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Code of Professional Responsibility

This document outlines the code of professional responsibility for lawyers in the Philippines. It covers 6 main canons: 1) upholding the law and promoting respect for legal processes, 2) making legal services available efficiently while maintaining independence, 3) only providing true information about qualifications and services, 4) participating in legal reform and improving the justice system, 5) keeping knowledge up to date through continuing education, and 6) applying the code even when working for the government. It provides rules for lawyers regarding their conduct, responsibilities to clients and the court system, and interactions with other lawyers and the legal profession.
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0% found this document useful (0 votes)
58 views

Code of Professional Responsibility

This document outlines the code of professional responsibility for lawyers in the Philippines. It covers 6 main canons: 1) upholding the law and promoting respect for legal processes, 2) making legal services available efficiently while maintaining independence, 3) only providing true information about qualifications and services, 4) participating in legal reform and improving the justice system, 5) keeping knowledge up to date through continuing education, and 6) applying the code even when working for the government. It provides rules for lawyers regarding their conduct, responsibilities to clients and the court system, and interactions with other lawyers and the legal profession.
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
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CODE OF PROFESSIONAL INFORMATION OR STATEMENT OF

RESPONSIBILITY FACTS.
(Promulgated June 21, 1988) Rule 3.01 - A lawyer shall not use or permit the
use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair
CHAPTER I. THE LAWYER AND SOCIETY statement or claim regarding his qualifications
or legal services.
CANON 1 - A LAWYER SHALL UPHOLD
THE CONSTITUTION, OBEY THE LAWS OF Rule 3.02 - In the choice of a firm name, no
THE LAND AND PROMOTE RESPECT FOR false, misleading or assumed name shall be
LAW OF AND LEGAL PROCESSES. used. The continued use of the name of a
deceased partner is permissible provided that the
Rule 1.01 - A lawyer shall not engage in firm indicates in all its communications that said
unlawful, dishonest, immoral or deceitful partner is deceased.
conduct.
Rule 1.02 - A lawyer shall not counsel or abet
activities aimed at defiance of the law or at Rule 3.03 - Where a partner accepts public
lessening confidence in the legal system. office, he shall withdrawal from the firm and his
name shall be dropped from the firm name
unless the law allows him to practice law
currently.
Rule 1.03 - A lawyer shall not, for any corrupt
motive or interest, encourage any suit or
proceeding or delay any man's cause.
Rule 3.04 - A lawyer shall not pay or give
anything of value to representatives of the mass
media in anticipation of, or in return for,
Rule 1.04 - A lawyer shall encourage his clients
publicity to attract legal business.
to avoid, end or settle a controversy if it will
admit of a fair settlement.

CANON 4 - A LAWYER SHALL


PARTICIPATE IN THE DEVELOPMENT OF
CANON 2 - A LAWYER SHALL MAKE HIS
THE LEGAL SYSTEM BY INITIATING OR
LEGAL SERVICES AVAILABLE IN AN
SUPPORTING EFFORTS IN LAW REFORM
EFFICIENT AND CONVENIENT MANNER
AND IN THE IMPROVEMENT OF THE
COMPATIBLE WITH THE INDEPENDENCE,
ADMINISTRATION OF JUSTICE.
INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION. CANON 5 - A LAWYER SHALL KEEP
ABREAST OF LEGAL DEVELOPMENTS,
Rule 2.01 - A lawyer shall not reject, except for
PARTICIPATE IN CONTINUING LEGAL
valid reasons, the cause of the defenseless or the
EDUCATION PROGRAMS, SUPPORT
oppressed.
EFFORTS TO ACHIEVE HIGH STANDARDS
Rule 2.02 - In such cases, even if the lawyer IN LAW SCHOOLS AS WELL AS IN THE
does not accept a case, he shall not refuse to PRACTICAL TRAINING OF LAW
render legal advice to the person concerned if STUDENTS AND ASSIST IN
only to the extent necessary to safeguard the DISSEMINATING THE LAW AND
latter's rights. JURISPRUDENCE.

