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Upholding Legal Profession Standards

The document outlines the ethical standards and responsibilities of lawyers as members of the Integrated Bar of the Philippines, emphasizing the importance of integrity, professionalism, and moral character in the practice of law. It details the consequences of misconduct, including disbarment for actions reflecting poorly on a lawyer's character, and the obligation to maintain respect and fairness towards colleagues and clients. Additionally, it addresses the prohibition against unauthorized practice of law and the necessity for lawyers to uphold public confidence in the legal profession.

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0% found this document useful (0 votes)
19 views5 pages

Upholding Legal Profession Standards

The document outlines the ethical standards and responsibilities of lawyers as members of the Integrated Bar of the Philippines, emphasizing the importance of integrity, professionalism, and moral character in the practice of law. It details the consequences of misconduct, including disbarment for actions reflecting poorly on a lawyer's character, and the obligation to maintain respect and fairness towards colleagues and clients. Additionally, it addresses the prohibition against unauthorized practice of law and the necessity for lawyers to uphold public confidence in the legal profession.

Uploaded by

Dealen Espiritu
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Canon 7 1.

Assist in the administration of


A lawyer shall at all times uphold the justice
integrity and dignity of the legal Legal Aid/Office
profession and support the activities of PAO cases are clogged
the integrated bar.
2. Fosters and maintains high ideals
The High Standard of the Bar of integrity, learning, professional
“You bring the good name of your interests of its members
profession”
3. Cultivates a spirit of cordiality and
Maintenance by the bar of a high brotherhood
standard of legal proficiency as well as
honesty and fair dealing is a requisite to 4. Provides a forum for the
making the bar an effective instrument discussion of law, jurisprudence, law
in the proper administration of justice reform, pleading, practice and
procedure
Public confidence in Law and lawyers
must be upheld at all times by making 5. Encourages and fosters legal
sure that the high standards of education
efficiency, professionalism, integrity, and MCLE offered twice = fundraiser
proper conduct are exercised by
members of the bar. 6. Promotes continuing program for
legal research
Rule 139-A (Rules of Court)
Santos, Jr. v. Llamas
The significance of Integrated Bar of the Held: A lawyer can engage in the
Philippines practice of law only by paying his dues,
and it does not matter that his practice is
● to elevate the standards of the "limited"
legal profession,
● to improve the administration of Rule 7.01
justice; and A lawyer shall be answerable for
● to enable the Bar to discharge its knowingly making a false statement or
public responsibilities more suppressing a material fact in
effectively. connection with his application for
admission to the bar.

IBP (Integrated Bar of the A person aspiring to profess the law


Philippines) must show his fitness for admission by
(A-F-C-P-E-P) adherence to, adherence to, or
observance of, the standard of conduct public or private life, behave in a
required of members of the bar. scandalous manner to the discredit of
the legal profession.
A person seeking to be admitted to the
bar must show that he has all the A lawyer shall always conduct himself
qualifications and none of the ethically and morally.
disqualifications prescribed by law.
Acts include gross immorality, conviction
An applicant who willfully falsified his of a crime involving moral turpitude, and
application is criminally liable for commission of fraud or falsehood.
Falsification of Public Document under
Art. 171 of RPC E.g. Gadon

Leda v. Tabang Melendez v. Decena (1979)


Held: It cannot be overemphasized that Charging Atty. Decena for malpractice
the requirement of good moral character and betray of trust
is not only a condition precedent to
admission to the practice of law; its Taking advantage of the financial
continued possession is also essential situation of the petitioners.
for remaining in the practice of law
Held: The moral turpitude for which an
Rule 7.02 attorney may be disbarred may consist
A lawyer shall not support the of misconduct in either his profession or
application for admission to the bar of non-professional attitude. The
any person known by him to be complained acts of respondent imply
unqualified in respect to character, something immoral in themselves,
education, or other relevant attribute regardless of the fact whether they are
punishable by law. The doing of the act
2 aspects: by omission and by action it self, not to the prohibition

A lawyer should help in guarding the bar Vitug v. Rongcal


against admission to the profession of Rongcal made sexual advances to the
candidates who are unfit or unqualified petitioner.
because they are deficient either in
moral character or in education. (Canon Held: Possession of good moral
29 of Canons of Professional Ethics) character

Rule 7.03 As officers of the court, lawyers must


A lawyer shall not engage in conduct not only in fact be of good moral
that adversely reflects on his fitness to character, but must also be seen to be
practice law, nor shall he, whether in of good moral character and leading
lives in accordance with the highest Held: A client's cause does not permit
moral standards of the community. an attorney to cross the line between
liberty and license
Canon 8
A lawyer shall conduct himself with To preserve its dignity, a court of justice
courtesy, fairness and candor toward should not yield to the assaults of
his professional colleagues, and shall disrespect
avoid harassing tactics against
opposing counsel. Castillo v. Padilla

Membership in the bar imposes upon Case was forcible entry


lawyers the obligation to conduct Insulting words by Padilla said "bobo"
themselves with courtesy, candor and
fairness toward their professional Duties of an Attorney (cited in this
colleagues case)
1. To observe and maintain the respect
Trabaho lang walang personalan due to the courts of justice

Rule 8.01 2. To abstain from all offensive


A lawyer shall not, in his professional personality and to advance no fact
dealings, use language which is prejudicial to the honor or reputation of a
abusive, offensive or otherwise party or witness
improper.
Rule 8.02
Should be a dignified one and A lawyer shall not, directly or indirectly,
professional encroach upon the professional
employment of another lawyer;
"Do as adversaries do in law: strive however, it is the right of any lawyer,
mightily but eat and drink as friends" without fear or favour, to give proper
advice and assistance to those seeking
The highest reward that can come to a relief against unfaithful or neglectful
lawyer is the esteem of his professional counsel
brethren.
Bawal manulot or mag encroach
Surigao Mineral Reservation Board v.
Cloribel It is your right to give advice pag naka
feel si client na negligent yung current
Words were insulting lawyer

Any act which is aimed to ease out a


previous lawyer with the intention to
grab the case is highly unethical and to negotiate or compromise the matter
should be avoided with him, but should deal only with his
counsel. It is in number upon the lawyer
A lawyer may properly accept most particularly to avoid everything that
employment to handle a matter which may tend to mislead a party not
has been previously handled by another represented by counsel, and he should
lawyer provided that notice was given to not undertake to advise him as to the
the previous lawyer that his services law."
have been terminated.
A lawyer shall not, in the absence of the
In re: Soriano adverse party's counsel, interview the
adverse party and question him as to
Held: The entry of appearance of a the facts of the case even if the adverse
counsel in a case which has long been party was willing to do so.
sealed and terminated by a final
judgment, besides being an unmitigated A lawyers shall decline association as a
absurdity in itself and an unwarranted colleague if it is objectionable to the
annoyance to the court which original counsel, if the said lawyer is
pronounced the judgment, is a sore relieved
deviation from normal judicial
processes. So pag wala na, he may come to the
case
Before taking over a case handled by a
peer in the Bar, A lawyer is enjoined to
obtain the conformity of the counsel Canon 9
whom he would substitute. And if this A lawyer shall not, directly or indirectly,
cannot be had, then he should, at the assist in the unauthorized practice of
very least, give notice to such lawyer of law.
the contemplated substitution.
Purpose of such rule is to protect the
An entry of appearance in the case Court, client, public, and the bar from
without notice to the first lawyer incompetence or dishonesty from those
amounts to an improper encroachment who are unauthorized to practice thals
upon the professional employment of and who are not subject to the
the counsel disciplinary control of the Court.

Canon 9, CPE Law School is hard, do your best to


"A lawyer shall not, in any way, protect the profession
communicate upon the subject of
controversy with a party represented by Tapay v. Bancolo
counsel, much less should he undertake
Document signed by Bancolo's A lawyer shall not divide or stipulate to
secretary divide a fee for legal services with
-unqualified to sign a pleading persons not licensed to practice law.

Held: The Lawyer's duty to prevent, or


at the very least, not assist in Five J Taxi v. NRC
unauthorized practice of law is founded Whether a non-lawyer may ask for
on Public interest and public policy Attorney's Fees?

Public policy dictates that those qualified Held: Article 222 of the Labor Code,
are entitled to practice law. as amended by Section 3 of Presidential
Decree No. 1691, states that non-
Lawyer's should not permit the use of lawyers may appear before the NLRC or
their professional services or their any labor arbiter only (1) if they
names to aid or to be used in the represent themselves, or (2) if they
unauthorized practice of law. represent their organization or the
members thereof.
Alawi v. Alauya
Can "Atty." be used in Sharia Courts? The statutory rule that an attorney shall
be entitled to have and recover from his
Held: Persons who pass the Shari'a Br client a reasonable compensation for his
are not full-fledged members of the services necessarily imports the
Philippine Bar, hence may only practice existence of an attorney-client
law before Shari'a courts relationship as a condition for the
recovery of attorney's fees, and such
While one who has been admitted to the relationship cannot exist unless the
Shari'a Bar, and one who has been client's representative is a lawyer.
admitted to the Philippine Bar, may both
be considered "counselors", in the
sense that they give counsel or advice
in a processional capacity, only the
latter is an "attorney"

Rule 9.01
A lawyer shall not delegate to any
unqualified person the performance of
any tasks which by law may only be
performed by a member of the Bar in
good standing.

