Legal Ethics reviewer

Coffee and codals
Here’s a short reviewer I did for our Legal Prof (Legal Ethics) finals exams. Canons in the Code of Professional Responsibility were grouped into several classifications, to make it easier to remember.

ON TRUTH-TELLING:

Rule 1.01. A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02. A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system.

Rule 6.01. 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 concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

Canon 10. A lawyer owes candor, fairness and good faith to the court.

Rule 10. 01. A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the court to be misled, by any artifice.

Rule 10. 02. A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment or assert as a fact that which has not been proved.

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

Rule 11.05. A lawyer shall not attribute to a judge motives not supported by the record or have materiality to the case.

Rule 12. 06. A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

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.

Rule of Court 138, Section 20. (d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;

SERVICE TO THE POOR AND NEEDY:

Rule 2.01. A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed.

Rule 2.02. In such cases, even if the lawyer does not accept a case, he shall not refuse to render legal advice to the person concerned if only to the extent necessary to safeguard the latter’s rights.

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 in life, or because of his own opinion regarding the guilt of said person.

Rule 14.02. A lawyer shall not decline, except for a serious and sufficient cause, an appointment as counsel de oficio 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.

Rule 14. 03. A lawyer may not refuse to accept representation of an indigent client unless:

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 client and the prospective client.

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.

Rules of Court, Section 20. (h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed;

CATCH-ALL PHRASES:
*some are catch-all, some can be “construed” to apply to gray areas

Canon 1. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes.

Canon 2. A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession.

Rule 6.01. The primary duty of a lawyer engaged in public prosecution is not to convict but o see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action.

Rule 6.02. A lawyer in the government service shall not use his public position to promote or advance his private interests nor allow the latter to interfere with his public duties.

Rule 6.03. A lawyer shall not, after leaving a government service, accept engagement or employment in connection with any matter in which he had intervened while in said service.

Rule 7. 03. A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

Canon 8. A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues and shall avoid harassing tactics against opposing counsel.

Canon 9. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

Canon 10. A lawyer owes candor, fairness and good faith to the court.

Rule 10.01. A lawyer shall not to do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the court to be misled by any artifice.

Rule 10.03. A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice.

Canon 11. A lawyer shall observe and maintain the respect of officers and should insist on similar conduct by others.

Rule 11.04. A lawyer shall not attribute to a judge motives not supported by the record or have materiality to the case.

Rule 11.05. A lawyer shall submit grievances against a judge to the proper authorities only.

Canon 12. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice.

Rule 12. 02. A lawyer shall not file multiple actions arising from the same cause.

Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.

Canon 13. A lawyer shall rely upon the merits of his cause and refrain from any impropriety that tends to influence, or gives the appearance of influencing, the court.

Rule 13.01. A lawyer shall not extend extraordinary attention or hospitality to, nor seek opportunity for cultivating familiarity with judges.

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.

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.

Canon 15. A lawyer shall observe candor, fairness and loyalty in all his dealings and transactions with his client.

Rule 15.02. A lawyer shall be bound by the rule of privileged communication in respect to 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 full disclosure of the facts.

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.

Rule 15.07. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Canon 16. A lawyer shall hold in trust all moneys and properties of his client that may come into his profession.

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.

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 18. A lawyer shall serve his client with competence and diligence.

Rule 18. 03. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Canon 19. A lawyer shall represent his client with zeal within the bounds of the law.

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.

Canon 20. A lawyer shall charge only fair and reasonable fees.

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.

Canon 21. A lawyer shall preserve the confidence and secrets of his clients even after the attorney-client relation is terminated.

Canon 22. A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.

Rules of Court, Sec. 20: Duties of attorneys. – It is the duty of an attorney: (a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 
 

(b) To observe and maintain the respect due to the courts of justice and judicial officers; 
 

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 
 

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; 
 

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval; 
 

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; 
 

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motive or interest; 
 

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; 

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

Judicial Conduct

Canon 1. Independence. Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects.

SECTION 1. Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.

SEC. 2. In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.
48
SEC. 3. Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.

SEC. 4. Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

SEC. 5. Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.

SEC. 6. Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate.

SEC. 7. Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary.

SEC. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the judiciary which is fundamental to the maintenance of judicial independence.

CANON 2

INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.

SECTION 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.

SEC. 2. The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done.

CANON 3

IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.

SECTION 1. Judges shall perform their judicial duties without favor, bias or prejudice.

SEC. 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.

SEC. 3. Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases.

SEC. 4. Judges shall not knowingly, while a proceeding is before, or could come before, them make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue.

SEC. 5. Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially.

CANON 4

PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the activities of a judge.

SECTION 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities.

SEC. 2. As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.

SEC. 3. Judges shall, in their personal relations with individual members of the legal profession who practice regularly in their court, avoid situations which might reasonably give rise to the suspicion or appearance of favoritism or partiality.

SEC. 6. Judges, like any other citizen, are entitled to freedom of expression, belief, association and assembly, but in exercising such rights, they shall always conduct themselves in such a manner as to preserve the dignity of the judicial office and the impartiality and independence of the judiciary.

SEC. 8. Judges shall not use or lend the prestige of the judicial office to advance their private interests, or those of a member of their family or of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.

SEC. 9. Confidential information acquired by judges in their judicial capacity shall not be used or disclosed by for any other purpose related to their judicial duties.

DUTY TO THE CLIENT:

Canons 15-19

Limitations:
Rule 1.02. not to abet or counsel activities aimed at defiance of the law
Rule 1.03. not to encourage suit, proceeding, or delay cause
Rule 1.04 to encourage clients to avoid, settle if it will admit of fair settlement
Rule 6.01. not to convict but to see that justice is done
Rule 9.01. not to delegate to unqualified person legal tasks
Rule 10.01 not to do falsehood or consent to doing of any in court
Rule 10.02. not knowingly misquote or misrepresent documents
Rule 10.03. not to misuse rules of procedure to defeat ends of justice
Rule 12.02. not to file multiple actions from same cause
Rule 12.04 not unduly delay a case, impede execution, misuse court process

Rule 12.04. A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse court processes.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: