
from the government.
An amicus curiae becomes a friend of the court when:
1. He files a petition with the court for permission to file a brief,
apparently on behalf of a party but actually to suggest a rationale
consistent with its own views. His briefs are commonly filed in
appeals concerning matters of public interest.
2. Court invites him to help in the disposition of issues submitted to
it.
Rule 14.03 A lawyer may not refuse to accept representation of an
indigent client if:
(a) he is not in a position to carry out the work effectively or
competently;
(b) he labors under a conflict of interest between him and the
prospective client or between a present client and the prospective
client.
Indigent party: one who has no money or property sufficient and
available for food, shelter and basic necessities for himself and his
family; the Court designates one as such upon ex parte application and
hearing (to prove that he really is indigent)
An indigent party is entitled to/exempt from:
- Docket and other lawful fees (but they create a lien on the
judgment that will be rendered, unless the court provides
otherwise) transcripts of stenographic notes.
Rule 14.04: A lawyer who accepts the cause of a person unable to pay
his professional fees shall observe the same standard of conduct
governing his relations with paying clients.
__________________________________________
CANON 15 - A LAWYER SHALL OBSERVE CANDOR,
FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS WITH HIS CLIENTS.
Duty of candor to his client – a lawyer is not barred from
commercially dealing with his client but the business
transactions must be characterized with utmost honesty and
good faith.
Illustration of violation of this rule:
a. The act requiring his clients to pay 15,980 on the
pretext that it was needed for the payment of court
fees which were not.
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.
A lawyer could determine potential conflict of interest by:
- the initial conferment of a prospective client,
- facts given to him and
- asking the necessary questions regarding the facts and
personalities involved in the case.
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.
Rule 15.03 - A lawyer shall not represent conflicting interests
except by written consent of all concerned given after a full
disclosure of the facts.
Rule on conflict of interests:
1. Prohibits the lawyer from representing new clients whose
interests oppose those of a former client in any manner,
whether or not they are parties in the same action or in
totally unrelated cases.
2. Good faith and honest intention does not negate the
prohibition.
3. To be guilty of representing conflict of interests, a counsel
of record of one party need not also be of counsel of record
of the adverse party. He does not have to publicly hold
himself as the counsel of the adverse party, nor make his
efforts to advance the adverse party’s conflict of interests of
record- although these circumstances are the most obvious
and satisfactory proof of the charge.
The duration of time that has elapsed is immaterial in
determining conflict of interests. So whether the relationship with
the client terminated 8yrs before the creation of new client that
has adverse of interest with the first client, there still has conflict
of interest.
5. Termination of previous engagement is not a ground to disregard
the prohibition on conflict of interest because the client’s
confidence once reposed cannot be divested by the expiration of
the professional employment.
6. The absence of any other lawyer in town is not an excuse to
accept cases that has conflict of interest.
7. Conflict of interests is not limited to litigation cases but can also
rise from financial dealings.
A lawyer is forbidden to do either of two things after severing his
relationship with a former client:
1. He may not do anything injuriously affect his former client in
any matter in which he formerly represented him;
2. Nor he may at any time use against his former client
knowledge/information acquired by virtue of the previous
relationship.
Rationale for the prohibition on conflict of interests:
1. The relations of atty. and client are founded on principles of
public policy, on good taste.
2. To avoid treachery and double- dealing so that clients be
encouraged to trust their secrets to their attorneys.
Test to determine if there is conflict of interests:
- Whether the acceptance of a new relation would prevent the full
discharge of the lawyer’s duty of undivided fidelity and loyalty to
the client or will it invite suspicion of unfaithfulness or double-
dealing in the performance of that duty?
- An important criterion is “probability” and not
“certainty” of conflict.
Rule 15.04 - A lawyer may, with the written consent of all concerned,
act as mediator, conciliator or arbitrator in settling disputes.
A lawyer acts as intermediary in seeking to establish or adjust a
relationship between clients on amicable and mutually
 advantageous basis ex: in helping organize a business in which 2
or more clients are entrepreneurs.
The alternative can be that each party may have to obtain
separate representation, with the possibility in some
situations of incurring additional cost, complication or even
litigation.
The lawyer then, acts as intermediary. Forms of
intermediation vary from arbitration to mediation where
each client’s case presented by the respective client and the
lawyer decides the outcome, then to common representation.