Rule 2.03 - A lawyer shall not do or permit to be CANON 6 - THESE CANONS SHALL APPLY
done any act designed primarily to solicit legal TO LAWYERS IN GOVERNMENT
business. SERVICES IN THE DISCHARGE OF THEIR
TASKS.

Rule 2.04 - A lawyer shall not charge rates


lower than those customarily prescribed unless Rule 6.01 - The primary duty of a lawyer
the circumstances so warrant. engaged in public prosecution is not to convict
but to see that justice is done. The suppression
of facts or the concealment of witnesses capable
CANON 3 - A LAWYER IN MAKING of establishing the innocence of the accused is
KNOWN HIS LEGAL SERVICES SHALL highly reprehensible and is cause for
USE ONLY TRUE, HONEST, FAIR, disciplinary action.
DIGNIFIED AND OBJECTIVE
Rule 6.02 - A lawyer in the government service employment of another lawyer, however, it is
shall not use his public position to promote or the right of any lawyer, without fear or favor, to
advance his private interests, nor allow the latter give proper advice and assistance to those
to interfere with his public duties. seeking relief against unfaithful or neglectful
counsel.

Rule 6.03 - A lawyer shall not, after leaving


government service, accept engagement or
employment in connection with any matter in
CANON 9 - A LAWYER SHALL NOT,
which he had intervened while in said service.
DIRECTLY OR INDIRECTLY, ASSIST IN
THE UNAUTHORIZED PRACTICE OF LAW.

CHAPTER II. THE LAWYER AND THE


LEGAL PROFESSION
Rule 9.01 - A lawyer shall not delegate to any
unqualified person the performance of any task
which by law may only be performed by a
CANON 7 - A LAWYER SHALL AT ALL
member of the bar in good standing.
TIMES UPHOLD THE INTEGRITY AND
DIGNITY OF THE LEGAL PROFESSION Rule 9.02 - A lawyer shall not divide or stipulate
AND SUPPORT THE ACTIVITIES OF THE to divide a fee for legal services with persons
INTEGRATED BAR. not licensed to practice law,
except:chanroblesvirtuallawlibrary

(a) Where there is a pre-existing agreement with


Rule 7.01 - A lawyer shall be answerable for
a partner or associate that, upon the latter's
knowingly making a false statement or
death, money shall be paid over a reasonable
suppressing a material fact in connection with
period of time to his estate or to persons
his application for admission to the bar.
specified in the agreement; or
Rule 7.02 - A lawyer shall not support the
(b) Where a lawyer undertakes to complete
application for admission to the bar of any
unfinished legal business of a deceased lawyer;
person known by him to be unqualified in
or
respect to character, education, or other relevant
attribute.
(c) Where a lawyer or law firm includes non-
lawyer employees in a retirement plan even if
Rule 7.03 - A lawyer shall not engage in conduct
the plan is based in whole or in part, on a profit
that adversely reflects on his fitness to practice
sharing agreement.
law, nor shall he whether in public or private
life, behave in a scandalous manner to the
discredit of the legal profession.

CHAPTER III. THE LAWYER AND THE


COURTS
CANON 8 - A LAWYER SHALL CONDUCT
HIMSELF WITH COURTESY, FAIRNESS
CANON 10 - A LAWYER OWES CANDOR,
AND CANDOR TOWARDS HIS
FAIRNESS AND GOOD FAITH TO THE
PROFESSIONAL COLLEAGUES, AND
COURT.
SHALL AVOID HARASSING TACTICS
AGAINST OPPOSING COUNSEL.

