Canons of Professional Ethics-Notes - Chan Robles
Canons of Professional Ethics-Notes - Chan Robles
Canons of Professional Ethics-Notes - Chan Robles
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
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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
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7. Professional colleagues and conflicts of opinions chan robles
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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
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
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been repealed, or in argument to assert as a fact that which has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
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
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
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