Rule 15.05 - A lawyer when advising his client, shall give a
candid and honest opinion on the merits and probable results of
the client's case, neither overstating nor understating the
prospects of the case.
Scope of the Advice:
a. Client is entitled to straight-forward advice expressing
lawyer’s honest assessment.
b. Purely technical advice can sometime be inadequate unless
requested by the client himself. It is proper for a lawyer to
refer relevant moral and ethical considerations in giving
advice.
c. Where consultation with a professional in another field is
itself something a competent lawyer, would recommend, the
lawyer should make such recommendation ex. family
matters with the help of clinical psychology and business
matters with the aid of financial specialists.
Rule 15.06 - A lawyer shall not state or imply that he is able to
influence any public official, tribunal or legislative body.
Rule 15.07 - A lawyer shall impress upon his client compliance
with the laws and the principles of fairness.
Rule 15.08 - A lawyer who is engaged in another profession or
occupation concurrently with the practice of law shall make
clear to his client whether he is acting as a lawyer or in another
capacity.
The objective of this rule is to avoid confusion, both for the
benefit of the lawyer and the client.
As a rule, a lawyer is not barred from commercially
dealing with client but the business transaction must be
characterized with utmost honesty and good faith.
Business transactions bet. atty. and his client is
discouraged by the policy of the law because the
lawyer might take advantage of his client’s ignorance using his
position.
CANON 16 - A LAWYER SHALL HOLD IN TRUST
ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.
Duty to be a Trustee of Client’s Moneys and
Properties: Mainly because what client and lawyer
have is a fiduciary relationship.
Rule 16.01: A lawyer shall account for all money or
property collected or received for or from the client.
Duty of Accountability – generally derived from law
on agency which imposes the duties of separation,
accounting, notification and delivery on all agents
possessing the principal’s property.
A lawyer may not apply any amount he received as
partial settlement of a judgment to his professional
fees without the concurrence of his client.
Failure in this duty is misconduct. (In one case, the
lawyer was suspended) Fear of not being paid is no
excuse.
If done with bad faith and deceit – grave
misconduct
Failure to remit amounts to client pursuant to an
execution – misappropriation; such act gives rise to
the presumption that he has appropriated the
money for his own use; lawyer can be cited in
contempt;
Restitution may be ordered in all instances of
failure in this duty.
The amount/s covered by this rule: Any, not just
litigation expenses but also expenses due BIR,
Register of Deeds, and others.
Mere failure to promptly report to the client his
receipt of the money is punishable
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 in the Rules of Court.
Though a lawyer has a lien over his client’s funds,
he should notify his client about it in due time – he
should give notice promptly (accdg to this rule, he
may notify his client after he satisfies his fees)
Rule 16.04 A lawyer shall not borrow money
from his client unless the client's interest are
fully protected by the nature of the case or by
independent advice. Neither shall a lawyer lend
money to a client except, when in the interest of
justice, he has to advance necessary expenses in
a legal matter he is handling for the client.
General Rule: No debtor-creditor
relationship between lawyer and client
Exception:
- Lawyer may borrow money from his client
only if his client’s interests are fully protected
- Lawyer may lend money to a client, when in the
interest of justice, (during his handling of the
case) he has to advance necessary expenses
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 17 decrees the fiduciary relationship
between a client and his lawyer. The fidelity which
a lawyer owes to his client does not necessarily
mean absolute adherence to the client’s views or
activities.
Duty of confidentiality; preservation of client’s
secrets:
The protection given to the client is
perpetual and does not cease with the termination
of the litigation, nor is it affected by the party’s
ceasing to employ the attorney and retaining
another, or by any other change of relation between
them. It survives the death of the client.
Rationale:
- to avoid self- incrimination;
- to maintain the right to counsel;
- Encourages a dynamic and fruitful exchange
and flow of information;
- Full disclosure opens the door to the whole spectrum
of legal options on the case of the client than limited
information;
General rule on transparency in the identity of the
client: as a matter of public policy, a lawyer may not
invoke the communication privilege and refuse to
divulge the name or identity of his client because:
- The court has the right to know that the client whose
privileged information is sought to be protected is
flesh and blood.
- The privilege exists only after the atty-client
relationship has been established.
