Canons of Professional Ethics - Chan Robles Virtual Law Library

CANONS OF PROFESSIONAL ETHICS - CHAN ROBLES VIRTUAL LAW LIBRARY
5/4/16, 2:13 AM
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CANONS OF PROFESSIONAL ETHICS - CHAN ROBLES

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CANONS OF PROFESSIONAL ETHICS
CANONS OF PROFESSIONAL ETHICHS

PREAMBLE
In the Philippines, where the stability of courts and of all departments
http://www.chanrobles.com/canonsofprofessionalethics.htm
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of government rests upon the approval of the people, it is peculiarly

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

No code or set of rules can be framed, which will particularize all the
duties of the lawyer in the varying phase of litigation or in all the
relations of professional life. The following canons of ethics are
adopted by the Philippine Bar Association as a general guide, yet the
enumeration of particular duties should not be construed as a denial of
the existence of others equally imperative, though not specifically
mentioned. chan robles virtual law library
chanrobles virtual law library
1. The duty of the lawyer to the courts chan robles virtual law library
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OnBar
It is the duty of the lawyer to maintain towards the courts a respectful

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

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

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

A lawyer assigned as counsel for an indigent prisoner ought not to ask
to be excused for any trivial reason and should always exert his best
efforts in his behalf.
5. The defense or prosecution of those accused of crime
DebtKollect
It is the right of the lawyer to undertake the defense of a person

accused of crime, regardless of his personal opinion as to the guilt of
the accused; otherwise, innocent persons, victims only of suspicious
circumstances, might be denied proper defense. Having undertaken
such defense, the lawyer is bound, by all fair and honorable means, to
present every defense that the law of the land permits, to the end that
no person may be deprived of life or liberty but by due process of law.
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library
chan robles virtual law library
The primary duty of a lawyer engaged in public prosecution is not to

convict but to see that justice is done. The suppression of facts or the
secreting of witnesses capable of establishing the innocence of the
accused is highly reprehensible.
6. Adverse influence and conflicting interests chan robles virtual law

library
It is a duty of a lawyer at the time of retainer to disclose to the client
all the circumstances of his relations to the parties and any interest in
or connection with the controversy, which might influence the client in
the selection of counsel.
Intellectual
Property
It is unprofessional to represent conflicting interests, except by

express consent of all concerned given after a full disclosure of the
facts. Within the meaning of this canon, a lawyer represents conflicting
interests when, in behalf of one client, it is his duty to contend for that
which duty to another client requires him to oppose.
The obligation to represent the client with undivided fidelity and not to
divulge his secrets or confidence forbids also subsequent acceptance of
retainers or employment from others in matters adversely affecting any
interest of the client with respect to which confidence has been
reposed. chan robles virtual law library
7. Professional colleagues and conflicts of opinions chan robles virtual

law library
A client's proffer of assistance of additional counsel should not be
regarded as evidence of want of confidence, but the matter should be
left to the determination of the client. A lawyer should decline
association as colleague if it is objectionable to the original counsel,
but if the lawyer first retained is relieved, another may come into the
case.
When lawyers jointly associated in a cause cannot agree as to any

matter vital to the interest of the client, the conflict of opinion should
frankly stated to him for his final determination. His decision should be
accepted unless the nature of the difference makes it impracticable for
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the lawyer whose judgment has been overruled to cooperate

effectivity. In this event it is his duty to ask the client to relieve him.
Efforts, direct or indirect, in any way to encroach upon the professional

employment of another lawyer are unworthy of those who should be
brethren at the bar; but, nevertheless, it is the right of any lawyer,
without fear or favor, to give proper advice to those seeking relief
against unfaithful or neglectful counsel, generally after communication
with the lawyer against whom the complaint is made.
8. Advising upon the merits of a client's cause chan robles virtual law
library
A lawyer should endeavor to obtain full knowledge of his client's cause
before advising thereon, and he is bound to give a candid opinion of the
merits and probable result of pending or contemplated litigation. The
miscarriages to which justice is subject, by reason of surprises and
disappointments in evidence and witnesses, through mistakes and
errors of courts, even though only occasional, admonish lawyers to
beware of bold and confident assurances to clients, especially where
the employment may depend upon such assurance. Whenever the
controversy will admit of fair judgment, the client should be advised to
avoid or to end the litigation.
9. Negotiations with opposite party chan robles virtual law library

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

The lawyer should not purchase any interest in the subject matter of
the litigation which he is conducting.
11. Dealing with trust property

The lawyer should refrain from any action whereby for his personal
benefit or gain he abuses or takes advantage of the confidence reposed
in him by his client.
Money of the client or collected for the client or other trust property
coming into the possession of the lawyer should be reported and
accounted for promptly and should not under any circumstances be
commingled with his own or be used by him.
12. Fixing the amount of the fee chan robles virtual law library
In fixing fees, lawyers should avoid charges which over estimate their
advice and services, as well as those which undervalue them. A client's
ability to pay cannot justify a charge in excess of the value of the
service, though his poverty may require a less charge, or even none at
all. The reasonable requests of brother lawyers, and of their widows
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and orphans without ample means, should receive special and kindly
consideration. chan robles virtual law library
In determining the amount of the fees, it is proper to consider: ( 1 ) the

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

is proper for a lawyer to consider a schedule of minimum fees adopted
by a bar association, but no lawyer should permit himself to be
controlled thereby or to follow it as his sole guide in determining the
amount of his fee. chan robles virtual law library
In fixing fees, it should not be forgotten that the profession is a branch

of the administration of justice and not a mere money-getting trade.
13. Contingent fees