Rule 10.01 - A lawyer shall not do any


falsehood, nor consent to the doing of any in
Rule 8.01 - A lawyer shall not, in his
Court; nor shall he mislead, or allow the Court
professional dealings, use language which is
to be misled by any artifice.
abusive, offensive or otherwise improper.
Rule 10.02 - A lawyer shall not knowingly
Rule 8.02 - A lawyer shall not, directly or
misquote or misrepresent the contents of a
indirectly, encroach upon the professional
paper, the language or the argument of opposing
counsel, or the text of a decision or authority, or
Rule 12.03 - A lawyer shall not, after obtaining
knowingly cite as law a provision already
extensions of time to file pleadings, memoranda
rendered inoperative by repeal or amendment, or
or briefs, let the period lapse without submitting
assert as a fact that which has not been proved.
the same or offering an explanation for his
failure to do so.
Rule 10.03 - A lawyer shall observe the rules of
procedure and shall not misuse them to defeat
Rule 12.04 - A lawyer shall not unduly delay a
the ends of justice.
case, impede the execution of a judgment or
misuse Court processes.

CANON 11 - A LAWYER SHALL OBSERVE Rule 12.05 - A lawyer shall refrain from talking
AND MAINTAIN THE RESPECT DUE TO to his witness during a break or recess in the
THE COURTS AND TO JUDICIAL trial, while the witness is still under
OFFICERS AND SHOULD INSIST ON examination.
SIMILAR CONDUCT BY OTHERS.

Rule 12.06 - A lawyer shall not knowingly assist


a witness to misrepresent himself or to
impersonate another.
Rule 11.01 - A lawyer shall appear in court
properly attired.
Rule 11.02 - A lawyer shall punctually appear at Rule 12.07 - A lawyer shall not abuse, browbeat
court hearings. or harass a witness nor needlessly inconvenience
him.

Rule 11.03 - A lawyer shall abstain from


scandalous, offensive or menacing language or Rule 12.08 - A lawyer shall avoid testifying in
behavior before the Courts. behalf of his client,
except:chanroblesvirtuallawlibrary

Rule 11.04 - A lawyer shall not attribute to a


Judge motives not supported by the record or (a) on formal matters, such as the mailing,
have no materiality to the case. authentication or custody of an instrument, and
the like; or
(b) on substantial matters, in cases where his
Rule 11.05 - A lawyer shall submit grievances testimony is essential to the ends of justice, in
against a Judge to the proper authorities only. which event he must, during his testimony,
entrust the trial of the case to another counsel.

CANON 12 - A LAWYER SHALL EXERT


EVERY EFFORT AND CONSIDER IT HIS CANON 13 - A LAWYER SHALL RELY
DUTY TO ASSIST IN THE SPEEDY AND UPON THE MERITS OF HIS CAUSE AND
EFFICIENT ADMINISTRATION OF REFRAIN FROM ANY IMPROPRIETY
JUSTICE. WHICH TENDS TO INFLUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE
COURT.

Rule 12.01 - A lawyer shall not appear for trial


unless he has adequately prepared himself on the
law and the facts of his case, the evidence he Rule 13.01 - A lawyer shall not extend
will adduce and the order of its proferrence. He extraordinary attention or hospitality to, nor seek
should also be ready with the original opportunity for cultivating familiarity with
documents for comparison with the copies. Judges.
Rule 12.02 - A lawyer shall not file multiple Rule 13.02 - A lawyer shall not make public
actions arising from the same cause. statements in the media regarding a pending case
tending to arouse public opinion for or against a Rule 15.01. - A lawyer, in conferring with a
party. prospective client, shall ascertain as soon as
practicable whether the matter would involve a
conflict with another client or his own interest,
Rule 13.03 - A lawyer shall not brook or invite and if so, shall forthwith inform the prospective
interference by another branch or agency of the client.
government in the normal course of judicial
Rule 15.02.- A lawyer shall be bound by the rule
proceedings.
on privilege communication in respect of
matters disclosed to him by a prospective client.

CHAPTER IV. THE LAWYER AND THE Rule 15.03. - A lawyer shall not represent
CLIENT conflicting interests except by written consent of
all concerned given after a full disclosure of the
facts.
CANON 14 - A LAWYER SHALL NOT
REFUSE HIS SERVICES TO THE NEEDY.
Rule 15.04. - A lawyer may, with the written
consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

Rule 14.01 - A lawyer shall not decline to


represent a person solely on account of the Rule 15.05. - A lawyer when advising his client,
latter's race, sex. creed or status of life, or shall give a candid and honest opinion on the
because of his own opinion regarding the guilt merits and probable results of the client's case,
of said person. neither overstating nor understating the
prospects of the case.
Rule 14.02 - A lawyer shall not decline, except
for serious and sufficient cause, an appointment
as counsel de officio or as amicus curiae, or a
request from the Integrated Bar of the Rule 15.06. - A lawyer shall not state or imply
Philippines or any of its chapters for rendition of that he is able to influence any public official,
free legal aid. tribunal or legislative body.

Rule 14.03 - A lawyer may not refuse to accept Rule 15.07. - A lawyer shall impress upon his
representation of an indigent client client compliance with the laws and the
unless:chanroblesvirtuallawlibrary principles of fairness.

(a) he is not in a position to carry out the work Rule 15.08. - A lawyer who is engaged in
effectively or competently; another profession or occupation concurrently
with the practice of law shall make clear to his
(b) he labors under a conflict of interest between client whether he is acting as a lawyer or in
him and the prospective client or between a another capacity.
present client and the prospective client.

Rule 14.04 - A lawyer who accepts the cause of


a person unable to pay his professional fees shall CANON 16 - A LAWYER SHALL HOLD IN
observe the same standard of conduct governing TRUST ALL MONEYS AND PROPERTIES
his relations with paying clients. OF HIS CLIENT THAT MAY COME INTO
HIS PROFESSION.

CANON 15 - A LAWYER SHALL OBSERVE


CANDOR, FAIRNESS AND LOYALTY IN
ALL HIS DEALINGS AND TRANSACTIONS
Rule 16.01 - A lawyer shall account for all
WITH HIS CLIENTS.
money or property collected 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
CANON 19 - A LAWYER SHALL
those of others kept by him.
REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
Rule 16.03 - A lawyer shall deliver the funds
and property of his client when due or upon
demand. However, he shall have a lien over the
funds and may apply so much thereof as may be Rule 19.01 - A lawyer shall employ only fair
necessary to satisfy his lawful fees and and honest means to attain the lawful objectives
disbursements, giving notice promptly thereafter of his client and shall not present, participate in
to his client. He shall also have a lien to the presenting or threaten to present unfounded
same extent on all judgments and executions he criminal charges to obtain an improper
has secured for his client as provided for in the advantage in any case or proceeding.
Rules of Court.
Rule 19.02 - A lawyer who has received
information that his client has, in the course of
Rule 16.04 - A lawyer shall not borrow money the representation, perpetrated a fraud upon a
from his client unless the client's interest are person or tribunal, shall promptly call upon the
fully protected by the nature of the case or by client to rectify the same, and failing which he
independent advice. Neither shall a lawyer lend shall terminate the relationship with such client
money to a client except, when in the interest of in accordance with the Rules of Court.
justice, he has to advance necessary expenses in
a legal matter he is handling for the client.
Rule 19.03 - A lawyer shall not allow his client
to dictate the procedure in handling the case.

CANON 17 - A LAWYER OWES FIDELITY


TO THE CAUSE OF HIS CLIENT AND HE
SHALL BE MINDFUL OF THE TRUST AND CANON 20 - A LAWYER SHALL CHARGE
CONFIDENCE REPOSED IN HIM. ONLY FAIR AND REASONABLE FEES.

CANON 18 - A LAWYER SHALL SERVE HIS


CLIENT WITH COMPETENCE AND
Rule 20.01 - A lawyer shall be guided by the
DILIGENCE.
following factors in determining his
fees:chanroblesvirtuallawlibrary
(a) the time spent and the extent of the service
rendered or required;
Rules 18.01 - A lawyer shall not undertake a
legal service which he knows or should know (b) the novelty and difficulty of the questions
that he is not qualified to render. However, he involved;
may render such service if, with the consent of
his client, he can obtain as collaborating counsel
a lawyer who is competent on the matter. (c) The importance of the subject matter;
Rule 18.02 - A lawyer shall not handle any legal
matter without adequate preparation.
(d) The skill demanded;

Rule 18.03 - A lawyer shall not neglect a legal


(e) The probability of losing other employment
matter entrusted to him, and his negligence in
as a result of acceptance of the proffered case;
connection therewith shall render him liable.

