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    Do not be afraid for I am with you and will rescue you, declares the LORD-Jessamyn Uy-

    CODE OF PROFESSIONAL RESPONSIBILITY ANDTHE CODE OF JUDICIAL CONDUCT

    Introduction

    y June21, 1988 SC promulgates the Code of ProfessionalResponsibility

    y Code consists of 22 canons and 77 Rules, which aredivided into 4 Chapters, namely:

    o T he Law and Societyo T he Lawyer and T he Legal Professiono T he Lawyer and T he Courtso T he Lawyer and T he Clients

    y T he Code is binding upon all lawyers and failure to live upto any of its provisions is a ground for disciplinary action

    Practice of Lawy T he practice of law is a profession, a form of public trust,

    the performance of which is entrusted to those who arequalified and who possess good moral character.

    y Legal profession is not a trade; the basic and ideal of that profession is to render public service and secure justice for

    those who seek its aid. y I t is expressive of three ideals: Organization, Learning and

    Public Service y T he gaining of livelihood is just a secondary consideration

    Nature of office of office of attorneyy H e occupies a quasi-judicial office because he is in fact an

    officer of the courty A uthorized to practice law, reserved to those who:

    o Obtained the necessary degree in the study of lawand successfully taken the bar examinations

    o A dmitted to the I ntegrated Bar of the Philippineso Remain members thereof of good standing.

    Privileges of Attorney

    y E njoys the presumption of regularity in the discharge if hisduty.

    y I mmune, in his performance of his obligation to his client,from liability to a third person insofar as he does notmaterially depart from his character as a quasi-judicialofficer

    y H is statements, if relevant, pertinent or material to thesubject of judicial inquiry, are absolutely privilegeregardless of their defamatory tenor and of the presence of

    malicey T he law makes his passing of the bar examinations

    equivalent to:

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    Do not be afraid for I am with you and will rescue you, declares the LORD-Jessamyn Uy-

    o F irst Grade Civil Service E ligibility for any positionin the classified service in the government the dutiesof which require knowledge of law; or

    o Second Grade Civil Service E ligibility for anygovernment position which does not prescribe

    proficiency in law as a qualification

    Public versus Private and Personal Duties

    y Three-fold capacity in which attorney operates:

    o F aithful assistant of the court in search of a justsolution to disputes, as a trusted agent of his clientand as a self-employed businessman

    o Public Duty consists of his obligations to obey thelaw, aid in administration of justice or cooperatewith it whenever justice would otherwise be

    imperiled.o H is private duty refers to his obligation to faithfully,

    honestly, and conscientiously represent the interestof his client

    y W here his duties to his client conflict with those which heowes to the court and the public, the former must yield tothe latter.

    y H is obligations to his client, take precedence over his dutiesto himself

    CHAPTER I. THE LAWYER AND SOCIETY

    CAN O N 1 - A LAWYE R S HA LL UP H OLD THE CO N STIT UTI O N , OB EY THE LAW S O F THE LAN D AN DPROMO TE R E SPE CT F OR L AW OF AN D L E GA LPROC E SSE S.

    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 legalsystem.

    Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding or delay any man'scause.

    Rule 1.04 - A lawyer shall encourage his clients to avoid, endor settle a controversy if it will admit of a fair settlement.

    y Canon 1 first and foremost duty of lawyer y F or a lawyer is the servant of the law and belongs to a

    profession to which society has entrusted the administrationof law and the dispensing of justice

    Rule 1.01

    y A lawyer should make himself an exemplar for others toemulate

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    y Unlawful Conduct act or omission which is against thelaw

    y Dishonest A ct an act of lying or cheatingy I mmoral or Deceitful Conduct one that involves moral

    turpitude

    Rule 1.03

    y T o stir up litigation is a crime known as maintenance at

    common law.y T he purpose of the prohibition is to prevent ambulance

    chasing solicitation of almost any kind of legal business by laymen employed by an attorney for the purpose or bythe attorney himself.

    CAN O N 2 - A LAWYE R S HA LL M AKE HI S L E GA LSE RV I CE S A VAI LA BLE IN AN EFFI CIENT AN D

    CO N VENIENT MANNE R COMP ATI BLE WITH THE IN DE PEN DEN CE , INTE GR ITY AN D EFFE CTI VENE SS O F

    THE PRO FE SS I O N .

    Rule 2.01 - A lawyer shall not reject, except for valid reasons,

    the cause of the defenseless or the oppressed.

    Rule 2.02 - I n such cases, even if the lawyer does not accept acase, he shall not refuse to render legal advice to the person

    concerned if only to the extent necessary to safeguard thelatter's rights.

    Rule 2.03 - A lawyer shall not do or permit to be done any actdesigned primarily to solicit legal business.

    Rule 2.04 - A lawyer shall not charge rates lower than thosecustomarily prescribed unless the circumstances so warrant.

    Rule 2.02

    y H e should, however, refrain from giving such legal adviceif the reason for not accepting the case is that he laborsunder a conflict of interests between him and a prospectiveclient.

    Rule 2.03y T he rule prohibits professional touting

    Rule 2.04

    y W hat the rule prohibits is the compensation in the matter of charging professional fees for the purpose of attracting

    clients in favor of the lawyer who offers lower rates

    CAN O N 3 - A LAWYE R IN MAKIN G KN OWN HI SLE GA L S E RV I CE S S HA LL US E O N LY T RU E , H O NE ST ,

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    FAI R, D I G NIFIE D AN D OBJ E CTI VE INF ORM ATI O N OR STATE MENT OF FA CT S.

    Rule 3.01 - A lawyer shall not use or permit the use of anyfalse, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding hisqualifications or legal services.

    Rule 3.02 - I n the choice of a firm name, no false, misleading

    or assumed name shall be used. T he continued use of the nameof a deceased partner is permissible provided that the firmindicates in all its communications that said partner isdeceased.

    Rule 3.03 - W here a partner accepts public office, he shallwithdrawal from the firm and his name shall be dropped from

    the firm name unless the law allows him to practice lawcurrently.

    Rule 3.04 - A lawyer shall not pay or give anything of value torepresentatives of the mass media in anticipation of, or inreturn for, publicity to attract legal business.