A contract for a contingent fee, where sanctioned by law, should be
reasonable under all the circumstances of the case including the risk
and uncertainty of the compensation, but should always be subject to
the supervision of a court, as to its reasonableness
14. Suing a client for a fee
Controversies with clients concerning compensation are to be avoided
by the lawyer so far as shall be compatible with his self respect and
with his right to receive reasonable recompense for his service; and
lawsuits with the clients should be resorted to only to prevent
injustice, imposition or fraud.
15. How far a lawyer may go in supporting a client's cause

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

his client's innocence or in the justice of his cause.
The lawyer owes "entire devotion to the interest of the client, warm
zeal in the maintenance and defense of his rights and the exertion of
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his utmost learning and ability," to the end that nothing be taken or be
withheld from him, save by the rules of law, legally applied. No fear of
judicial disfavor or public popularity should restrain him from the full
discharge of his duty. In the judicial forum the client is entitled to the
benefit of any and every remedy and defense that is authorized by the
law of the land, and he may expect his lawyer to assert every such
remedy or defense. But it is steadfastly to be borne in mind that the
great trust of the lawyer is to be performed within and not without the
bounds of the law. The office of attorney does not permit, much less
does it demand of him for any client, violation of law or any manner of
fraud or chicanery, he must obey his own conscience and not that of his
client.
16. Restraining clients from improprieties chan robles virtual law library
A lawyer should use his best efforts to restrain and to prevent his
clients from doing those things which the lawyer himself ought not to
do, particularly with reference to their conduct towards courts, judicial
officers, jurors, witnesses and suitors. If a client persist in such
wrongdoings the lawyer should terminate their relation.
17. Ill-feelings and personalities between advocates

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

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

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

Newspaper publication by a lawyer as to pending or anticipated
litigation may interfere with a fair trial in the courts and otherwise the
due administration of justice. Generally, they are to be condemned. If
the extreme circumstances of a particular case justify a statement to
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the public, it is unprofessional to make it anonymous. An ex parte

reference to the facts should not go beyond quotation from the records
and papers on file in the court; but even in extreme cases it is better to
avoid an ex parte statement.
21. Punctuality and expedition chan robles virtual law library

It is the duty of the lawyer not only to his client, but also to the courts
and to the public to be punctual in attendance, and to be concise and
direct in the trial and disposition of causes.
22. Candor and fairness

The conduct of the lawyer before the court and with other lawyers
should be characterized by candor and fairness.
It is not candid nor fair for the lawyer knowingly to misquote the
contents of a paper, the testimony of a witness, the language or the
argument of opposing counsel, of the language of a decision or a
textbook; or with knowledge of its invalidity, to cite as authority a
decision that has been overruled or a statute that has been repealed, or
in argument to assert as a fact that which has not been proved, or in
those jurisdictions where a side has the opening and closing arguments
to mislead his opponent by concealing or withholding positions in his
opening argument upon which his side then intends to rely.
It is unprofessional and dishonorable to deal other than candidly with

the facts in taking the statements of witnesses, in drawing affidavits
and other documents, and in the presentation of causes.
A lawyer should not offer evidence which he knows the court should
reject, in order to get the same before the jury by arguments for its
admissibility, nor should he address to the judge arguments upon any
points not properly calling for determination by him. Neither should he
introduce into an argument, addressed to the court, remarks or
statements intended to influence the bystanders.
23. Attitude towards jury

All attempts to curry favor with juries by fawning flattery or pretended
solicitude for their personal comfort are unprofessional. Suggestions of
counsel, looking to the comfort or convenience of jurors, and
propositions to dispense with arguments, should be made to the court
out of the jury's hearing. A lawyer must never converse privately with
jurors about the case; and both before and during the trial he should
avoid communicating with them even as to matters foreign to the
cause.
24. Right of lawyer to control the incidents of the trial chan robles virtual
law library
As to incidental matters pending trial, not affecting the merits of the
cause, or working substantial prejudice to the rights of the client, such
as forcing the opposite lawyer to trial when he is under affliction or
bereavement; forcing the trial on a particular day to the injury of the
opposite lawyer when no harm will result from a trial at different time;
agreeing to an extension of time for signing a bill of exceptions, cross
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interrogatories and the like, the lawyer must be allowed to judge. In

such matters no client has a right to demand that his counsel shall be
illiberal, or that he does anything therein repugnant to his own sense
of honor and propriety.
25. Taking technical advantage of opposite counsel; agreement with

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

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

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

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

It is unprofessional for a lawyer to volunteer advice to bring a lawsuit,
except in rare cases where ties of blood, relationship or trust make it
his duty to do so. Stirring up strife and litigation is not only
unprofessional, but it is indictable at common law. It is disreputable to
hunt up defects in titles or other causes of action and inform thereof in
order to be employed to bring suit or collect judgment, or to breed
litigation by seeking out those with claims for personal injuries or
those having any other grounds of action in order to secure them as
clients, or to employ agents or runners for like purposes, or to pay or
reward, directly or indirectly, those who bring or influence the bringing
of such cases to his office, or to remunerate policemen, court or prison
officials, physicians, hospital attaches or others who may succeed
under the guise of giving disinterested friendly advice, in influencing
the crimin
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CANONS OF PROFESSIONAL ETHICS - CHAN ROBLES VIRTUAL LAW LIBRARY

WEDNESDAY, MAY 4, 2016