Canons of Professional Ethics-Notes - Chan Robles

Download as pdf or txt
Download as pdf or txt
You are on page 1of 17

CANONS OF PROFESSIONAL ETHICS

 
PREAMBLE
 
In the Philippines, where the stability of courts and of all
departments of government rests upon the approval of the
people, it is peculiarly essential that the system for establishing
and dispensing justice be developed to a high point of efficiency
and so maintained that the public shall have absolute confidence
in the integrity and impartiality of its administration. The future
of the Republic, to a great extent, depends upon our
maintenance of justice pure and unsullied. It cannot be so
maintained unless the conduct and the motives of the members
of our profession are such as to merit the approval of all just
men. chan robles virtual law library
chanrobles virtual law library

No code or set of rules can be framed, which will particularize all


the duties of the lawyer in the varying phase of litigation or in all
the relations of professional life. The following canons of ethics
are adopted by the Philippine Bar Association as a general guide,
yet the enumeration of particular duties should not be construed
as a denial of the existence of others equally imperative, though
not specifically mentioned.  chan robles virtual law library
chanrobles virtual law library

1.  The duty of the lawyer to the courts chan robles virtual law


library
It is the duty of the lawyer to maintain towards the courts a
respectful attitude, not for the sake of the temporary incumbent
of the judicial office, but for the maintenance of its supreme
importance. Judges, not being wholly free to defend themselves,
are peculiarly entitled to receive the support of the bar against
unjust criticism and clamor. Whenever there is proper ground for
serious complaint of a judicial officer, it is the right and duty of
the lawyer to submit his grievances to the proper authorities. In
such cases, but not otherwise, such charges should be
encouraged and the person making them should be protected. chanrobles

 chan robles virtual law library


virtual law library

2.  The selection of judges


It is the duty of the bar to endeavor to prevent political
considerations from outweighing judicial fitness in the selection
of judges. It should protest earnestly and actively against the
appointment of those who are unsuitable for the bench; and it
should strive to have elevated thereto only those willing to
forego other employments whether of a business, political or
other character, which may embarrass their free and fair
consideration of questions before them for decision. The
aspiration of lawyers for judicial position should be governed by
an impartial estimate of their ability to add to the office and not
by a desire for the distinction the position may bring to
themselves. chanrobles virtual law library

3.  Attempts to exert personal influence of the court


Marked attention and unusual hospitality on the part of a lawyer
to a judge, uncalled for by the personal relations of the parties,
subject both the judge and the lawyer to misconstructions of
motive and should be avoided. A lawyer should not communicate
or argue privately with the judge as to the merits of a pending
cause and deserves rebuke and denunciation for any device or
attempt to gain from a judge special personal consideration or
favor. A self-respecting independence in the discharge of
professional duty, without denial or diminution of the courtesy
and respect due the judge's station, is the only proper
foundation for cordial personal and official relations between
bench and bar.  chan robles virtual law library
chanrobles virtual law library

4.  Counsel for an indigent prisoner chan robles virtual law library


A lawyer assigned as counsel for an indigent prisoner ought not
to ask to be excused for any trivial reason and should always
exert his best efforts in his behalf. chanrobles virtual law library

5.  The defense or prosecution of those accused of crime


It is the right of the lawyer to undertake the defense of a person
accused of crime, regardless of his personal opinion as to the
guilt of the accused; otherwise, innocent persons, victims only of
suspicious circumstances, might be denied proper defense.
Having undertaken such defense, the lawyer is bound, by all fair
and honorable means, to present every defense that the law of
the land permits, to the end that no person may be deprived of
life or liberty but by due process of law.  chan robles virtual chanrobles virtual law library

law library
The primary duty of a lawyer engaged in public prosecution is
not to convict but to see that justice is done. The suppression of
facts or the secreting of witnesses capable of establishing the
innocence of the accused is highly reprehensible. chanrobles virtual law library