- Privilege generally pertains to the subject matter of
the relationship.
- Due process require that the opposing party should
know his adversary.
Exceptions to the general rule: Info relating to the
identity of the client may fall within the ambit of the
privilege when the client’s name itself has an
independent significance, such as disclosure would then
reveal client’s confidences.
Purchase of the client’s property by the lawyer under
Article 1491 of the Civil Code:
Under 1491 of the Civil Code, lawyers are
prohibited from acquiring either by purchase or
assignment the property or rights involved which are
the objects of the litigation in which they intervene by
virtue of their profession.
Even if a fair price was paid for the property if it
is object of the litigation, it is void and inexistent
pursuant to Art. 1409 of the Civil Code. Hence,
constitutes breach of professional ethics and constitutes
malpractice.
The prohibition on purchase is all embracing to
include not only sales to private individuals but also to
public or judicial sales.
Rationale of the prohibition:
- Public policy disallows the transactions in view
of the fiduciary relationship involved i.e. the relation of
trust and confidence.
- An atty. may easily take advantage of the
credulity and ignorance of his client and unduly enrich
himself at the expense of his client.
Exception: Where the property is contingent contracts or
that it is acquired after the termination of the case/after
judgment means that there is no violation of Par. 5 Art.
1491 of the Civil Code.
Regardless of the defense of the lawyer in the
acquisition of the property of his client such as the
client has no money to pay for the services of the
lawyer is still prohibited because there is breach of
confidentiality and harassment/influence on part
of the lawyer.
CANON 18 - A LAWYER SHALL SERVE HIS
CLIENT WITH COMPETENCE AND
DILIGENCE.
Diligence with that norm of practice expected of
men of good intentions (as the practice of law does
not require extraordinary diligence)
Entry and Authority of Appearance:
A lawyer is presumed to be properly
authorized to represent any cause in which he
appears (and no written power of attorney is
required for this authority)
Formal entry of appearance is no longer
required so an appearance may be made by simply
filing a normal motion, plea, or answer.
- a law firm’s main and branch offices comprise
a single law firm
- death of handling lawyer does not extinguish
lawyer-client relationship
- When relationship is with a law firm, death of
the handling lawyer does not terminate lawyer-
client relationship between the client and law firm;
so the lawyers in the firm, to not be held liable for
negligence, should either re-assign the case or
withdraw from it.
- Accountability of a supervising lawyer for an
associate lawyer’s misconduct - well, he’ll just be
asked to explain.

Does the lawyer’s negligence bind his client?
General Rule: Yes. XCPN: negligence amounts to
deprivation of due process for the client of results
to serious injustice
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.
Because the legal practice is an expansive and wide
field, it can’t be expected that a lawyer specialize in all
and in every field of law. If a lawyer engages in a
practice of law in which he is not familiar, he will be
rendering an inferior service to the detriment of the
client and to this professional embarrassment
Rule 18.02 A lawyer shall not handle any legal matter
without adequate preparation.
Lawyer’s unfamiliarity with the principles of law
applicable to a client’s legal matters would give rise to
disciplinary action. But an erroneous opinion on a
difficult question of law wouldn’t mean that a lawyer
acted incompetently; the “thoroughness” required is that
ordinarily employed by lawyers undertaking similar
matters
Rule 18.03 A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Duty not to be negligent!
- Because public interest demands.
- He can’t just entirely entrust/delegate tasks to his
staff, this includes matters pertaining to the
resolution of the case
- It’s the lawyer’s bounden duty to check, review, and
recheck the allegations in their pleadings...
the accuracy of statements, down to the last word
and punctuation mark.
If the client is bound by his counsel’s acts, with more
reason should counsel be bound by his staff’s acts.
Lawyers can be held civilly liable: for negligence in
the handling of his client’s case.
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 client's request for information.
A client is entitled to the fullest disclosure of the
what’s, how’s and why’s of the case proceedings. Client
must receive: periodic and full updates on the mode and
manner that the lawyer is utilizing to defend his
interests
CANON 19 - A LAWYER SHALL REPRESENT
HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.
It is the duty of a lawyer to serve only within
the bounds of law, fair and honest and for lawful
objectives.