    Proper or permissible advertising or solicitation

    y T he best advertising possible for a lawyer is a well-meritedreputation for professional capacity and fidelity to trust,

    which must be earned as the outcome of character andconduct.

    y E xceptions to the rule against advertising or solicitation(expressly allowed and necessary implied from therestrictions).

    o Publication in reputable law lists, in a manner consistent with the standards of conduct imposed bythe canons, of brief biographical and informativedata. T he law list must be a reputable law list

    published primarily for that purpose. o Use of ordinary simple professional card. T he card

    may contain only a statement of his name of the lawfirm of which he is connected with, address,telephone number and special branch of law

    practiced. o T

    he publication of a simple announcement of theopening of a law firm or changes in the partnership,firm name, etc.

    o H ave his name listed in a telephone directory butnot under a designation of special branch of law.

    o A lawyer may permit his name be published in alaw journal in connection with an account of a legal

    matter of current interest, in which he is acting ascounsel.

    Writing Legal Articles

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    y A n attorney may with propriety write articles for publications in which he gives information upon the law; but he should not accept employment from such publications to advise inquiries in respect to their individualrights (constitutes indirect advertising).

    Engaging in business or other occupations

    y T he fact that he is a lawyer does not preclude him from

    engaging in business y I mpropriety arises when the business is of such a nature or

    is in such a manner as to be inconsistent with the lawyersduties as a member of the bar.

    Rule 3.02

    y F ilipino lawyers cannot practice law under the name of aforeign firm, as the latter cannot practice law in thePhilippines and the use of foreign law firm in the country isunethical.

    Rule 3.03

    y T he purpose of the rule is to prevent the law firm from

    using his name to attract legal business and to avoidsuspicion of undue influence.

    y T he reason for the disqualification is that a public office isa public trust and a public officer or employee id obliged

    not only to perform his duties with the highest degree of responsibility but also with exclusive fidelity.

    y A lawyer member of the Legislature is not absolutely prohibited from engaging in the practice of his profession.

    o H e is only prohibited from appearing as counsel before any court of justice or before the E lectoralT ribunals, or quasi-judicial and other administrative

    bodies. o A ppearance includes not only arguing a case

    before any such body but also filing a pleading on behalf of a client as by simply filing a formalmotion, plea, or answer.

    y Under the Local Government Code, all governors, city andmunicipal mayors are prohibited from practicing their

    profession or engaging in any occupation other than the

    exercise of their functions as local chief execut ives.T

    heycannot practice law. y Members of sanggunian may engage in the practice of law,

    except in the following: o N ot appear as counsel before any court in any civil

    case wherein a local government unit or any office,agency or instrumentality of the government is the

    adverse party; o N ot appear as counsel in any criminal case wherein

    an officer or employee of the national or localgovernment is accused of an offense in relation tohis office

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    Do not be afraid for I am with you and will rescue you, declares the LORD-Jessamyn Uy-

    o T hey shall not collect any fee for their appearancein administrative proceedings involving the local

    government unit of which he is an official; o T hey shall not use property and personnel of the

    Government except when the sanggunian member concerned is defending the interest of thegovernment.

    y A civil service officer or employee whose duty or responsibility does not require his entire time to be at thedisposal of the Government may not engage in the private

    practice of law without written permit from the head of thedepartment.

    y Government officials, who, by express mandate of the law,are prohibited from practicing law, may not, even with theconsent of the department head, engage in the practice of

    law; but if so authorized, he may, in isolated case, act ascounsel for a relative or close family friend. y I f the unauthorized practice on the art of a person who

    assumes to be an attorney causes damage to a party, theformer may likewise be liable for estafa.

    y Legal profession forbid an attorney from permitting his professional services or his name to be used in aid of the

    unauthorized practice of law by lay agency, personal or corporate

    CAN O N 4 - A LAWYE R S HA LL P A R TI CI PATE IN THE DE VE LOPM ENT OF THE LE GA L S Y STE M B Y INITIATIN G OR SUPPOR TIN G EFF OR T S IN LAW R EF ORM AN D IN THE I MPROV E MENT OF THE A DM INI ST R ATI O N OF JUS TI CE .

    CAN O N 5 - A LAWYE R S HA LL KEE P A BR EA ST OF

    LE GA L D E VE LOPM ENT S, P A R TI CI PATE IN CO NTIN UIN G L E GA L E DUC ATI O N PROGR A MS,SUPPOR T EFF OR T S T O A CHIE VE HI GH STAN DA RDS IN LAW SCH OOLS A S WE LL A S IN THE PR A CTI CA LT R AININ G O F LAW ST UD ENT S AN D A SS I ST IN DI SSE MINATIN G THE LAW AN D JUR I SPRUD EN CE .

    Rule 5.01

    y A lawyer incurs a three-fold obligation: y Continuing legal education is required of members of the

    I BP to ensure that throughout their career, they keepabreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

    y Members of the I BP shall complete every 3 years at least36 hours of continuing legal educat ion activities.

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    Do not be afraid for I am with you and will rescue you, declares the LORD-Jessamyn Uy-

    CAN O N 6 - THE SE CAN O N S S HA LL A PPL Y T OLAWYE RS IN GOV E R N MENT SE RV I CE S IN THE

    DI SCHA RG E OF THEI R TA SK S.

    Rule 6.01 - T he primary duty of a lawyer engaged in public prosecution is not to convict but to see that justice is done. T hesuppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highlyreprehensible and is cause for disciplinary action.

    Rule 6.02 - A lawyer in the government service shall not usehis 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 governmentservice, accept engagement or employment in connection withany matter in which he had intervened while in said service.

    Rule 6.01

    y Public Prosecutor is a quasi-judicial officer.Representative of a sovereignty whose obligation to governimpartially is as compelling as its obligation to govern at all

    y Offended party has the right to intervene in the prosecutionof a crime, except:

    o N o civil liability arises in favor of a privateoffended party; and

    o T he offended party is entitled to civil liability but hehas waived the same or has expressly reserved his

    right to institute a civil action or he has alreadyinstituted said action.

    y T he role of the private prosecutor is to represent theoffended party with respect to the civil action for therecovery of civil liability arising from the offense.

    y T he intervention of the private prosecutor in the criminal prosecution is always subject to the direction and control of the public prosecutor.

    CHAPTER II. THE LAWYER AND THE LEGALPROFESSION

    CAN O N 7 - A LAWYE R S HA LL AT A LL TI ME S UP H OLDTHE INTE GR ITY AN D D I G NITY OF THE LE GA LPRO FE SS I O N AN D SUPPOR T THE A CTI VITIE S O F THE INTE GR ATE D B A R.

    Rule 7.01 - A lawyer shall be answerable for knowingly

    making a false statement or suppressing a material fact inconnection with his application for admission to the bar.

    Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by him to be

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    unqualified in respect to character, education, or other relevantattribute.

    Rule 7.03 - A lawyer shall not engage in conduct that adverselyreflects on his fitness to practice law, nor shall he whether in

    public or private life, behave in a scandalous manner to thediscredit of the legal profession.

    Rule 7.01

    y A person seeking to be admitted in the bar must show thathe has all the qualifications and none of thedisqualifications prescribed by the law.

    y E very applicant for admission in the practice of law must be:

    o Citizen of the Philippines o Resident o A t least 21 years of age o A person of good moral character o N o charges against him involving moral turpitude

    are filed or pending in court o Possess no required educational qualifications o

    Pass the bar examinations

    Good moral character

    y Continued possession of good moral character after admission is a requirement for the enjoyment of the

    privilege to practice. y Moral Character what a person really is; the estimate in

    which he is held by the public in the place where he isknown.

    y Good Reputation opinion generally entertained of him.

    Educational Qualifications

    y A n applicant must have pursued and satisfactorilycompleted in an authorized and recognized university,college or school:

    o 4-year high school course o A course of study prescribed for a bachelors degree

    in arts or sciences with political science, or logic, or E nglish, or Spanish, or history, or economics as amajor or a field of concentrations

    o A 4-year bachelors degree in lawy T he courses of study leading to the degree of bachelor of

    laws must be taken progressively in the usual manner. y A lawyers name may not be stricken off from the roll of

    attorneys in the absence of clearly preponderant evidencethat he did not possess the necessary qualifications at thetime of his admission

    Rule 7.03

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    y H e should endeavor to conduct himself at all times in sucha way to give credit to the legal profession and to inspire

    the confidence, respect and trust of his clients and thecommunity

    Grossly immorality reflective of unfitness to practice

    y T o justify suspension or disbarment, the act must not only be immoral; it must be grossly immoral as well.

    y Grossly I mmoral Conduct one that is so corrupt and falseas to constitute a criminal act or so unprincipled or disgraceful as to be reprehensible. I t is enough the actcharged constitute a crime

    y Moral T urpitude anything which is done contrary to justice, honesty, modesty or good morals, or to any act or vileness, baseness or depravity in the private and socialduties that a man owes his fellowmen or to society,contrary to the accepted rule of right and duty between manand man.

    CAN O N 8 - A LAWYE R S HA LL CO N DUC T HI MS E LF WITH COUR TE SY , FAI R NE SS AN D C AN DOR T OWA RDSHI

    S PROFE

    SSIO

    NAL COLL

    EAGU

    ES,

    AND S

    HALLA VO I D HA R A SS IN G TA CTI CS A GAIN ST OPPOS IN G

    COU N SE L.

    Rule 8.01 - A lawyer shall not, in his professional dealings, uselanguage which is abusive, offensive or otherwise improper.

    Rule 8.02 - A lawyer shall not, directly or indirectly, encroachupon the professional employment of another lawyer, however,it is the right of any lawyer, without fear or favor, to give

    proper advice and assistance to those seeking relief against

    unfaithful or neglectful counsel.

    y H is arguments, written or oral, should be gracious to boththe court and the opposing counsel and be of such words asmay be properly addressed by one gentleman to another.

    y H e may properly accept employment to handle a matter which has been previously handled by another lawyer,

    provided that the other lawyer has been given notice by theclient that his services have been terminated.

    CAN O N 9 - A LAWYE R S HA LL N OT , D I R E CT LY OR IN DI R E CT LY , A SS I ST IN THE U NA UTH OR IZE DPR A CTI CE OF LAW .

    Rule 9.01 - A lawyer shall not delegate to any unqualified

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    person the performance of any task which by law may only be performed by a member of the bar in good standing.

    Rule 9.02 - A lawyer shall not divide or stipulate to divide a feefor legal services with persons not licensed to practice law,except:

    (a) W here there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid over

    a reasonable period of time to his estate or to persons specifiedin the agreement; or

    (b) W here a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or

    (c) W here a lawyer or law firm includes non-lawyer employees

    in a retirement plan even if the plan is based in whole or in part, on a profit sharing agreement.

    y Practice of law any act ivity, in or out of court, whichrequires the application of law, legal principle, practice or

    procedure and calls for legal knowledge, training andexperience.

    o E ngages 3 principal types of professional activities: Legal advice and instructions to clients to

    inform their rights and obligations Preparation for clients of documents

    requiring knowledge of legal principle

    A ppearance for clients before publictribunals

    o Criteria being followed (Cayetano v. Monsod)y H abitualityy Compensationy A pplication of law, legal principle,

    practice or procedurey A ttorney-client relationship

    y E ngaging in the practice of law presupposes the existenceof an attorney-client relationship

    Persons entitled to practice law

    y T wo basic requirements that must be complied with beforea person can engage in the practice of law:

    o A dmitted to the bar F urnishing satisfactory proof of educational,

    moral and other qualification Passing the bar examinations T aking the lawyers oath before the SC

    Signing the roll of attorneys and receivingfrom the clerk of court of the SC acertificate of the license to practice

    o Lawyer must remain in good and regular standing Remain a member of the I BP

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    Regularly pay all the I BP membership duesand other lawful assessments

    F aithfully observe the rules and ethics of thelegal profession

    Be continually subject to judicialdisciplinary action.

    Right and privilege to practice

    y Practice of law is to a great extent, a privilege and, to somedegree, a right

    y I t is a privilege accorded only to those who measure up tocertain rigid standards of mental and moral fitness

    y A lawyer cannot be prevented from practicing the lawexcept for valid reasons declared by judgment of the courtafter opportunity to be heard.

    Practice without admission

    y A layman is permitted by the SC to appear for another onlyin the municipal and metropolitan trial court.

    y T hree limitations:o Should confine his work to non-adversary

    contentions. H e should not undertake purely legalwork.

    o Services should not be habitually renderedo Layman should not charge or collect attorneys fees.

    y A layman who engages in the practice of law may be heldliable for unauthorized practice.

    Practice by corporation

    y Corporation cannot engage in the practice of law becauseon the nature of the privilege and on the confidential andtrust relation between attorney and client.