6.  Adverse influence and conflicting interests chan roaw library


It is a duty of a lawyer at the time of retainer to disclose to the
client all the circumstances of his relations to the parties and any
interest in or connection with the controversy, which might
influence the client in the selection of counsel. chanrobles virtual law library

It is unprofessional to represent conflicting interests, except by


express consent of all concerned given after a full disclosure of
the facts. Within the meaning of this canon, a lawyer represents
conflicting interests when, in behalf of one client, it is his duty to
contend for that which duty to another client requires him to
oppose. chanrobles virtual law library

The obligation to represent the client with undivided fidelity and


not to divulge his secrets or confidence forbids also subsequent
acceptance of retainers or employment from others in matters
adversely affecting any interest of the client with respect to
which confidence has been reposed.  chan robles virtual law
chanrobles virtual law library

library
7.  Professional colleagues and conflicts of opinions chan robles
virtual law library
A client's proffer of assistance of additional counsel should not
be regarded as evidence of want of confidence, but the matter
should be left to the determination of the client. A lawyer should
decline association as colleague if it is objectionable to the
original counsel, but if the lawyer first retained is relieved,
another may come into the case. chanrobles virtual law library

When lawyers jointly associated in a cause cannot agree as to


any matter vital to the interest of the client, the conflict of
opinion should frankly stated to him for his final determination.
His decision should be accepted unless the nature of the
difference makes it impracticable for the lawyer whose judgment
has been overruled to cooperate effectivity. In this event it is his
duty to ask the client to relieve him. chanrobles virtual law library

Efforts, direct or indirect, in any way to encroach upon the


professional employment of another lawyer are unworthy of
those who should be brethren at the bar; but, nevertheless, it is
the right of any lawyer, without fear or favor, to give proper
advice to those seeking relief against unfaithful or neglectful
counsel, generally after communication with the lawyer against
whom the complaint is made. chanrobles virtual law library

8.  Advising upon the merits of a client's cause  chan robles virtual


A lawyer should endeavor to obtain full knowledge of his client's
cause before advising thereon, and he is bound to give a candid
opinion of the merits and probable result of pending or
contemplated litigation. The miscarriages to which justice is
subject, by reason of surprises and disappointments in evidence
and witnesses, through mistakes and errors of courts, even
though only occasional, admonish lawyers to beware of bold and
confident assurances to clients, especially where the
employment may depend upon such assurance. Whenever the
controversy will admit of fair judgment, the client should be
advised to avoid or to end the litigation.
anrobles virtual law library

9.  Negotiations with opposite party chan robles virtual law library


A lawyer should not in any way communicate upon the subject of
controversy with a party represented by counsel, much less
should he undertake to negotiate or compromise the matter with
him, but should deal only with his counsel. It is incumbent upon
the lawyer most particularly to avoid everything that may tend
to mislead a party not represented by counsel, and he should not
undertake to advise him as to the law. chanrobles virtual law library

10.  Acquiring interest in litigation


The lawyer should not purchase any interest in the subject
matter of the litigation which he is conducting. chanrobles virtual law library

11.  Dealing with trust property


The lawyer should refrain from any action whereby for his
personal benefit or gain he abuses or takes advantage of the
confidence reposed in him by his client. chanrobles virtual law library

Money of the client or collected for the client or other trust


property coming into the possession of the lawyer should be
reported and accounted for promptly and should not under any
circumstances be commingled with his own or be used by him. chanrobles

virtual law library

12.  Fixing the amount of the fee chan robles virtual law library


In fixing fees, lawyers should avoid charges which over estimate
their advice and services, as well as those which undervalue
them. A client's ability to pay cannot justify a charge in excess of
the value of the service, though his poverty may require a less
charge, or even none at all. The reasonable requests of brother
lawyers, and of their widows and orphans without ample means,
should receive special and kindly consideration.  chan robles chanrobles virtual law library

virtual law library


In determining the amount of the fees, it is proper to consider: (
1 ) the time and labor required, the novelty and difficulty of the
questions involved and the skill required to properly conduct the
cause; (2) whether the acceptance of employment in the
particular case will preclude the lawyer's appearance for others
in cases likely to arise out of the transaction, and in which there
is a reasonable expectation that otherwise he would be
employed in the particular case or antagonisms with other
clients; (3) the customary charges of the bar for similar services;
(4) the amount involved in the controversy and the benefits
resulting to the client from the services; (5) the contingency or
the certainty of the compensation; and (6) the character of the
employment, whether casual or for an established and constant
client. Not one of these considerations in itself is controlling.
They are mere guides in ascertaining the real value of the
service. chanrobles virtual law library

