Cannons To The Code of Professional Responsibility
Cannons To The Code of Professional Responsibility
Cannons To The Code of Professional Responsibility
Rule 2.02 - In such cases, even if the lawyer does not Rule 6.01 - The primary duty of a lawyer engaged in
accept a case, he shall not refuse to render legal advice to public prosecution is not to convict but to see that justice
the person concerned if only to the extent necessary to is done. The suppression of facts or the concealment of
safeguard the latter's rights. witnesses capable of establishing the innocence of the
accused is highly reprehensible and is cause for
Rule 2.03 - A lawyer shall not do or permit to be done any disciplinary action.
act designed primarily to solicit legal business.
Rule 6.02 - A lawyer in the government service shall not
Rule 2.04 - A lawyer shall not charge rates lower than use his public position to promote or advance his private
those customarily prescribed unless the circumstances so interests, nor allow the latter to interfere with his public
warrant. duties.
CANON 3 - A LAWYER IN MAKING KNOWN HIS Rule 6.03 - A lawyer shall not, after leaving government
LEGAL SERVICES SHALL USE ONLY TRUE, service, accept engagement or employment in connection
HONEST, FAIR, DIGNIFIED AND OBJECTIVE with any matter in which he had intervened while in said
INFORMATION OR STATEMENT OF FACTS. service.
Rule 3.01 - A lawyer shall not use or permit the use of CHAPTER II. THE LAWYER AND THE LEGAL
any false, fraudulent, misleading, deceptive, undignified, PROFESSION
self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
CANON 7 - A LAWYER SHALL AT ALL TIMES (c) Where a lawyer or law firm includes non-lawyer
UPHOLD THE INTEGRITY AND DIGNITY OF employees in a retirement plan even if the plan is based in
THE LEGAL PROFESSION AND SUPPORT THE whole or in part, on a profit sharing agreement.
ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly
CHAPTER III. THE LAWYER AND THE COURTS
making a false statement or suppressing a material fact in
connection with his application for admission to the bar. CANON 10 - A LAWYER OWES CANDOR,
FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 7.02 - A lawyer shall not support the application for
admission to the bar of any person known by him to be Rule 10.01 - A lawyer shall not do any falsehood, nor
unqualified in respect to character, education, or other consent to the doing of any in Court; nor shall he mislead,
relevant attribute. or allow the Court to be misled by any artifice.
Rule 7.03 - A lawyer shall not engage in conduct that Rule 10.02 - A lawyer shall not knowingly misquote or
adversely reflects on his fitness to practice law, nor shall misrepresent the contents of a paper, the language or the
he whether in public or private life, behave in a argument of opposing counsel, or the text of a decision or
scandalous manner to the discredit of the legal profession. authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as
CANON 8 - A LAWYER SHALL CONDUCT
a fact that which has not been proved.
HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL Rule 10.03 - A lawyer shall observe the rules of procedure
COLLEAGUES, AND SHALL AVOID HARASSING and shall not misuse them to defeat the ends of justice.
TACTICS AGAINST OPPOSING COUNSEL.
CANON 11 - A LAWYER SHALL OBSERVE AND
Rule 8.01 - A lawyer shall not, in his professional MAINTAIN THE RESPECT DUE TO THE
dealings, use language which is abusive, offensive or COURTS AND TO JUDICIAL OFFICERS AND
otherwise improper. SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.
Rule 8.02 - A lawyer shall not, directly or indirectly,
encroach upon the professional employment of another Rule 11.01 - A lawyer shall appear in court properly
lawyer, however, it is the right of any lawyer, without fear attired.
or favor, to give proper advice and assistance to those
seeking relief against unfaithful or neglectful counsel. Rule 11.02 - A lawyer shall punctually appear at court
hearings.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY
OR INDIRECTLY, ASSIST IN THE Rule 11.03 - A lawyer shall abstain from scandalous,
UNAUTHORIZED PRACTICE OF LAW. offensive or menacing language or behavior before the
Courts.
Rule 9.01 - A lawyer shall not delegate to any unqualified
person the performance of any task which by law may Rule 11.04 - A lawyer shall not attribute to a Judge
only be performed by a member of the bar in good motives not supported by the record or have no materiality
standing. to the case.
Rule 9.02 - A lawyer shall not divide or stipulate to divide Rule 11.05 - A lawyer shall submit grievances against a
a fee for legal services with persons not licensed to Judge to the proper authorities only.
practice law, except: CANON 12 - A LAWYER SHALL EXERT EVERY
(a) Where there is a pre-existing agreement with a partner EFFORT AND CONSIDER IT HIS DUTY TO
or associate that, upon the latter's death, money shall be ASSIST IN THE SPEEDY AND EFFICIENT
paid over a reasonable period of time to his estate or to ADMINISTRATION OF JUSTICE.
persons specified in the agreement; or Rule 12.01 - A lawyer shall not appear for trial unless he
(b) Where a lawyer undertakes to complete unfinished has adequately prepared himself on the law and the facts
legal business of a deceased lawyer; or of his case, the evidence he will adduce and the order of
its proferrence. He should also be ready with the original
documents for comparison with the copies.