    Rule 9.02

    y T he first two exceptions to the rule represent compensationfor legal services rendered by the deceased lawyer duringhis lifetime

    y T he third exception is the retirement benefits in the form of pension represent additional deferred wages or compensation for past services of the employees.

    CHAPTER III. THE LAWYER AND THE COURTS

    CAN O N 10 - A LAWYE R O WE S C AN DOR, FAI R NE SSAN D GOOD FAITH T O THE COUR T .

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

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    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 alreadyrendered inoperative by repeal or amendment, or assert as afact that which has not been proved.

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

    Lawyers duties to court

    y A lawyer is, first and foremost, an officer of the court. y H is first duty is not to his client but to the administration of

    justice. y Should there be a conflict between his duty to his client and

    that to the court, he should resolve the conflict against theformer and in favor of the latter; his primary duty is touphold the cause of justice.

    Rule 10.01

    y I n citing Courts decisions and rulings, it is the boundenduty of lawyers to reproduce or copy the same word for word and punctuation mark by punctuation mark. If notfaithfully and exactly quoted, the decisions and rulings of this Court may lose their proper and correct meaning.

    CAN O N 11 - A LAWYE R S HA LL OBS E RV E AN DMAINTAIN THE R E SPE CT DU E T O THE COUR T S AN DT O JUD I CIA L O FFI CE RS AN D S H OULD IN SI ST O N SI MI LA R CO N DUC T BY OTHE RS.

    Rule 11.01 - A lawyer shall appear in court properly attired.

    Rule 11.02 - A lawyer shall punctually appear at courthearings.

    Rule 11.03 - A lawyer shall abstain from scandalous, offensiveor menacing language or behavior before the Courts.

    Rule 11.04 - A lawyer shall not attribute to a Judge motives notsupported by the record or have no materiality to the case.

    Rule 11.05 - A lawyer shall submit grievances against a Judgeto the proper authorities only.

    y Second only to Canon 1 is the duty of all attorneys toobserve and maintain the respect due to the courts of justiceand judicial officers.

    y I t is the attorneys duty as an officer of the court to defenda judge from unfounded criticism or groundless attack.

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    y F ile grievances with the SC which has administrativesupervision over all courts and the power to discipline the

    judges of lower courts.

    CAN O N 12 - A LAWYE R S HA LL EXE R T E VE R Y EFF OR T AN D CO N SI DE R IT HI S DU TY T O A SS I ST IN THE SPEE DY AN D EFFI CIENT A DM INI ST R ATI O N OF JUS TI CE .

    Rule 12.01 - A lawyer shall not appear for trial unless he hasadequately prepared himself on the law and the facts of hiscase, the evidence he will adduce and the order of its

    preference. H e should also be ready with the originaldocuments for comparison with the copies.

    Rule 12.02 - A lawyer shall not file multiple actions arisingfrom the same cause.

    Rule 12.03 - A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or briefs, let the period lapse

    without submitting the same or offering an explanation for hisfailure to do so.

    Rule 12.04 - A lawyer shall not unduly delay a case, impedethe execution of a judgment or misuse Court processes.

    Rule 12.05 - A lawyer shall refrain from talking to his witnessduring a break or recess in the trial, while the witness is still

    under examination.

    Rule 12.06 - A lawyer shall not knowingly assist a witness tomisrepresent himself or to impersonate another.

    Rule 12.07 - A lawyer shall not abuse, browbeat or harass awitness nor needlessly inconvenience him.

    Rule 12.08 - A lawyer shall avoid testifying in behalf of hisclient, except:

    (a) On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or

    (b) On substantial matters, in cases where his testimony isessential to the ends of justice, in which event he must, duringhis testimony, entrust the trial of the case to another counsel.

    A lawyer shall not resort to forum shopping

    y F orum Shopping improper practice of going from onecourt to another in the hope of securing a favorable relief in

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    one court which another court has denied or the filing of repetitious suits or proceedings in different courts

    concerning substantially the same subject matter y T est to determine whether a party has violated the rule

    against forum shoppingo E lements of litis pendentia are presento W hether a final judgment in one case will amount

    to res judicatay T he forum shopping certificate must be signed by the party

    himself as he has personal knowledge of the facts statedtherein. E xcept: Juridical person authority to sign andexecute the certification must be in form of a boardresolution duly passed by the board of directors.

    y T he filing of the certification is mandatory and theamendment of the pleading or subsequent filing thereof

    does not cure the failure to file said certification.y F ailure to file the certification results in the dismissal of

    complaint or petition without prejudice, upon motion andafter hearing

    y Violation of the rule on forum shopping dismissal of thecomplaint or petition, with prejudice, meaning plaintiff or

    petitioner can no longer refile, and such violation

    constitutes contempt of court

    Lawyer to temper clients propensity to litigate

    y Unlike in criminal action where a defense counsel isrequired to render effective legal assistance irrespective of

    his personal opinion as to the guilt of the accused, the rulesof the profession demand that a lawyer decline to conduct acivil cause or to make a defense in a civil case suit whenconvinced that it is intended merely to harass or to injurethe opposite party or to work oppression or wrong.

    Rule 12.03

    y W here a lawyers motion for extension of time to file a pleading, memorandum or brief has remained unacted bythe court, the least that is expected of him is to file it withinthe period asked for. A nd if for reason he failed it withmotion for leave to admit the same, explaining therein thereasons for the deal.

    Rule 12.05

    y T he purpose of the rule is to avoid any suspicion that he iscoaching the witness what to say during he resumption of the examination.

    Rule 12.08

    y T he underlying reason for the impropriety of a lawyer acting in such dual capacity lies in the difference betweenthe function of a witness and that of an advocate.

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    y T he function of a witness is to tell the facts as he recallsthem in answer to questions

    y T he function of an advocate is that of a partisan.

    CAN O N 13 - A LAWYE R S HA LL R E LY UPO N THE ME R IT S O F HI S C A US E AN D R EF R AIN F ROM ANY I MPROPR IETY WHI CH TEN DS T O INF LU EN CE , OR GI VE S THE A PPEA R AN CE OF INF LU EN CIN G THE COUR T .

    Rule 13.01 - A lawyer shall not extend extraordinary attentionor hospitality to, nor seek opportunity for cultivatingfamiliarity with Judges.

    Rule 13.02 - A lawyer shall not make public statements in themedia regarding a pending case tending to arouse publicopinion for or against a party.