In determining the customary charges of the bar for similar


services, it is proper for a lawyer to consider a schedule of
minimum fees adopted by a bar association, but no lawyer
should permit himself to be controlled thereby or to follow it as
his sole guide in determining the amount of his fee. In fixing cha
fees, it should not be forgotten that the profession is a branch of
the administration of justice and not a mere money-getting
trade.chanrobles virtual law library

13.  Contingent fees
A contract for a contingent fee, where sanctioned by law, should
be reasonable under all the circumstances of the case including
the risk and uncertainty of the compensation, but should always
be subject to the supervision of a court, as to its reasonableness

14.  Suing a client for a fee


Controversies with clients concerning compensation are to be
avoided by the lawyer so far as shall be compatible with his self
respect and with his right to receive reasonable recompense for
his service; and lawsuits with the clients should be resorted to
only to prevent injustice, imposition or fraud.
chanrobles virtual law library

15.  How far a lawyer may go in supporting a client's cause


Nothing operates more certainly to create or to foster popular
prejudice against lawyers as a class, and to deprive the
profession of that full measure of public esteem and confidence
which belongs to the proper discharge of its duties than does the
false claim. often set up by the unscrupulous for the defense of
questionable transactions, that it is the duty of the lawyer to do
whatever may enable him to succeed in winning his client's
cause.  chan robles virtual law library
chanrobles virtual law library

It is improper for a lawyer to assert in argument his personal


belief in his client's innocence or in the justice of his cause. chanrobles virtual law library

The lawyer owes "entire devotion to the interest of the client,


warm zeal in the maintenance and defense of his rights and the
exertion of his utmost learning and ability," to the end that
nothing be taken or be withheld from him, save by the rules of
law, legally applied. No fear of judicial disfavor or public
popularity should restrain him from the full discharge of his duty.
In the judicial forum the client is entitled to the benefit of any
and every remedy and defense that is authorized by the law of
the land, and he may expect his lawyer to assert every such
remedy or defense. But it is steadfastly to be borne in mind that
the great trust of the lawyer is to be performed within and not
without the bounds of the law. The office of attorney does not
permit, much less does it 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. chanrobles virtual law library

16.  Restraining clients from improprieties chan robles virtual law


A lawyer should use his best efforts to restrain and to prevent
his clients from doing those things which the lawyer himself
ought not to do, particularly with reference to their conduct
towards courts, judicial officers, jurors, witnesses and suitors. If
a client persist in such wrongdoings the lawyer should terminate
their relation. chanrobles virtual law library

17.  Ill-feelings and personalities between advocates


Clients, not lawyers, are the litigants. Whatever may be the
ill-feeling existing between clients, should not be allowed to
influence counsel in their conduct and demeanor toward each
other or toward suitors in the case. All personalities between
counsel should be scrupulously avoided. In the trial of a cause it
is indecent to allude to the personal history or the personal
peculiarities and idiosyncrasies of counsel on the other side.
Personal colloquies between counsel which cause delay and
promote unseemly wranglings should also be carefully
avoided. chanrobles virtual law library

18.  Treatment of witnesses and litigants


A lawyer should always treat adverse witnesses and suitors with
fairness and due consideration, and he should never minister to
the malevolence or prejudices of a client in the trial or conduct of
a cause. The client can not be made the keeper of the lawyer's
conscience in professional matter. He has no right to demand
that his counsel shall abuse the opposite party or indulge in
offensive personalities. Improper speech is not excusable on the
ground that it is what the client would say if speaking in his own
behalf.chanrobles virtual law library

