LEGAL PROFESSION – August 25, 2018
party has already given certain amount like the heirs, due to financial
Legal Profession is
 Noble
 Important – protecting life, liberty and property
 Prestigious – you are looked upon in the community
 Glamorous
 Learned – continuous learning and training
 Popular
 Dignified profession
 It is the most misunderstood, subject to criticism and malign
 You have to observe ethical standard
 Everything in lawyers oath is your obligation as a lawyer
 Your purpose and duty is to the court
AFTER MIDTERMS LECTURES
LEGAL PROFESSION – November 15, 2018
 We have tremendous influence on public affairs
 Our main vision is to attain justice in all aspect of our society
 It is the responsibility of the lawyer to explain the pros and cons of the case,
analyze the facts or situation and tell your client if there is possibility for any
action
 Honestly tell the client about his position on a case
 We have a moral obligation to the court and to the clients
 At the pre-trial, the effectiveness of the witness are distinguished at the pre
trial. At the pre-trial the lawyer must have already analyze the position of
NOVEMBER 21, 2018 LECTURE
the parties, and know the facts and the applicable law
 Based on the submission, you already know the merits of the case and know
what to do for the possible settlement of the case
 At the pre trial, you have the possibility of a peaceful settlement
 Even murder, if the complainant is no longer interested because the other
capacity can also affect the obligation
 Any man’s cause for money is against our lawyer’s oath
 A lawyer should not be an instigator of controversy
 It requires considerable sacrifice and at times heroism of materialistic aspect
in observing the rules of professional conduct
 Legal profession entails responsibility with the trial court and society
 You have a wide responsibility, and it is a privilege - meaning you have no
perpetual right to the legal profession (disbarment or suspension)
 While admission to the bar enables the function of a lawyer, IT DOES NOT
AUTOMATICALLY confirm the status of her profession
 It makes long training to studies, there is much more in the profession
 Being a lawyer is public service
 In the ancient times, lawyers legal profession is not an attractive profession,
it is not respected
 3 L’s of the Legal Profession – Logic, Law, Language
 Utopia- it is a lawyer less society, they consider lawyers as a group of men
who’s duty is to disguise matters
 A lawyer can earn a rightful place in the profession via thorough intellectual
preparation, rigid self discipline, faithful performance of their private and
public responsibility
 The constitution has something to say about legal profession. No person shall
be deprived of life, liberty and property without due process and equal
protection. If you are given notices, due process is given. Due process – given
the opportunity to defend yourself.
 Lawyers Oath is our bible because it has our duty to the court, to our
profession and the society
 Training must be congruent with the bar subjects
 Practitioner is governed by conduct
 Mediation – works of a lawyer
 Practice of profession not only involves practice in the court but also in other
fields
 Legal theories and skills needed must be taught in the school so that students
will be prepared in the practice
 You must learn how to object during practice
 Convince your client to reveal everything
 Full time teachers can devote more in the conveyance of legal duties to their
students
 Practice of Law – any legal activities conducted in and out of court in any
tribunal agency..could be legal counselling, conducting research, drafting of
legal documents (Cayetano vs. Monsod)
 You need not to have a law office in the practice
 In the exercise of practice of law, there is public trust, public matter and
public interest
 A lawyer is an officer of the court, whose duty to the court includes
administration of justice.
 The duty to your client is only secondary or subordinate to your duty to the
court.
 Client success is subordinate to the court
 One must be morally qualified, even if he lost the case, as long as you
administered justice, don’t be frustrated
 The court represents the judge and the judge represents the court
 You should not personally attack the court or judge, just the ARGUMENT
 Lawyer must always observe respect. He must be morally qualified.
 2 Faces of the case – winning and losing
 Be respectful and behave in the court
 Being an officer of court, he must be intellectually prepared in order to attain
speedy justice
 While he has the duty to protect client, it must be done within the limits of
the law and ethics, it must be done in accordance with the law
 Attorney – Client relationship – FIDUCIARY, PERSONAL and STRICTLY
CONFIDENTIAL
 There is always presumption that judge needs his work
 In the decision of court of appeals, those that dissented, gives benefit of the
doubt to judge
 Lawyer and client relationship – implied contract, confidential
 Order and Silence are enjoined in the conduct at the start of proceedings in
the court
 If you shout you can be charged of contempt of court
 It is highly immoral to purchase personal property of his/ her clients
 Avoid undue influence of lawyers upon his clients – can be a ground for
disbarment
 Even after death of client, a lawyer cannot divulge confidential information
 Must render accounting of money or property enjoyed by your client
 Lawyers duty to the client is fiduciary – can be expressed or implied contract
 Lawyer has duty and responsibility
 An attorney-client relationship can be an expressed or implied contract
 When the court appoint a lawyer as a counsel to someone, even without
express agreement, the moment the lawyer renders legal services to the
client, an attorney and client relationship is already on going
 An Atty-Client relationship is fiduciary, personal and strictly confidential,
whatever is relayed by the client to the lawyer, it is strictly between the two
of them
 A lawyer may decline for conflict of interest
 A lawyer cannot decline a criminal case
 Effect if a lawyer will always decline a criminal case, the accuse will be
deprived of the equal protection of law
 The lawyer is not the judge to determine the guilt or innocence of the accuse.