He must give a candid and honest opinion on
the merits and probable of the client’s case with
the end in view of promoting respect for the law
and for legal processes, and counsel or maintain
such actions or proceedings which appear to him
as just and such defenses only as he believes to be
honestly debatable under the law.
Rationale of the canon: a lawyer’s duty is not
to his client but in the administration of justice; to
that end, his client’s success is wholly subordinate;
and his conduct ought to and must always be
thoroughly observant of law and ethics.
It is improper for a lawyer to assert in
argument his personal belief in his client’s
innocence in the justice of his cause.
The office of the attorney does not permit,
much less does not demand of him for any client,
violation of law or any manner of fraud or
chicanery, he must obey his own conscience and
not that of his client.
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, 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.
Duty not to condone a client’s fraud:
A lawyer may not continue assisting a client in
the conduct that that lawyer originally supposes is
legally proper but then discovers is criminal and
fraudulent. He should:
1. Endeavour to rectify it by advising his client.
2. Withdrawal from the representation if necessary or
if the client refused to rectify it.
3. Has discretion to inform promptly the injured
person or his counsel, so that they may take
appropriate steps.
Definition of Fraud – a generic term, embracing all
multifarious means which human ingenuity can devise,
and which are resorted to by one individual to get
advantage over another by false suggestions or by
suppression of truth, and includes all surprise, trick and
cunning unfair way by which another is cheated.
Rule 19.03 - A lawyer shall not allow his client to dictate
the procedure in handling the case.
- Lawyers have the exclusive management of the
procedural aspect of the litigation including the
enforcement of the rights and remedies of their client.
- Even over the objection of the client, a lawyer can
present or refuse to present certain witnesses.
- Mistakes of counsel as to the relevancy or
irrelevancy of certain evidence or mistakes in the proper
defense, in the introduction of certain evidence, or in
argumentation are, among all mistakes and procedure
and they bind the clients.
CANON 20 - A LAWYER SHALL CHARGE ONLY
FAIR AND REASONABLE FEES.
Rule 20.01 A lawyer shall be guided by the following
factors in determining his fees:
(a) the time spent and the extent of the service rendered
or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a
result of acceptance of the proffered case;
(f) The customary charges for similar services and
the schedule of fees of the IBP chapter to which he
belongs;
(g) The amount involved in the controversy and the
benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether
occasional or established; and
(j) The professional standing of the lawyer.
The amount of atty’s fees due is that stipulated in
the retainer agreement, absence such, amount
would be fixed on the basis of the quantum merit
(reasonable worth) of the atty’s services
Factors to be considered in fixing atty’s
compensation:
- Importance of the subject matter of the
controversy
- Extent of services rendered
- Professional standing of the lawyer
Court isn’t bound by opinion of a lawyer as
to proper compensation; Court may disregard it
and base its conclusion on its own professional
knowledge
No form is required with regard to agreement on
fees but it’s preferred if it’s in writing
Written agreement on fees is generally
binding, but if client is ignorant and uneducated,
such written agreement may not be persuasive
and the compensation should be made on the basis
of quantum merit.
Unless expressly stipulated, payment of
lawyer’s fees is not gratuitous (as it’s based on the
law of contract: I do and you give)
A lawyer may require advance payment of his
fees, but he shall return the excess.
A lawyer may accept property in payment such as
ownership interest in an enterprise.
Is the imposition of interest in the payment of
atty’s fees in a contract allowed? Yes, if it’s
reasonable. Otherwise, the court will ignore such
agreement (for the court to ignore the agreement, it
must be shown that it’s contrary to morality or
public policy)
A lawyer is entitled to recover litigation expenses when:
- Defendant’s act or omission has commission has
compelled the plaintiff to litigate or to incur
expenses to protect his interest;
- The defendant acted in gross and evident bad faith
in refusing to satisfy the plaintiff’s valid, just, and
demandable claim
- In any other case where the court deems it just and
equitable that the expenses be recovered
Lawyer’s acquisition of his client’s property:
He may not: if the properties are the objects of the
litigation in which he intervenes (meaning, “during the
pendency of the litigation”); this prohibition includes not
only sales to private individuals but also public or
judicial sales; this covers not only the purchase but also
the assignment of the property
He may: if the lawyer acquires it after the termination of
the case
Rationale (of the prohibition): public policy disallows
because of the fiduciary (based on trust and confidence)
nature of the lawyer-client relationship; and because by
virtue of the lawyer’s office, he may easily take
advantage of the credulity and ignorance of his client
and unduly enrich himself at the expense of his client.