19.  Appearance of lawyer as witness for his client


When a lawyer is a witness for his client, except as to merely
formal matters, such as the attestation or custody of an
instrument and the like, he should leave the trial of the case to
other counsel. Except when essential to the ends justice, a
lawyer should avoid testifying in behalf of his client. chanrobles virtual law library

20.  Newspaper discussion of pending litigation


Newspaper publication by a lawyer as to pending or anticipated
litigation may interfere with a fair trial in the courts and
otherwise the due administration of justice. Generally, they are
to be condemned. If the extreme circumstances of a particular
case justify a statement to the public, it is unprofessional to
make it anonymous. An ex parte reference to the facts should
not go beyond quotation from the records and papers on file in
the court; but even in extreme cases it is better to avoid an ex
parte statement. chanrobles virtual law library

21.  Punctuality and expedition chan robles virtual law library


It is the duty of the lawyer not only to his client, but also to the
courts and to the public to be punctual in attendance, and to be
concise and direct in the trial and disposition of causes. chanrobles virtual law library

22.  Candor and fairness


The conduct of the lawyer before the court and with other
lawyers should be characterized by candor and fairness. chanrobles virtual law library

It is not candid nor fair for the lawyer knowingly to misquote the
contents of a paper, the testimony of a witness, the language or
the argument of opposing counsel, of the language of a decision
or a textbook; or with knowledge of its invalidity, to cite as
authority a decision that has been overruled or a statute that has
been repealed, or in argument to assert as a fact that which has
not been proved, or in those jurisdictions where a side has the
opening and closing arguments to mislead his opponent by
concealing or withholding positions in his opening argument
upon which his side then intends to rely. chanrobles virtual law library

It is unprofessional and dishonorable to deal other than candidly


with the facts in taking the statements of witnesses, in drawing
affidavits and other documents, and in the presentation of
causes.chanrobles virtual law library

A lawyer should not offer evidence which he knows the court


should reject, in order to get the same before the jury by
arguments for its admissibility, nor should he address to the
judge arguments upon any points not properly calling for
determination by him. Neither should he introduce into an
argument, addressed to the court, remarks or statements
intended to influence the bystanders. chanrobles virtual law library

23.  Attitude towards jury


All attempts to curry favor with juries by fawning flattery or
pretended solicitude for their personal comfort are
unprofessional. Suggestions of counsel, looking to the comfort or
convenience of jurors, and propositions to dispense with
arguments, should be made to the court out of the jury's
hearing. A lawyer must never converse privately with jurors
about the case; and both before and during the trial he should
avoid communicating with them even as to matters foreign to
the cause. chanrobles virtual law library

24.  Right of lawyer to control the incidents of the trial chan robles


As to incidental matters pending trial, not affecting the merits of
the cause, or working substantial prejudice to the rights of the
client, such as forcing the opposite lawyer to trial when he is
under affliction or bereavement; forcing the trial on a particular
day to the injury of the opposite lawyer when no harm will result
from a trial at different time; agreeing to an extension of time for
signing a bill of exceptions, cross interrogatories and the like,
the lawyer must be allowed to judge. In such matters no client
has a right to demand that his counsel shall be illiberal, or that
he does anything therein repugnant to his own sense of honor
and propriety. chanrobles virtual law library

25.  Taking technical advantage of opposite counsel; agreement


with him
A lawyer should not ignore known customs or practice of the bar
or of a particular court, even when the law permits, without
giving timely notice to the opposite counsel. As far as possible,
important agreements, affecting the rights of clients, should be
reduced to writing, but it is dishonorable to avoid performance of
an agreement fairly made because it is not reduced to writing, as
required by the Rules of Court. chanrobles virtual law library

26.  Professional advocacy other than before courts


A lawyer openly, and in his true character may render
professional services before legislative or other bodies,
regarding proposed legislation and in advocacy of claims before
departments of government upon the same principles of ethics
which justify his appearance before courts; but it is
unprofessional for a lawyer so engaged, to conceal his
attorneyship, or to employ secret personal solicitations, or to use
means other than those addressed to reason and understanding,
to influence action.
chanrobles virtual law library