It is always the judge. You will only present to the court your position if valid
under circumstances especially if the accuse is poor, you should not deprive
them of assistance as counsel
 Do not pretend and assume that you are going to win the case even if you
honestly believe that you have a strong merit to this case in order to avoid
frustration from your client, because you are not the one who will decide
 FIDUCIARY RELATIONSHIP – A lawyer owes his client an entire devotion of the
right of his client
 The lawyer has multiple duties and responsibilities
 You should not take due advantage of client, render accounting of the money
or property of your client
  Once your opponent has been your client before, it means some of the
matters you came across before with your client of yours, it is highly
unethical for you to accept that certain client, because subject of the same
have already come to your knowledge before because it involves previous
case where you have appeared beforehand
 If a lawyer is a person of interest or rendered services to a person, he cannot
accept to be an opposite party, there is misrepresentation of interest by the
acceptance
 It is highly immoral to have interest on the property of your client (Art 91 of
NCC) if it is the lawyer who purchased the subject property of his case
 They can make the price lower
 Even the sheriff of the court cannot acquire the property for public auction
 The reason is that we want to avoid undue interest of the lawyer upon his
client on the account of fiduciary relationship with his client
 The prohibition applies to every atty-client relationship and the property is
the subject of the case
 If the lawyer who violates this is guilty, it can be a ground of disbarment
 Lawyers are not allowed to divulge their clients
 Lawyers should be alert during trial to ask for exclusion of other rules
 Your duty to your client to make necessary objection
 The prohibition continues even after the client relationship
 Reason: Client is fully free to disclose to his counsel his information
NOVEMBER 29, 2018- lecture – legal profession
TERMINATION OF THE SERVICES OF A LAWYER
 A client can terminate or discharge services of lawyer at any time without
any reason
 has the right to terminate lawyer client relationship
 Client can discgharge in any time
 Relationship is based on trust and confidence
 Can be terminated at any state in the proceeding, because the relationship
is based on trust and confidence / any moment he lost trust and confidence
 Limitation is the payment for all services by the lawyer
 Lawyer may not terminate services or withdrew from the case except for
good reason such as when client pursues an illegal or immoral conduct,
lawyer may terminate from the case
 A lawyer who wants to maintain standing has the right to withdrew
 Also when client insist that the lawyer pursue conduct in violation of his
profession, lawyer may terminate /inducement of the lawyer of illegal
conduct
 When a client dictates to the lawyer what he wants and thinks, lawyer may
withdraw the case
 Except: when lawyer ask you something
 Lawyer has to side; either to win or lose the case
 The inability with one counsel to work with another counsel: its ethical for
lawyer to withdraw
 Physical condition of the lawyer can be reason for termination/ withdrawal
of the lawyer to the case
 When the client deliberately failed to pay attys fee or fails the obliged
retainer fee
 Appointment of lawyers to government position – lawyer may withdraw
services
 Discharge of lawyer services are thru retainer’s lien
 Need to immediately transfer papers or property of client, all info necessary
for proper handling of the case
 File a motion to the court, of intention to withdraw on the case with the
consent of the client – reason: in order for client not to be helpless in looking
for new counsel for the case / have to inform the court
 On Attorney’s Fee: historically, lawyer does not demand or charge
compensation for his services (in the old days); only honorarium (not
nowadays)
 Law profession being honorable
 Lawyer must clarify fees with the client for pleadings filed etc.