    Rule 13.03 - A lawyer shall not brook or invite interference byanother branch or agency of the government in the normalcourse of judicial proceedings.

    y I mproper acts of a lawyer which give the appearance of influencing the court to decide a case in a particular waylessen the confidence of the public in the impartialadministration of justice and should be avoided.

    Rule 13.02

    y T he court in a pending litigation must be shielded fromembarrassment or influence in its all important duty of deciding the case.

    y Once a litigation is concluded, the judge who decided it issubject to the same criticism as any other public official

    because his rulings becomes public property and is thrownopen to public consumption.

    y T he right if a lawyer to comment on or criticize thedecision of a judge or his actuations is not unlimited. I t isthe cardinal condition of all such criticism that it shall be

    bona fide, and shall not spell over the walls of decency and propriety.

    CHAPTER IV. THE LAWYER AND THE CLIENT

    CAN O N 14 - A LAWYE R S HA LL N OT R EF US E HI SSE RV I CE S T O THE NEE DY .

    Rule 14.01 - A lawyer shall not decline to represent a personsolely on account of the latter's race, sex, creed or status of life,

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

    Rule 14.02 - A lawyer shall not decline, except for serious andsufficient cause, an appointment as counsel de officio or as

    amicus curiae , or a request from the I ntegrated Bar of thePhilippines or any of its chapters for rendition of free legal aid.

    Rule 14.03 - A lawyer may not refuse to accept representationof an indigent client if:

    (a) H e is not in a position to carry out the work effectively or competently;

    (b) H e labors under a conflict of interest between him and the

    prospective client or between a present client and the prospective client.

    Rule 14.04 - A lawyer who accepts the cause of a personunable to pay his professional fees shall observe the samestandard of conduct governing his relations with paying clients.

    y T he primary task of a lawyer, as an advocate, is torepresent a party litigant in court

    y T wo reasons underlying Canon 14o T he poor and the needy are the persons who, when

    in trouble, need most the services of a lawyer but

    hesitate to secure such services because they cannotafford to pay counsels fees or fear they will be

    refused for their inability to compensate the lawyer.o One of the objectives of the I BP is to make legal

    services fully available for those who need them

    Relation as strictly personal

    y T he attorney-client relationship is strictly personal. I tinvolves mutual trust and confidence of the highest degree.

    y T he personal character of the relation prohibits itsdelegation in favor of another attorney without the clientsconsent.

    y I t terminates upon the death of either the client or attorney.y A client can terminate it at any time with or without cause;

    an attorney however enjoys no similar right and he may be permitted to withdraw from the case only with the consentof the client or of the court.

    y T he personal relationship does not require that an attorneyadopt as his own the troubles of his client. A lawyer whomakes his own the problems of his client is likely to losehis composure and equanimity to his clients prejudice.

    y T he preservation and protection of that relation willencourage a client to entrust his legal problems to anattorney.

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    Concept of Retainer

    y T he relation of attorney and client begins from the time anattorney is retained.

    y Retainer act of a client by which he engages the servicesof an attorney to render legal advice, or to defend or

    prosecute his cause in court.y General Retainer purpose of which is to secure before

    hand the services of an attorney for any legal problem thatmay afterward arise.

    y Special Retainer has reference to a particular case or service.

    y Retaining fee preliminary fee paid to insure and securehis future services, to remunerate him for being deprived,

    by being retained by one party, of the opportunity of rendering serviced to the other party and of receiving payfrom him.

    Employment of law firm

    y T he employment of a law firm is equivalent to the retainer of the member thereof even though only one of them is

    consulted; conversely, the employment of one member isgenerally considered as employment of the law firmy T he death of a partner, who was the one handling the case

    for the law firm, did not extinguish the lawyer-clientrelationship

    CAN O N 15 - A LAWYE R S HA LL OBS E RV E CAN DOR,FAI R NE SS AN D LO YA LTY IN A LL HI S D EA LIN GS AN D

    T R AN SA CTI O N S WITH HI S CL IENT S.

    Rule 15.01. - A lawyer, in conferring with a prospective client,shall ascertain as soon as practicable whether the matter would

    involve a conflict with another client or his own interest, and if

    so, shall forthwith inform the prospective client.

    Rule 15.02.- A lawyer shall be bound by the rule on privilegecommunication in respect of 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 after a fulldisclosure of the facts.

    Rule 15.04. - A lawyer may, with the written consent of allconcerned, act as mediator, conciliator or arbitrator in settlingdisputes.

    Rule 15.05. - A lawyer when advising his client, shall give acandid and honest opinion on the merits and probable results of the client's case, neither overstating nor understating the

    prospects of the case.

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    Rule 15.06. - A lawyer shall not state or imply that he is able toinfluence any public official, tribunal or legislative body.

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

    Rule 15.08. - A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall makeclear to his client whether he is acting as a lawyer or in another

    capacity.

    Rule 15.01

    y T he disclosure is for the protection of the lawyer.y Concealment of facts material to employment may cause

    his client to lose confidence in him.

    Rule 15.02

    y Rule on privilege communication applied even if the prospective client does not retain the lawyer or the latter declines the employment.

    Rule 15.03. A lawyer shall not represent conflictinginterests

    y T here is inconsistency of interest within the meaning of the prohibition:

    o W hen on behalf of one client, it is the attorneysduty to content for that which his duty to another

    client another client requires him to oppose, or when the possibility of such situation develops.(opposing parties are present clients either in thesame action or in a totally unrelated case)

    o W hether the acceptance of a new relation prevent anattorney from the full discharge of his duty of undivided fidelity and loyalty to his client or invite

    suspicion of unfaithfulness or double-dealing in the performance thereof, and also whether he will becalled upon in his new relation to use against hisfirst client any knowledge acquired in the previousemployment. (adverse party against whom theattorney appears is his former client in a matter which is related, directly or indirectly, to the presentcontroversy)

    y T he termination of the relation of attorney and client provides no justification for a lawyer to represent aninterest adverse to or in conflict with that of the former client.

    y T he prohibition applies irrespective of whether or not the

    lawyer has acquired confidential information from hisformer client.

    Opposing clients in unrelated actions

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    y I mproper for a lawyer to appear as counsel for one partyagainst the adverse party who is his client in another totally

    unrelated action.