Mere demand for delivery of the litigated property does not
cause the transfer of ownership, thus, not a prohibited
transaction.
CHAMPERTY: “buying into someone else’s lawsuit”,
it’s the arrangement in which a 3rd party (or even the
litigation lawyer) supports another’s litigation in exchange
for a share of the proceeds, if there are any. If there are none,
the party litigant would not have to pay the person or
entity which financed the litigation. Any amount
advanced would not have to be returned.
Champerty is prohibited on the ground of public policy,
it violates the fiduciary relationship between the lawyer
and his client. It’s also a form of maintenance
(intermeddling of an uninterested party, in short, epal).
For the party litigant, it’s an issue of litigation financing
(when he has no financial means to pursue litigation).
Lawyer’s contingency fee (payment conditional upon
success) is an exception to this prohibition.
CHAMPERTOUS CONTRACTS: an agreement
between a third person and a party litigant or a
lawyer and his client wherein the third person with
respect to the party litigant or the lawyer with
respect to his client, supports the party litigant’s or
the client’s litigation in exchange for a share of the
proceeds emanating from the litigation, if there are
any.
SYNDICATED LAWSUITS. It’s a form of
champerty where the litigant sells his shares in his
lawsuit to investors.
Rule 20.01 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.
There are no fixed rules in the setting of
attorney’s fees, that’s why they’re negotiable.
There can only be guidelines.
Judge’s opinion as to the capacity of the lawyer
is not a basis of the right to a lawyer’s fees
Manner of fixing the fees:
Hourly fee basis: a lawyer keeps an accurate record
of all the time he had spent on the case, indicating
the number of minutes spent in every activity
relating to the case. It’s usual to mark the time in
tenth-of-an-hour increments, meaning in chunks of
six minutes. Then the number will be multiplied by
the lawyer’s agreed upon hourly rate.
Fixed fee basis: Combination arrangement
Lawyer may ask for “deposits” which would
cover the necessary expenses and costs
An executor or administrator of an estate may
not charge against the estate any professional
fee for legal services as such are already paid
for in his capacity as executor or administrator
General elements to be considered in fixing a
reasonable compensation/L
- Importance of the subject matter/controversy
- Extent of the services rendered
- Professional standing of the lawyer
Rule 20.02 A lawyer shall, in case of referral, with the
consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility
assumed.
Duty to Divide Fees in Proportion to Work Done
- Applicable in instances where legal work would
have to be shared between two or more lawyers
- In this case, fees would have to be shared between
these lawyers proportionately (on the basis of the
proportion of services they render or by agreement
between/among the lawyers) with the prior consent
of the client
- It doesn’t require disclosure to the client of the
lawyer’s share
Lawyer Referral System: the purpose of this is to aid
individuals who are able to pay fees but need assistance
in locating lawyers competent to handle their particular
problems.
Rule 20.03 A lawyer shall not, without the full
knowledge and consent of the client, accept any fee,
reward, costs, commission, interest, rebate or forwarding
allowance or other compensation whatsoever related to
his professional employment from anyone other than the
client.
Such a payment may be allowed provided it is
with full knowledge and consent of the client and
subject to the condition that that lawyer reasonably
believes that the client’s best interest will not be
adversely affected
Rule 20.04 A lawyer shall avoid controversies with
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or
fraud.
Duty to Avoid Disputes with Client Over Fees:
 It’s preferable that agreement on fees between
the client and lawyer be in writing (to avoid disputes)
ASSUMPSIT: Latin for “he undertook, he promised”,
It’s a cause of action for unpaid work. Its basis is
common law so it’s not applicable in the Philippines.
Concepts on attorney’s fees:
Ordinary sense: compensation paid by client
Extraordinary sense: awarded by the court to be paid by
the losing party (this must be expressly stated in the
decision)
CONTINGENT FEES: Arrangement where fees are
due only if the lawyer handles a case successfully.
Fees will come from the recovered amount in the
case. If the case is unsuccessful, the client is under
no obligation to pay his lawyer.
Appropriateness of contingent fee arrangement:
- The only practical means by which a litigant
can afford to pay his lawyer.