Rule 12.02 - A lawyer shall not file multiple actions Rule 14.01 - A lawyer shall not decline to represent a
arising from the same cause. person solely on account of the latter's race, sex. creed or
status of life, or because of his own opinion regarding the
Rule 12.03 - A lawyer shall not, after obtaining
guilt of said person.
extensions of time to file pleadings, memoranda or briefs,
let the period lapse without submitting the same or Rule 14.02 - A lawyer shall not decline, except for serious
offering an explanation for his failure to do so. and sufficient cause, an appointment as counsel de officio
or as amicus curiae, or a request from the Integrated Bar
Rule 12.04 - A lawyer shall not unduly delay a case,
of the Philippines or any of its chapters for rendition of
impede the execution of a judgment or misuse Court
free legal aid.
processes.
Rule 14.03 - A lawyer may not refuse to accept
Rule 12.05 - A lawyer shall refrain from talking to his
representation of an indigent client if:
witness during a break or recess in the trial, while the
witness is still under examination. (a) he is not in a position to carry out the work effectively
or competently;
Rule 12.06 - A lawyer shall not knowingly assist a
witness to misrepresent himself or to impersonate (b) he labors under a conflict of interest between him and
another. the prospective client or between a present client and the
prospective client.
Rule 12.07 - A lawyer shall not abuse, browbeat or harass
a witness nor needlessly inconvenience him. Rule 14.04 - A lawyer who accepts the cause of a person
unable to pay his professional fees shall observe the same
Rule 12.08 - A lawyer shall avoid testifying in behalf of
standard of conduct governing his relations with paying
his client, except:
clients.
(a) on formal matters, such as the mailing, authentication
CANON 15 - A LAWYER SHALL OBSERVE
or custody of an instrument, and the like; or
CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
(b) on substantial matters, in cases where his testimony is DEALINGS AND TRANSACTIONS WITH HIS
essential to the ends of justice, in which event he must, CLIENTS.
during his testimony, entrust the trial of the case to
Rule 15.01. - A lawyer, in conferring with a prospective
another counsel.
client, shall ascertain as soon as practicable whether the
CANON 13 - A LAWYER SHALL RELY UPON THE matter would involve a conflict with another client or his
MERITS OF HIS CAUSE AND REFRAIN FROM own interest, and if so, shall forthwith inform the
ANY IMPROPRIETY WHICH TENDS TO prospective client.
INFLUENCE, OR GIVES THE APPEARANCE OF
Rule 15.02.- A lawyer shall be bound by the rule on
INFLUENCING THE COURT.
privilege communication in respect of matters disclosed
Rule 13.01 - A lawyer shall not extend extraordinary to him by a prospective client.
attention or hospitality to, nor seek opportunity for
Rule 15.03. - A lawyer shall not represent conflicting
cultivating familiarity with Judges.
interests except by written consent of all concerned given
Rule 13.02 - A lawyer shall not make public statements after a full disclosure of the facts.
in the media regarding a pending case tending to arouse
Rule 15.04. - A lawyer may, with the written consent of
public opinion for or against a party.
all concerned, act as mediator, conciliator or arbitrator in
Rule 13.03 - A lawyer shall not brook or invite settling disputes.
interference by another branch or agency of the
Rule 15.05. - A lawyer when advising his client, shall
government in the normal course of judicial proceedings.
give a candid and honest opinion on the merits and
CHAPTER IV. THE LAWYER AND THE CLIENT probable results of the client's case, neither overstating
nor understating the prospects of the case.
CANON 14 - A LAWYER SHALL NOT REFUSE
HIS SERVICES TO THE NEEDY. 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 Rule 18.04 - A lawyer shall keep the client informed of
compliance with the laws and the principles of fairness. the status of his case and shall respond within a reasonable
time to the client's request for information.
Rule 15.08. - A lawyer who is engaged in another
profession or occupation concurrently with the practice of CANON 19 - A LAWYER SHALL REPRESENT
law shall make clear to his client whether he is acting as a HIS CLIENT WITH ZEAL WITHIN THE
lawyer or in another capacity. BOUNDS OF THE LAW.