    New client against former client

    y A lawyer is forbidden from representing a subsequent clientagainst a former client only when the subject matter of the

    present controversy is related, directly or indirectly, to the

    subject matter of the previous litigation.

    Where clients knowingly consent

    y T he general rule that a lawyer may be allowed to representa conflicting interests , where the parties consent to therepresentation, may apply only when one client is a former

    client, and not where both clients are current clients in thecase, where each asserts an interest adverse to that of theother.

    y A ttorneys secretary, stenographer or clerk who hasacquired confidential information from the attorneys clientmay not accept employment, after becoming a member of the bar, represent an interest adverse to that of theattorneys client.

    Rule 15.06

    y Practice of law does not include influence-peddling

    CAN O N 16 - A LAWYE R S HA LL H OLD IN T RUS T A LLMO NEY S AN D PROP E R TIE S O F HI S CL IENT THAT MAY

    COM E INT O HI S PRO FE SS I O N .

    Rule 16.01 - A lawyer shall account for all money or propertycollected or received for or from the client.

    Rule 16.02 - A lawyer shall keep the funds of each client

    separate and apart from his own and those of others kept byhim.

    Rule 16.03 - A lawyer shall deliver the funds and property of his client when due or upon demand. H owever, he shall have alien over the funds and may apply so much thereof as may benecessary to satisfy his lawful fees and disbursements, giving

    notice promptly thereafter to his client. H e shall also have alien to the same extent on all judgments and executions he hassecured for his client as provided for in the Rules of Court.

    Rule 16.04 - A lawyer shall not borrow money from his clientunless the client's interest are fully protected by the nature of

    the case or by independent advice. N either shall a lawyer lendmoney to a client except, when in the interest of justice, he hasto advance necessary expenses in a legal matter he is handlingfor the client.

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    Purchase of clients property in litigation

    y

    One of the rules protective of the fiduciary relation betweenlawyer and client is the law prohibiting a lawyer from

    purchasing, even at public or judicial auction, either in person or through the mediation of another, any property or interest involved in any litigation in which he may take part

    by virtue of his profession. y I ntended to curtail undue influence of the lawyer upon his

    client on account of his fiduciary and confidential relationwith him.

    y T he rule forbidding an attorney from purchasing his clients property or interest involves 4 elements:

    o T here must be an attorney-client relationship o T he property or interest of the client must be in

    litigation o T he attorney takes part as counsel in the case o T he attorney by himself or through another

    purchases such property or interest during the pendency of the litigation.

    y T he prohibition is not applicable to a contract for attorneysfees contingent upon the outcome of the litigation.

    o Contingent

    Fee contract neither gives nor purportsto give the attorney an absolute right, personal or

    real, in the subject matter during the pendency of the litigation. T he measure of compensation

    provided is a mere basis for the computation of the

    fees and payment from out of the proceeds realizedin the litigation.

    Rule 16.01

    y T he rule requiring a lawyer to promptly account or hisclients money is applicable to him, and his failure toimmediately remit the amount gives rise to the presumptionthat he has misappropriated it for his own use.

    CAN O N 17 - A LAWYE R O WE S FI DE LITY T O THE CA US E OF HI S CL IENT AN D HE SHA LL B E MIN DF ULOF THE T RUS T AN D CO NFI DEN CE R E POS E D IN HI M.

    y I n the discharge of his duty of entire devotion to the clientscause, a lawyer should present every remedy or defense

    authorized by law in support of his clients cause.y T he lawyer should not be afraid of the possibility that he

    may displease the judge or the general public.

    CAN O N 18 - A LAWYE R S HA LL S E RV E HI S CL IENT WITH COMP ETEN CE AN D D I LI GEN CE .

    Rules 18.01 - A lawyer shall not undertake a legal servicewhich he knows or should know that he is not qualified torender. H owever, he may render such service if, with the

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    consent of his client, he can obtain as collaborating counsel alawyer who is competent on the matter.

    Rule 18.02 - A lawyer shall not handle any legal matter withoutadequate preparation.

    Rule 18.03 - A lawyer shall not neglect a legal matter entrustedto him, and his negligence in connection therewith shall render him liable.

    Rule 18.04 - A lawyer shall keep the client informed of thestatus of his case and shall respond within a reasonable time tothe client's request for information.

    Duty to serve with competence and diligence

    y H e impliedly represents that: o H e possess the requisite degree of learning, skill

    and ability o H e will exert his best judgment in the prosecution

    or defense of the litigation entrusted to him o H e will exercise reasonable and ordinary care and

    diligence o H e will take such step as will adequately safeguard

    his clients interest

    Rule 18.02

    y T he key to the problem of how best a lawyer can safeguardhis clients rights and interests is through study and

    preparation. y Lawyers pleading shows the extent of his study and

    preparation, articulates his ideas as an officer of the court,mirrors his personality and reflects his conduct and attitudetoward the court, the opposing party and his counsel.

    y A lawyer may interview a witness in advance of trial toguide him in the management of the litigation.

    y A lawyer may also interview a prospective witness for theopposing side in any civil or criminal action without theconsent of opposing counsel or party.

    y A n adverse part, though he may be used as a witness, isnot, a witness within the meaning of the rule permitting alawyer to interview the witness of the opposing party even

    without the consent of the opposing counsel.

    Rule 18.03

    y A lawyer who accepts a legal matter from his client isunderstood that he will take all procedural steps necessaryto prosecute the clients claim or to defend he clients rights

    in the action. y H e must exercise ordinary diligence or that reasonable

    degree of care and skill having reference to the character of the business he undertakes to do, as any other member of the bar similarly situated commonly posses and exercises.

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    y Professional writ-runners lawyers who handle largevolume of cases for less than spectacular fees by advising,

    influencing, cajoling or even coercing clients to pleadguilty, irrespective of their guilt or innocence.

    CAN O N 19 - A LAWYE R S HA LL R E PR E SENT HI SCL IENT WITH ZEA L WITHIN THE BOU N DS O F THE LAW .

    Rule 19.01 - A lawyer shall employ only fair and honest meansto attain the lawful objectives of his client and shall not

    present, participate in presenting or threaten to presentunfounded criminal charges to obtain an improper advantage inany case or proceeding.

    Rule 19.02 - A lawyer who has received information that hisclient has, in the course of the representation, perpetrated afraud upon a person or tribunal, shall promptly call upon theclient to rectify the same, and failing which he shall terminatethe relationship with such client in accordance with the Rulesof Court.