27.  Advertising, direct or indirect chan robles virtual law library


It is unprofessional to solicit professional employment by
circulars, advertisements, through touters, or by personal
communications or interviews not warranted by personal
relations. Indirect advertisements for professional employment
such as furnishing or inspiring newspaper comments, or
procuring his photograph to be published in connection with
causes in which the lawyer has been or is engaged or concerning
the manner of their conduct, the magnitude of the interest
involved, the importance of the lawyer's position, and all other
like-laudation, offend the traditions and lower the tone of our
profession and are reprehensible; but the customary use of
simple professional cards is not improper. chanrobles virtual law library

Publication in reputable law lists in a manner consistent with the


standards of conduct imposed by those canons of brief
biographical and informative data is permissible. Such data must
not be misleading and may include only a statement of the
lawyer's name and the names of his professional associates;
addresses, telephone numbers, cable addresses; branches of the
profession practiced; date and place of birth and admission to
the bar; schools attended; with dates of graduation, degrees and
other educational distinctions; public or quasi-public offices;
posts of honor; legal authorship; legal teaching positions;
memberships and offices in bar associations and committees
thereof, in legal and scientific societies and legal fraternities; the
fact of references; and, with their written consent, the names of
clients regularly represented. A certificate of compliance with
the Rules and Standards issued by the Special Committee on Law
Lists may be treated as evidence that such list is reputable. chanrobles virtual law library

28.  Stirring up litigation, directly or through agents


It is unprofessional for a lawyer to volunteer advice to bring a
lawsuit, except in rare cases where ties of blood, relationship or
trust make it his duty to do so. Stirring up strife and litigation is
not only unprofessional, but it is indictable at common law. It is
disreputable to hunt up defects in titles or other causes of action
and inform thereof in order to be employed to bring suit or
collect judgment, or to breed litigation by seeking out those with
claims for personal injuries or those having any other grounds of
action in order to secure them as clients, or to employ agents or
runners for like purposes, or to pay or reward, directly or
indirectly, those who bring or influence the bringing of such
cases to his office, or to remunerate policemen, court or prison
officials, physicians, hospital attaches or others who may
succeed under the guise of giving disinterested friendly advice,
in influencing the criminal, the sick and the injured, the ignorant
or others, to seek his professional services. A duty to the public
and to the profession devolves upon every member of the bar
having knowledge of such practices upon the part of any
practitioner immediately to inform thereof, to the end that the
offender may be disbarred. chanrobles virtual law library

29.  Upholding the honor of the profession


Lawyers should expose without fear or favor before the proper
tribunal corrupt or dishonest conduct in the profession, and
should accept without hesitation employment against a member
of the bar who has wronged his client. The counsel upon the trial
of a cause in which perjury has been committed owe it to the
profession and to the public to bring the matter to the
knowledge of the prosecuting authorities. The lawyer should aid
in guarding the bar against admission to the profession of
candidates unfit or unqualified because deficient in either moral
character or education. He should strive at all times to uphold
the honor and to maintain the dignity of the profession and to
improve not only the law but the administration of justice. chanrobles virtual law library

30.  Justifiable and unjustifiable litigations chan robles virtual law


The lawyer must decline to conduct a civil cause or to make a
defense when convicted that it is intended merely to harass or to
injure the opposite party or to work oppression or wrong. But
otherwise it is right, and having accepted retainer, it becomes
his duty to insist upon the judgment of the court as to the legal
merits of his client's claim. His appearance in court should be
deemed equivalent to an assertion on his honor that in his
opinion his client's case is one proper for judicial
determination. chanrobles virtual law library

31.  Responsibility for litigation chan robles virtual law library


No lawyer is obliged to act either as adviser or advocate for
every person who may wish to become his client. He has the
right to decline employment. chanrobles virtual law library