 Lawyer’s charge depends on the services rendered ,(criteria for charging) but
cannot demand unreasonable charges
 Attorney is not entitled to fee if: he committed misconduct, conflicting
interest, or withdrew from the case, or if admitted to PAO
 If party has no counsel, court can appoint somebody for her (counsel de
officio)
Factors to be Considered in Nature of Compensation:
 Contract or quantum merit – as much as what the lawyer deserves
 Quantum merit depends on: (factors to consider) the time and skills needed,
difficulty of the case, contingency, customary rate, professional standing,
importance of case, value of the subject matter property, gravity of the
offense,
 There is no express contract, contract is unconscionable, contract is void,
lawyer does not dismissed the case
 Attorneys lien is protection for unscrupulous client - those who does not want
to pay
 According of standard of living, time spend, importance of the case –
 Lawyer has right to retain to documents and papers properties in possession
until he has been paid
 Charging lien – claim for money where lawyer state in the record during the
proceedings in the agreement the amount of lawyer’s fee
 A lawyer is liable for various acts under art 208 and 209 of RPC
pertain to dereliction of duties or those who maliciously refrain from
instituting prosecution against violator, maliciously aiding
 Knowing the commission of the crime but does not cause prosecution of the
same – lawyer is liable
 Art 209 RPC – betrayal of trust by an atty or solicitor – priccion correctional –
200 to 1k fine may be imposed to such atty
 Malicious breach of profession
 Inexcusable negligence which cause damage
 Revealing secrets of client – lawyer is liable
 Art 4091 – Breach of fiduciary relationship
 Ypu cannot purchase property of client during the case is not allowed(undue
influence and taking advantage)
 Unauthorized appearance – breach of duty
 Appearance is silence agreement
 Breach of duty to the Bar – encroaching upon the case of another lawyer
 Appearing for a case of another lawyer is not allowed
 If opponent is previous client before, there is conflict of interest
 Gross negligence – failed to filed necessary pleading or order from the court
– lawyer liable – Counsel must file appellee’s fee (45 days to file the same)
 Gross Ignorance of Law -
 Misappropriation of funds that client entrusted to you is not allowed
 Contempt of Court- gross misconduct – can be direct (any act of the lawyer
while the case is going on eg: you disturbed the proceedings, court can
impose fine or penalized imprisonment for acts or misbehavior) or indirect –
(you are required to do something) gross disrespect of court, constitutes
obstruction justice
 Moral obligation of the lawyer to settle case
LECTURE – LEGPROF – DECEMBER 06, 2018
 A lawyer must treat the cause of his client the best of his ability and treat
his opposing counsel with respect
 You should avoid all personalities and personal pecularities of the opposing
counsel because it will not win you in the case
 It is the obligation of every lawyer to give proper advice and assist to those
who are seeking relief against unfaithful or neglectful counsel
Who would not comply with order of the court = neglectful counsel
 A lawyer should not induce a client to retain him by promoting a better
service
 A lawyer should not guarantee or assure client that you will win the case
 Do your best for the protection of your client
 You should not advertise your client your service
 It is not proper to make comparison of your services against another lawyer
 A lawyer gains rightful place by thorough intellectual preparation, rigid
self-discipline and faithful performance of his public and private
responsibility**** for memorization
 Read, reviewed, examined and studied = intellectual preparation*****
 Rigid discipline= be on time to the Court and file necessary pleadings
within the time/allowed period
 Do not make a habit filing a motion for extension of time to file pleadings
 Members of the IBP – as soon as a lawyer takes his oath, automatic he
becomes member of the IBP****
 It is mandatory, once you are a member, you will pay members fee
IBP is not partisan assoc. where official elected at certain term
 There are lawyers disqualified as member of IBP
-hold elective position
-judicial position
-quasi or prosecuting office
 As soon as official file candidacy he becomes ipso facto as official of IBP
 Disqualified: Accept appointment in the government office, quasi or
prosecutory office in the government
 If you will hold position in the government, you will have to resign as
counsel
 Duties of a Lawyer
 Mission of Lawyer = PUBLIC SERVICE by assisting administration of justice
 HE should be the one to comply the authorities and the law
DUTIES OF A LAWYER
 Maintain allegiance to the republic of the PH
 Uphold Constitution and obey the laws of the land
 A lawyer is descendant of the law and belong to prof in which society has
entrusted administration and dispense of justice, not only win the case of the
client, not because of some activities but win the case
 Lawyer should not do something repugnant in the administration of justice
 In order that a witness to be credible see to it that he can persede on what
happened, through motion, through sign
 Before presenting witness should not be disqualified
 Witness cannot testify because of privilege communication = husband and
wife cannot testify against each other, or against ascendants
 Lawyer cannot testify on matters that was confided to him by his client
 Priest cannot testify
 Doctors and patient, unless there is consent
 A lawyer should not have motive or interest or encourage any suit
 Possibility of peaceful settlement- PRE -TRIAL STAGE
 Pre-Trial stage = lawyer should exercise all his best skill to arrive amicable
settlement, avoid friction and lessen litigation
 It is not good for lawyer to bring suit in cases which involve blood
relationship, lawyer cannot bring suit without seeing family counsel
 Court personnel, police man and other person who has something to do to
the case – you can use as witness
 There is such thing as indigent litigant – the lawyer should defend them and
make himself available especially for the poor and financially disadvantaged
 It is his role to represent the poor and the oppressed
 You should not decline to defend the accused (good bargaining = enter plead
of guilt for a lesser offense)
 If accused is already detained and you are appointed counsel, determine if
he has served his sentence, you can ask him to plead guilty
 Good brilliant performance in the case, spreads like fire and it is your
unending advertisement of your profession
 It is you who will make yourself a brilliant lawyer
 Your voice modulation can help
 SC can admit members of bar and also discipline
 CA and Trial Court can also exercise disciplinary lawyers
 Disbarment / Disciplining Lawyers= to protect the public from unscrupulous
lawyers
SUBJECT FOR SUSPENSION OR DISCIPLINE OF A LAWYER
 DECEIT
 GROSS MISCONDUCT
 CRIME OF MORAL TURPITUDE
 GROSS IMMORAL CONDUCT
 WILLFIL DISOBEDIENCE
 CORRUPTING OR APPEARINGA S LWYER WITHOUT AUTH FROM CLIENT
 SOLICITATION F CASES FOR PURPOSE OF GAIN PERSONALLY OR FOR GAIN