    Rule 19.03 - A lawyer shall not allow his client to dictate the procedure in handling the case.

    Authority of the lawyer

    y T he employment confers upon the attorney no implied or apparent authority to bind the client on substantial matters,

    except by written agreement or a special attorney. y A n attorney has no power to receive or accept on behalf of

    his client the service of summons in his bare professionalcapacity (unlike in a corporation).

    y Delegation of authority prohibited but the client mayratify

    y Delegation of work a lawyer has the implied power todelegate to his associate or assistant attorney, under hissupervision and responsibility, part or the whole of thelegal work to be performed in the prosecution or defense of the clients cause. H e may authorize another lawyer on his

    behalf t appear in court

    Authority to Appear

    y A ppearance coming into the court as a party either as a plaintiff or as a defendant and asking relief.

    y T he formal method of entering appearance in a cause pending in court is to deliver to the clerk of court a writtendirection asking him to enter his name as counsel for a

    party and requesting that copies of notices be sent him atthe address clearly indicated, with copy of his appearancefurnished the adverse party.

    y T wo attorneys are considered to be the counsel, in theabsence of a withdrawal of appearance.

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    y A party who has not authorized an attorney to representhim is not bound by the attorneys appearance in the case

    nor by the judgment rendered therein. y T he unauthorized appearance may be ratified by the party

    concerned either expressly or impliedly (retroacts from thedate of the attorneys first appearance).

    y 3 requisites of implied ratification: o Party represented by the attorney is of age or

    competent or if he suffers from any disability, hehas a duly appointed guardian or legalrepresentative

    o Party or his guardian is aware of the attorneysrepresentation

    o H e fails to promptly repudiate the assumedauthority

    Conduct of Litigation

    y T he court may relieve a party of the adverse consequenceso his attorneys admission upon showing of palpablemistake

    y T he authority of an attorney to bind his client as to anyadmission of facts made by him is limited to matters of

    judicial procedure. y A party may be relieved of the legal effects of the

    stipulation made by his attorney only:

    o when he is allowed to withdraw with the consent of the other party

    o when the court, upon showing palpable mistake, permits him to withdraw from the stipulation

    o W hen what the lawyer agreed is that a witness, if presented in court, would testify as stated by theadverse attorney.

    Matters Imputed to Clients

    y K nowledge acquired by an attorney the time that he isacting within the scope of his authority is imputed to theclient.

    y N otice to the lawyer is notice to client. y N otice to the party is not valid. E xcept: valid order by the

    court. y Mode of Service of Notice:

    o General Rule: Service and filing of pleadings andother papers should be done by personal service.

    o E xception: Service by other modes, practicable tomake service personally and there must be writtenexplanation.

    y Mistake or negligence of counselo General Rule: Client is bound by his counsels

    conduct, negligence and mistake in handling thecase, or in the management of litigation and in

    procedural technique.

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    o E xception: A dherence thereto will result in outrightdeprivation of the clients liberty or property or

    where the interests of justice so require, and accordrelief to the client who suffered by reason of thelawyers gross or palpable mistake or negligence.

    Judgment against the client may be vacatedand he is granted a new trial/

    I t must be shown that the client has goodand meritorious claim or defense and that

    the client is not himself guilty of grossnegligence.

    CAN O N 20 - A LAWYE R S HA LL C HA RG E O N LY FAI R AN D R EA SO NA BL E FEE S.

    Rule 20.01 - A lawyer shall be guided by the following factorsin determining his fees:

    (a) T he time spent and the extent of the service rendered or required;

    (b) T he novelty and difficulty of the questions involved;

    (c) T he importance of the subject matter;

    (d) T he skill demanded;

    (e) T he probability of losing other employment as a result of acceptance of the proffered case;

    (f) T he customary charges for similar services and the scheduleof fees of the I BP chapter to which he belongs;

    (g) T he amount involved in the controversy and the benefitsresulting to the client from the service;

    (h)T

    he contingency or certainty of compensation;

    (i) T he character of the employment, whether occasional or established; and

    (j) T he professional standing of the lawyer.

    Rule 20.02 - A lawyer shall, in case of referral, with theconsent of the client, be entitled to a division of fees in

    proportion to the work performed and responsibility assumed.

    Rule 20.03 - A lawyer shall not, without the full knowledgeand consent of the client, accept any fee, reward, costs,commission, interest, rebate or forwarding allowance or other

    compensation whatsoever related to his professionalemployment from anyone other than the client.

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    Rule 20.04 - A lawyer shall avoid controversies with clientsconcerning his compensation and shall resort to judicial action

    only to prevent imposition, injustice or fraud.

    y A lawyer has the right to recover from his client a fair andreasonable compensation for his services.

    o W here he has agreed to render service gratuitouslyor has been appointed counsel de officio

    y W hat a lawyer may collect as his fees is always subject to judicial control.

    y T he right of a lawyer to reasonable compensation for hisservices requires the existence of an attorney-clientrelationship and the rendition by the lawyer of his servicesto the client.

    Quantum Meruit

    y Quantum Meruit amount which his services merit. y E ssential for the proper operation of the principle that there

    is an acceptance of the benefits by one sought to be chargedfor the services rendered.

    y T he doctrine is a device to prevent undue enrichment y T

    he court will fix the amount of attorneys fees on quantummeruit basis in any of the following instances: o T he agreements as to counsel fees is invalid for

    some reason other than he illegality of the object performance

    o T he amount stipulated in the contract isunconscionable

    o N o agreement as to fees exists between the partied o T he client rejects the amount fixed in the contract as

    unconscionable and is found to be so o Some act or event has precluded the lawyer from

    concluding the litigation without the fault on his part.

    Who is liable for attorneys fees?

    y General Rule: Only the client who engaged the services of counsel

    y E xception: Person who accepts the benefits of the legalrepresentation impliedly agrees to pay the lawyers service.

    Who are entitled to or share in attorneys fees

    y General Rule: Lawyers who jointly represent a commonclient for a given fee, in the absence of agreement as todivision fees, share equally as they are special partners for a special purpose.

    y F ees of lawyers separately employed by a client to prosecute or defend his cause depend upon their respectivefee arrangements with the client.

    y I f several lawyers separately employed by a client do nothave express agreement with the client, each of them will

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    be entitled to no more than what his services actually performed are reasonably worth.

    y T he right of a lawyer to share in the professional fees restson services performed.

    y A non-lawyer cannot recover attorneys fees even if there isa law authorizing him to represent a litigant in court.

    y A lawyer who is absolutely disqualified from engaging inthe private practice of law by reason of his government

    position may neither practice law nor chare attorneys feesfor such services.