- A successful prosecution produces a res out of
which the fee can be paid
On Criminal cases: Public policy condemns this
type of arrangement because these cases don’t
produce a res with which to pay the fee
Reasonableness of contingent fees: It’s validity
depends on the reasonableness of the amount fixed
as contingent fee under the circumstances of the
case.
Illustration:
- 50% contingency rate was not considered
exorbitant where it was determined that the
litigation was difficult
- 18% of the P214 million claim which amounts to
P38.5 million was found excessive as the lawyer
was only tasked to file only one memorandum and
his professional standing was “not such.”
Retaining lien on client’s funds and documents
(and property): Upon receipt of the funds
belonging to the client, the lawyer may collect any
lien which he as over them in connection with his
legal services, provided he gives prompt notice to
his client. A lawyer is not entitled to unilaterally
appropriate his client’s for himself by the mere fact
that the client owes him atty’s fees.
QUANTUM MERUIT: “as much as he deserves”;
the rule implies a promise to pay a reasonable
amount for the labor and materials furnished
Fees based on quantum meruit is authorized when:
- There is no express contract for the payment
-Although there’s formal contract, the fees are
unconscionable or unreasonable
- Void contract
- The counsel, for justifiable cause, was not
able to finish the case to its conclusion
There is a hearing.
RETAINING FEE: preliminary fee paid to ensure and
secure a lawyer’s future services, to remunerate him for
being deprived, by being retained by one party, of the
opportunity of rendering services to the other part and
of receiving pay from him.
In the absence of an agreement to the contrary, the
retaining fee is neither made nor received in
consideration of the services contemplated; it’s apart
from what the client has agreed to pay for the
services which he has retained him to perform
Absence of the stipulation of additional atty’s fees is
not a bar to the collection of additional atty’s fees
2 kinds of retainer fees:
1. General retainer: the fee paid to a lawyer to secure
his future services as general counsel for
any ordinary legal problem that may arise in the
routinary business of the client and referred to him
for legal action.
Reason for this is that the lawyer is deprived, by being
retained by one party, of the opportunity of rendering
services to the other part and of receiving pay from him.
- This fee is independent and different from the
compensation which the lawyer should receive in
payment for his services
2. Special retainer: fee for a specific case handled or
special service rendered by the lawyer for a client.
Expiration of retainer agreement does not mean that
lawyer is no longer entitled to attorney’s fees for
services rendered
the dismissal of a counter-claim (for atty’s fees) does
not amount to res judicata
Rights and obligations arising from the lawyer-client
relationship is not transmissible (therefore the
lawyer may not go against the heirs of his client of
payment of his professional fees). The fees constitute
a charge against the client’s state.
When a lawyer rendered legal services to the
administrator or executor to assist him in the
execution of his trust, his atty’s fees may be allowed
as administration expense. But the estate is not
directly liable for his fees, because they rest
primarily on the executor or administrator.
His remedy is: a) file an action against the
executor in his personal capacity; or b) file a
petition in the intestate or testate proceedings
ACCEPTANCE FEE: It’s an absolute fee
arrangement which entitles a lawyer to get paid for
his efforts regardless of the outcome of the
litigation
CANON 21 - A LAWYER SHALL PRESERVE
THE CONFIDENCE AND SECRETS OF HIS
CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.
Rationale of lawyer- client confidentiality:
To permit the attorney to reveal to others what is
disclosed, would be not only a gross violation of a
sacred trust upon his part, but it would utterly
destroy and prevent the usefulness and benefits
derived from professional assistance.
Lawyer- client confidentiality extends as well to his
employees and neither of them should accept
employment, which involves or may involve the
disclosure or use of these confidences either for the
advantage of his client, without his knowledge and
consent, and even thought there are other available
sources of information.
The announced intention of the client to commit
crime or fraud is not included within the
confidence which he bound to respect.
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.
Attorney- client privileged defined- in the law of
evidence, it is the client’s privilege to refuse to
disclose and to prevent any person from disclosing
confidential communication between him and his
attorney.
Factors to consider in creation of a Lawyer- Client
relationship:
2. Where legal advice of any kind is sought from a
professional legal adviser in his capacity as such,
3. the communications relating for that purpose,
4. made in confidence
5. by the client,
6. are at his instance permanently protected,
7. from disclosure by himself or by the legal
advisor,
8. except the protection be waived.