Every lawyer upon his own responsibility must decide what


employment he will accept as counsel, what causes he will bring
into court for plaintiffs, what case he will contest in court for
defendants. The responsibility for advising as to questionable
defenses is the lawyer's responsibility. He cannot escape it but
urging as an excuse that he is only following his client's
instructions.chanrobles virtual law library

32.  The lawyer's duty in its last analysis chan robles virtual law


No client corporate or individual, however, powerful nor any
cause, civil or political, however important, is entitled to receive
nor should any lawyer render any service or advice involving
disloyalty to the laws whose ministers we are, or disrespect of
the judicial office, which we are bound to uphold, or corruption
of any person or persons exercising a public office or private
trust, or deception or betrayal of the public. When rendering any
such improper service or advice, the lawyer invites and merits
stern and just condemnation. Correspondingly, he advances the
honor of his profession and the best interests of his client when
he renders service or gives advice tending to impress upon the
client and his undertaking exact compliance with the strictest
principles of moral law. He must also observe and advice his
client to observe the statute law, though until a statute shall
have been construed and interpreted by competent adjudication
he is free and is entitled to advise as to its validity and as to
what he conscientiously believes to be its just meaning and
extent. But above all a lawyer will find his highest honor in a
deserved reputation for fidelity to private trust and to public
duty, as an honest man and as a patriotic and loyal citizen. chanrobles virtual law library

33.  Partnership - names
Partnerships among lawyers for the practice of their profession
are very common and are not to be condemned. In the formation
of partnerships and the use of partnership names, care should be
taken not to violate any law, custom, or rule of court locally
applicable. Where partnerships are formed between lawyers who
are not all admitted to practice in the courts of the state, care
should be taken to avoid any misleading name or representation
which would create a false impression as to the professional
position or privilege of the member not locally admitted. chanrobles virtual law library

In the formation of partnerships for the practice of law no


person should be admitted or held out as practitioner or member
who is not a member of the legal profession duly authorized to
practice, and amenable to professional discipline. In the
selection and use of a firm name, no false, misleading, assumed
or trade name should be used. The continued use of the name of
a deceased or former partner, when permissible by local custom,
is not unethical, but care should be taken that no imposition or
deception is practiced through this use. When a member of the
firm, on becoming a judge, is precluded from practicing law, his
name should not be continued in the firm name. chanrobles virtual law library

Partnership between lawyers and members of other professions


or non-professional persons should not be formed or permitted
where any part of the partnership's employment consists of the
practice of law.
chanrobles virtual law library
34.  Division of fee
No division of fees for legal services is proper, except with
another lawyer, based upon a division of service or
responsibility.
chanrobles virtual law library

35.  Intermediaries chan robles virtual law library


The professional services of a lawyer should not be controlled or
exploited by any lay agency, personal or corporate, which
intervenes between client and lawyer. A lawyer's responsibilities
and qualifications are individual. He should avoid all relations
which direct the performance of his duties by or in the interest of
such intermediary. A lawyer's relation to his client should be
personal, and his responsibility should be direct to the client.
Charitable societies rendering aid to the indigents are not
deemed such intermediaries. chanrobles virtual law library

A lawyer may accept employment from any organization, such as


an association, club or trade organization, to render legal
services in any matter in which the organization, as an entity, is
interested, but this employment should not include the rendering
of legal services to the members of such an organization in
respect to their individual affairs. chanrobles virtual law library

36.  Retirement from judicial position or public employment


A lawyer should not accept employment as an advocate in any
matter upon the merits of which he has previously acted in a
judicial capacity.  chan robles virtual law library
chanrobles virtual law library

A lawyer, having once held public office or having been in the


public employ should not, after his retirement, accept
employment in connection with any matter he has investigated
or passed upon while in such office or employ. chanrobles virtual law library

37.  Confidence of a client
It is the duty of a lawyer to preserve his client's confidences.
This duty outlasts the lawyer's employment and 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 private advantages of the
client, without his knowledge and consent, and even though
there are other available sources of such information. A lawyer
should not continue employment when he discovers that this
obligation prevents the performance of his full duty to his former
or to his new client.chanrobles virtual law library