(f) The customary charges for similar services


Rule 18.04 - A lawyer shall keep the client
and the schedule of fees of the IBP chapter to
informed of the status of his case and shall
which he belongs;
respond within a reasonable time to the client's
request for information.
(g) The amount involved in the controversy and he use the same to his own advantage or that of a
the benefits resulting to the client from the third person, unless the client with full
service; knowledge of the circumstances consents
thereto.
Rule 21.03 - A lawyer shall not, without the
(h) The contingency or certainty of
written consent of his client, give information
compensation;
from his files to an outside agency seeking such
information for auditing, statistical,
bookkeeping, accounting, data processing, or
(i) The character of the employment, whether any similar purpose.
occasional or established; and

Rule 21.04 - A lawyer may disclose the affairs


(j) The professional standing of the lawyer. of a client of the firm to partners or associates
thereof unless prohibited by the client.

Rule 20.02 - A lawyer shall, in case of referral,


with the consent of the client, be entitled to a Rule 21.05 - A lawyer shall adopt such measures
division of fees in proportion to the work as may be required to prevent those whose
performed and responsibility assumed. services are utilized by him, from disclosing or
Rule 20.03 - A lawyer shall not, without the full using confidences or secrets of the clients.
knowledge and consent of the client, accept any
fee, reward, costs, commission, interest, rebate
or forwarding allowance or other compensation Rule 21.06 - A lawyer shall avoid indiscreet
whatsoever related to his professional conversation about a client's affairs even with
employment from anyone other than the client. members of his family.

Rule 20.04 - A lawyer shall avoid controversies Rule 21.07 - A lawyer shall not reveal that he
with clients concerning his compensation and has been consulted about a particular case except
shall resort to judicial action only to prevent to avoid possible conflict of interest.
imposition, injustice or fraud.

CANON 22 - A LAWYER SHALL


CANON 21 - A LAWYER SHALL PRESERVE WITHDRAW HIS SERVICES ONLY FOR
THE CONFIDENCE AND SECRETS OF HIS GOOD CAUSE AND UPON NOTICE
CLIENT EVEN AFTER THE ATTORNEY- APPROPRIATE IN THE CIRCUMSTANCES.
CLIENT RELATION IS TERMINATED.

Rule 22.01 - A lawyer may withdraw his


Rule 21.01 - A lawyer shall not reveal the services in any of the following
confidences or secrets of his client except; case:chanroblesvirtuallawlibrary

(a) When authorized by the client after (a) When the client pursues an illegal or
acquainting him of the consequences of the immoral course of conduct in connection with
disclosure; the matter he is handling;

(b) When required by law; (b) When the client insists that the lawyer pursue
conduct violative of these canons and rules;

(c) When necessary to collect his fees or to


defend himself, his employees or associates or (c) When his inability to work with co-counsel
by judicial action. will not promote the best interest of the client;

Rule 21.02 - A lawyer shall not, to the (d) When the mental or physical condition of the
disadvantage of his client, use information lawyer renders it difficult for him to carry out
acquired in the course of employment, nor shall the employment effectively;
(e) When the client deliberately fails to pay the
fees for the services or fails to comply with the
retainer agreement;

(f) When the lawyer is elected or appointed to


public office; and
(g) Other similar cases.

Rule 22.02 - A lawyer who withdraws or is


discharged shall, subject to a retainer lien,
immediately turn over all papers and property to
which the client is entitled, and shall cooperative
with his successor in the orderly transfer of the
matter, including all information necessary for
the proper handling of the matter.

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