Nature of lawyer- client relationship:
The nature of the lawyer- client relationship is
premised on the Roman Law concepts of “locatio
conductio operarum” (contract of lease of services)
where one person lets his services and another hires
them without reference to the object of which the
services are to be performed, wherein lawyers’ services
may be compensated by honorarium or for hire and
mandato (contarct of agency).
In modern day, an attorney possesses special powers
of trust and confidence reposed on him by his client.
A lawyer is independent and his power his entirely
different from and superior to those of an ordinary
agent.
There are rules, ethical conduct and duties that
breathe life into it, among those, the fiduciary duty to
his client which is at very delicate, confidential character
requiring a very high degree pf fidelity and good faith.
Rules on creation of Lawyer- Client relationship:
Written contract is not an essential element in the
employment of an attorney, it could be expressed or
implied.
Personal relationship is irrelevant
Payment of fees to the lawyer is irrelevant.
Lawyer- client relationship is not terminated by a
trial court’s decisions on the case.
(Self- explanatory rules of Canon 21):
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 clients.
Rule 21.06 - A lawyer shall avoid indiscreet
conversation about a client's affairs even with
members of his family.
Rule 21.07 - A lawyer shall not reveal that he has
been consulted about a particular case except to
avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL WITHDRAW
HIS SERVICES ONLY FOR GOOD CAUSE AND
UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
Duty to Withdraw Legal Services Only for Good
Cause and Upon Notice
Rule 22.01 A lawyer may withdraw his services in
any of the following case:
(a) When the client pursues an illegal or immoral
course of conduct in connection with the matter he
is handling;
(b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;
(c) When his inability to work with co-counsel will
not promote the best interest of the client;
(d) When the mental or physical condition of the
lawyer renders it difficult for him to carry out the
employment effectively;
(e) When the client deliberately fails to pay the fees
for the services or fails to comply with the retainer
agreement;
(f) When the lawyer is elected or appointed to
public office; and
(g) Other similar cases.
This is a mandatory rule
These are the grounds where a lawyer may
withdraw legal services
Procedure for the Substitution of Attorneys. There
must be filed:
- Written application for such substitution
- Written consent of the client
- If the written consent can’t be obtained, there
must be filed with the application proof of
service of notice of such motion upon the atty to
be substituted in the manner prescribed by the
rules
- If the foregoing is not complied with,
substitution will not be permitted.
Rule 22.02 A lawyer who withdraws or is discharged
shall, subject to a retainer lien, immediately turn over all
papers and property to which the client is entitled, and
shall cooperative with his successor in the orderly
transfer of the matter, including all information
necessary for the proper handling of the matter.
Duty to Effect an Orderly Turn-Over after
Withdrawal or Discharge
The discharge does not terminate the lawyer’s
duty to protect the client’s interest.
Lawyer’s right to retain papers: This right persists
largely because no substitute procedures have been
established to provide a lawyer with a prior
secured claim for his fee.

Requirement of proper withdrawal: Charging lien: a charging lien to be enforceable as

The lawyer should have either the written
conformity of his client or an order from the court
relieving him of the duties of counsel
If the client refuses to give consent to the
retirement or withdrawal, the lawyer must file an
application or petition for withdrawal with the court. He
must serve a copy of his petition upon his client and the
adverse party at least 3 days before the date set for
hearing, otherwise the court may treat the application as
a “mere scrap of paper.”
security for the payment of atty’s fees requires as a
condition sine qua non a judgment for money and
execution in pursuance of such judgment secured
in the main action by the atty in favour of his client.
This lien presupposes that the atty has secured a
favourable money judgment for his client.

Withdrawal of record is required for an attorney of

record in litigation: a lawyer must still appear on the
date of hearing for the atty-client relation does not
terminate formally until there is a withdrawal of record.
Until he is properly relieved as counsel of record, he will
remain responsible for the conduct of the case.

Retirement from the practice of law is not an excuse

from properly withdrawing from a case. Even if he
has retired, he can’t still ignore court orders. He must
go thru proper withdrawal process.
A lawyer appointed to public office remains as
counsel of record where he did not file a motion to
withdraw as counsel.