    Attorneys conduct affecting his right to fees

    y T he right of a lawyer from his client a reasonablecompensation or services already performed may beaffected or negated by misconduct on his part.

    y A lawyer who defrauds his client or acts in bad faith in hisdealings with him forfeits the right to claim payment for hisservices.

    Withdrawal of counsel from the case

    y T he lawyers unceremonious withdrawal from or abandonment of the action which prejudice the clientnegates his right to compensation for services rendered inthe action.

    y I f the withdrawal is with the clients written conformity, itis presumed, that he and his client have mutually agreed to

    terminate his services and to compensate him for suchservices up to the date their relationship is terminated.

    o T he lawyer should, however, refund to his clientsuch part of the retainer as has not been clearlyearned.

    y I f the withdrawal is without the clients written consent butfor justifiable cause made after due notice to the client. T he

    lawyer may recover the reasonable worth of his services upto the date of his withdrawal, EX CE PT : agreed fee uscontingent and the contingency has not arisen.

    Representation of adverse interests

    y T he simultaneous representation by a lawyer of opposing parties controversy, in the absence of the clients consent tothe dual representation made after full disclosure of thefacts, negates the lawyers right to receive compensationfrom both of them.

    Attorneys discharge by client

    y I f there is no express agreement as to fees, the lawyer mayonly be entitled to recover reasonable value of his serviceup to the date of his dismissal.

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    o E xception: W here the dismissal comes after thesuccessfully prosecuted or defended his clients

    cause the lawyer may be entitled to the full amountso agreed.

    y I f the contract between a client and his lawyer is in writingand the fee stipulated is absolute and reasonable, a lawyer who is discharged without justifiable cause will be entitledto the full amount.

    y I f the fee stipulated is contingent and the lawyer isunlawfully dismissed before the conclusion of the action,he may recover the reasonable value of his servicesrendered.

    y I f the contingency occurs or the client prevents itsoccurrence by dismissing, settling or waiving his cause, thelawyer may be entitled to the full amount agreed in thecontract.

    Clients dismissal action

    y I f the dismissal of the is in good faith and is based on anhonest belief that the client has no valid cause, the lawyer may recover only the reasonable worth of his services,EX CE PT when the fee is contingent in which case therewill be no recovery.

    y Dismissal of the action by the client is in bad faith and isintended to defraud the lawyer of his compensation, thelawyer will be entitled to the full amount stipulated in a

    valid written contract or in the absence of such, based onquantum meruit.

    Clients compromise of action

    y I f the compromise is with the consent of the lawyer, he will be entitled to only the reasonable value of his services fixedon the basis of quantum meruit.

    y I f the client settles his cause in bad faith or in fraud of his

    counsel, the lawyer will be entitled to recover the fullamount of the fees stipulated in a valid written contract or the reasonable worth of his services

    Contract for attorneys fees

    y Counsel F ees obligations of client in favor of his lawyer. y A ttorneys fees (in the concept of damages) part of the

    damages which the court may award in favor of the prevailing party.

    y T he nullity of a professional contact which results from theillegality of the object sought to be achieved by the

    performance of the professional services precludes a lawyer from recovering his fees for such services.

    y I f the nullity of the contract is due to want of authority onthe part of one of the contracting parties or to some

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    irregularity of the fees fixed, the lawyer will be entitled torecover what is justly due for him for his services on the

    basis of quantum meruit. y Unconscionable F ee the amount which, under the

    circumstances surrounding the case, constitutes as over exaggeration of the worth of the lawyers services.

    y T he unconscionability of the amount of fees stipulated in a professional contract renders the contract invalid.

    o T he circumstance that the client knowingly enteredinto such contract does not estop him fromquestioning its validity for estoppel.

    o T he unconscionability of the stipulated amount willnot preclude recovery; it will only justify the courtto fix the reasonable worth of the lawyers serviceson the basis of quantum meruit.

    y Contract of Contingency agreement in writing which thefee, usually a fixed percentage of what may be recovered inthe action, is made to depend upon the success in the effortto enforce or defend a supposed right.

    o A contingent fee contract is generally valid and binding, unless it is obtained by fraud as to amountto an extortion.

    Measure of Compensation

    y I nverse Proportion Rule rests on the assumption that theamount of work required remains the same even though the

    interest in controversy exceeds several million pesos. y A n absolute fee arrangement entitles the lawyer to get

    paid for his efforts regardless of the outcome of thelitigation.

    y T he legislature, in the exercise of its police power, may bylaw prescribe the limit of the amount of attorneys feeswhich a lawyer may charge his client.

    Procedure to Recover Fees

    y Petition as incident of main action o A lawyer may enforce his right to fees by filing the

    necessary petition as an incident of the main actionin which his services were rendered only whensomething is due the client in the action from whichthe fee is to be paid or when the client settles or waives his cause in favor of the adverse party infraud of the lawyers claim for compensation.

    o T he question fees cannot be determined until after the main litigation has been decided and the subjectof recovery is at the disposition of the court.

    y I ndependent civil action a lawyer can enforce his right toa reasonable compensation for services rendered in anindependent civil action in cases where:

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    o T he court trying the main action in which thelawyers services were rendered dismissed the

    clients action or awarded nothing to the client o T he court that decided the main litigation had no

    jurisdiction over the action or had already lost it o T he person liable for attorneys fees is not a party in

    the main action o T he court reserved to the lawyer the right to file a

    separate civil suit for the recovery of his fees o T he services for which the lawyer seeks payment

    were rendered in connection with a matter not inlitigation.

    y I f the court has no jurisdiction over the subject matter of the main action or has already lost jurisdiction over it, thatcourt can have no power to award and fix the attorneysfees.

    Attorneys fees as damages

    y T he award that the court may grant to a successful party byway of attorneys fees is an indemnity for damages

    y T he attorneys fee which a client pays his counsel refers tothe compensation of the latters service.

    y T he fee as an item of damages belongs to the party litigantand not to his lawyer.

    o T he client and his lawyer may, however, agree thatwhatever attorneys fee as an element of damages

    the court may award shall belong to the lawyer ashis compensation.