CANON 16 - A LAWYER SHALL HOLD IN TRUST Rule 19.01 - A lawyer shall employ only fair and honest
ALL MONEYS AND PROPERTIES OF HIS means to attain the lawful objectives of his client and shall
CLIENT THAT MAY COME INTO HIS not present, participate in presenting or threaten to present
PROFESSION. unfounded criminal charges to obtain an improper
Rule 16.01 - A lawyer shall account for all money or advantage in any case or proceeding.
property collected or received for or from the client. Rule 19.02 - A lawyer who has received information that
Rule 16.02 - A lawyer shall keep the funds of each client his client has, in the course of the representation,
separate and apart from his own and those of others kept perpetrated a fraud upon a person or tribunal, shall
by him. promptly call upon the client to rectify the same, and
failing which he shall terminate the relationship with such
Rule 16.03 - A lawyer shall deliver the funds and property client in accordance with the Rules of Court.
of his client when due or upon demand. However, he shall
have a lien over the funds and may apply so much thereof Rule 19.03 - A lawyer shall not allow his client to dictate
as may be necessary to satisfy his lawful fees and the procedure in handling the case.
disbursements, giving notice promptly thereafter to his CANON 20 - A LAWYER SHALL CHARGE
client. He shall also have a lien to the same extent on all
ONLY FAIR AND REASONABLE FEES.
judgments and executions he has secured for his client as
provided for in the Rules of Court. Rule 20.01 - A lawyer shall be guided by the following
factors in determining his fees:
Rule 16.04 - A lawyer shall not borrow money from his
client unless the client's interest are fully protected by the (a) the time spent and the extent of the service rendered or
nature of the case or by independent advice. Neither shall required;
a lawyer lend money to a client except, when in the
interest of justice, he has to advance necessary expenses (b) the novelty and difficulty of the questions involved;
in a legal matter he is handling for the client. (c) The importance of the subject matter;
CANON 17 - A LAWYER OWES FIDELITY TO (d) The skill demanded;
THE CAUSE OF HIS CLIENT AND HE SHALL BE
MINDFUL OF THE TRUST AND CONFIDENCE (e) The probability of losing other employment as a result
REPOSED IN HIM. of acceptance of the proffered case;
CANON 18 - A LAWYER SHALL SERVE HIS (f) The customary charges for similar services and the
CLIENT WITH COMPETENCE AND DILIGENCE. schedule of fees of the IBP chapter to which he belongs;
Rules 18.01 - A lawyer shall not undertake a legal service (g) The amount involved in the controversy and the
which he knows or should know that he is not qualified to benefits resulting to the client from the service;
render. However, he may render such service if, with the
(h) The contingency or certainty of compensation;
consent of his client, he can obtain as collaborating
counsel a lawyer who is competent on the matter. (i) The character of the employment, whether occasional
or established; and
Rule 18.02 - A lawyer shall not handle any legal matter
without adequate preparation. (j) The professional standing of the lawyer.
Rule 18.03 - A lawyer shall not neglect a legal matter
entrusted to him, and his negligence in connection
therewith shall render him liable.
Rule 20.02 - A lawyer shall, in case of referral, with the Rule 21.07 - A lawyer shall not reveal that he has been
consent of the client, be entitled to a division of fees in consulted about a particular case except to avoid possible
proportion to the work performed and responsibility conflict of interest.
assumed.
CANON 22 - A LAWYER SHALL WITHDRAW HIS
Rule 20.03 - A lawyer shall not, without the full SERVICES ONLY FOR GOOD CAUSE AND UPON
knowledge and consent of the client, accept any fee, NOTICE APPROPRIATE IN THE
reward, costs, commission, interest, rebate or forwarding CIRCUMSTANCES.
allowance or other compensation whatsoever related to
Rule 22.01 - A lawyer may withdraw his services in any
his professional employment from anyone other than the
of the following case:
client.
(a) When the client pursues an illegal or immoral course
Rule 20.04 - A lawyer shall avoid controversies with
of conduct in connection with the matter he is handling;
clients concerning his compensation and shall resort to
judicial action only to prevent imposition, injustice or (b) When the client insists that the lawyer pursue conduct
fraud. violative of these canons and rules;
CANON 21 - A LAWYER SHALL PRESERVE (c) When his inability to work with co-counsel will not
THE CONFIDENCE AND SECRETS OF HIS promote the best interest of the client;
CLIENT EVEN AFTER THE ATTORNEY-
(d) When the mental or physical condition of the lawyer
CLIENT RELATION IS TERMINATED. renders it difficult for him to carry out the employment
Rule 21.01 - A lawyer shall not reveal the confidences or effectively;
secrets of his client except; (e) When the client deliberately fails to pay the fees for
(a) When authorized by the client after acquainting him of the services or fails to comply with the retainer
the consequences of the disclosure; agreement;
(b) When required by law; (f) When the lawyer is elected or appointed to public
office; and
(c) When necessary to collect his fees or to defend
himself, his employees or associates or by judicial action. (g) Other similar cases.
Rule 21.02 - A lawyer shall not, to the disadvantage of his Rule 22.02 - A lawyer who withdraws or is discharged
client, use information acquired in the course of shall, subject to a retainer lien, immediately turn over all
employment, nor shall he use the same to his own papers and property to which the client is entitled, and
advantage or that of a third person, unless the client with shall cooperative with his successor in the orderly transfer
full knowledge of the circumstances consents thereto. of the matter, including all information necessary for the
proper handling of the matter.
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.