Rule 9.02

Common questions

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The requirement of good moral character is pivotal for both admission to and continuation in the practice of law. Before admission, an aspiring lawyer must demonstrate adherence to the required standards of conduct, as lacking good moral character can bar entry into the profession . After admission, continued possession of good moral character is necessary to remain in practice, as misconduct reflecting on one's professional integrity can lead to disciplinary actions such as disbarment. This emphasizes the ongoing responsibility of lawyers to uphold high moral and ethical standards .

A lawyer is obligated to conduct themselves with courtesy, fairness, and candor towards opposing counsel, avoiding harassment or use of abusive language in professional dealings. This duty maintains the respect and integrity of the legal profession, ensuring that advocacy does not devolve into disrespectful conduct. By promoting a professional and amicable environment, lawyers uphold the dignity of the legal system, ultimately benefiting the administration of justice . Cases such as Surigao Mineral Reservation Board v. Cloribel reinforce these duties by emphasizing respect towards judicial processes .

Ethical considerations include improper encroachment on another lawyer’s employment and ensuring proper communication and transition of responsibility. To address these issues ethically, a lawyer taking over a case must notify the previous lawyer of the termination of their services and the intention to substitute them, ensuring respect for professional boundaries and preventing unwarranted annoyance to the court or parties involved . Failure to do so is considered highly unethical and is discouraged to maintain the integrity of the profession .

Rule 8.01 mandates that lawyers refrain from using language that is abusive, offensive, or improper, emphasizing the requirement to maintain a dignified and professional demeanor. This rule seeks to balance vigorous advocacy with respect and professionalism, advocating for attorneys to act with integrity while representing their clients' interests. This balance ensures that legal discourse remains respectful, maintaining the profession's dignity and enhancing public trust in the legal system .

Rule 9.01 explicitly prohibits lawyers from delegating tasks that by law can only be performed by a qualified member of the bar to unqualified persons. This rule aims to prevent unauthorized practice of law, which could compromise client interests and the integrity of the legal profession. Delegating such tasks to unqualified individuals undermines public confidence in legal proceedings and exposes clients to potential harm due to lack of proper expertise . The rule underscores the responsibility of a lawyer to personally ensure the quality and legality of legal services rendered.

The Integrated Bar of the Philippines (IBP) plays a significant role in elevating the standards of the legal profession and improving the administration of justice. It assists in providing legal aid and works to decongest clogged cases, thereby aiding in the efficient administration of justice. The IBP also cultivates a spirit of integrity and learning among its members, encourages legal education through programs like the Mandatory Continuing Legal Education (MCLE), and provides forums for legal discussion, which overall enhance the profession's proficiency and public confidence .

Public perception plays a crucial role in enforcing ethical standards within the legal profession, as public confidence is essential for the legal system's legitimacy. The integrity and credibility of the profession depend on lawyers' adherence to high ethical standards, both publicly and privately. Misconduct or unethical behavior undermines public trust, prompting stricter enforcement of ethical rules to restore confidence. Consequently, maintaining a positive public image motivates the legal community to uphold ethical practices rigorously .

Under Rule 7.03, a lawyer's improper behavior in private life, such as engaging in gross immorality or criminal activities, reflects negatively on their professional integrity and can lead to disciplinary action, including disbarment. Ethical dilemmas arise as personal conduct impacts professional reputation and trust in the legal system. This rule emphasizes that lawyers must uphold ethical and high moral standards both in and out of professional settings to protect the profession's integrity and maintain public confidence .

Rule 9.02 is significant as it prohibits lawyers from dividing or stipulating to divide fees with non-lawyers, which protects against the unauthorized practice of law. By ensuring that legal fees remain within the profession, the rule guards against situations where non-lawyers could disguise unqualified legal practice under the guise of consultation or partnership with licensed attorneys. It maintains the integrity of the legal profession and ensures clients receive competent legal representation .

Lawyers are responsible for assisting in protecting the legal profession by scrutinizing and opposing the admission of candidates lacking in moral character, education, or qualifications. They must not support applications for bar admission of those known to be unqualified and should actively engage in processes that evaluate an applicant's credentials and character. By doing so, they help maintain the profession's standards and public trust, ensuring that only deserving candidates are admitted into the legal field .

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