If a lawyer is accused by his client, he is not precluded from


disclosing the truth in respect to the accusation. The announced
intention of a client to commit a crime is not included within the
confidence which he is bound to respect. He may properly make
such disclosure as may be necessary to prevent the act or
protect those against whom it is threatened. chanrobles virtual law library

38.  Compensation, commissions and rebates


A lawyer should accept no compensation, commissions, rebates
or other advantages from others without the knowledge and
consent of his client after full disclosure. chanrobles virtual law library

39.  Witness
A lawyer may properly interview any witness or prospective
witness for the opposing side in any civil or criminal action
without the consent of opposing counsel or party. In doing so,
however, he should scrupulously avoid any suggestion calculated
to induce the witness to suppress or deviate from the truth, or in
any degree to affect his free and untrammeled conduct when
appearing at the trial or on the witness stand.  chan robles chanrobles virtual law library

virtual law library


40.  Newspapers chan robles virtual law library
A lawyer may with propriety write articles for publications in
which he gives information upon the law; but he could not accept
employment from such publication to advice inquiries in respect
to their individual rights.  chan robles virtual law library
chanrobles virtual law library

41.  Discovery of imposition and deception chan robles virtual law


When a lawyer discovers that some fraud or deception has been
practiced, which was unjustly imposed upon the court or party,
he should endeavor to rectify it; at first by advising his client,
and should endeavor to rectify it; at first by advising his client,
and if his client refuses to forego the advantage thus unjustly
gained, he should promptly inform the injured person or his
counsel, so that they may take appropriate steps. chanrobles virtual law library

42.  Expenses chan robles virtual law library


A lawyer may not properly agree with a client that the lawyer
shall pay or beat the expense of litigation; he may in good faith
advance expenses as a matter of convenience, but subject to
reimbursement. chanrobles virtual law library

43.  Approved law lists chan robles virtual law library


It is improper for a lawyer to permit his name to be published in
a law list the conduct, management or contents of which are
calculated or likely to deceive or injure the public or the
profession, or to lower the dignity or standing of the
profession.chanrobles virtual law library

44.  Withdrawal from employment as attorney or counsel chan


The right of an attorney or counsel to withdraw from
employment, once assumed, arises only from good cause. Even
the desire or consent of the client is not always sufficient. The
lawyers should not throw up the unfinished task to the detriment
of his client except for reasons of honor or self-respect. If the
client insists upon an unjust or immoral course in the conduct of
his case, or if he persists over the attorney's remonstrance in
presenting frivolous defenses, or if he deliberately disregards an
agreement or obligation as to fees or expenses, the lawyer may
be warranted in withdrawing on due notice to the client,
allowing him time to employ another lawyer. So, also, when a
lawyer discovers that his client has no case and the client is
determined to continue it; or even if the lawyer finds himself
incapable of conducting the case effectively. Sundry other
instances may arise in which withdrawal is to be justified. Upon
withdrawal from a case after a retainer has been paid, the
attorney should refund such part of the retainer as has not been
clearly earned. chanrobles virtual law library

45.  Specialists chan robles virtual law library


The canons of the Philippine Bar Association apply to all
branches of the legal profession; specialist in particular branches
are not to be considered as exempt from the application of these
principles. chanrobles virtual law library

46.  Notice of specialized legal service chan robles virtual law library


Where a lawyer is engaged in rendering a specialized legal
service directly and only to other lawyers, a brief, dignified
notice of the fact, couched in language indicating that it is
addressed to lawyers, inserted in legal periodicals and like
publications, when it will afford convenient and beneficial
information to lawyers desiring to obtain such service, is not
improper. chanrobles virtual law library

47.  Aiding the unauthorized practice of law chan robles virtual law


No lawyer shall permit his professional services, or his name to
be used in aid of, or to make possible, the unauthorized practice
of law by any lay agency, personal or corporate. chanr

You might also like