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A.M. No. 22-09-01-SC - April 11, 2023
CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY RESOLUTION
This web page
contains
the full text of
Code
of Professional Responsibility
CODE OF
PROFESSIONAL
RESPONSIBILITY
(Promulgated June 21,
1988)
CHAPTER I. THE LAWYER
AND
SOCIETY
CANON 1 - A LAWYER
SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT
FOR LAW OF AND LEGAL PROCESSES.
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 legal system.
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 1.04 - A lawyer
shall
encourage his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.
CANON 2 - A LAWYER
SHALL
MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE
PROFESSION.
Rule 2.01 - A
lawyer
shall not reject, except for valid reasons, the cause of the
defenseless
or the oppressed.
Rule 2.02 - In such
cases,
even if the lawyer does not accept a case, he shall not refuse to
render
legal advice to the person concerned if only to the extent necessary to
safeguard the latter's rights.
Rule 2.03 - A lawyer
shall
not do or permit to be done any act designed primarily to solicit legal
business.
Rule 2.04 - A lawyer
shall
not charge rates lower than those customarily prescribed unless the
circumstances
so warrant.
CANON 3 - A LAWYER
IN
MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
Rule 3.01 - A
lawyer
shall not use or permit the use of any false, fraudulent, misleading,
deceptive,
undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.
Rule 3.02 - In the
choice
of a firm name, no false, misleading or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided
that the firm indicates in all its communications that said partner is
deceased.
Rule 3.03 - Where a
partner
accepts public 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 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, publicity to attract legal
business.
CANON 4 - A LAWYER
SHALL
PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
SUPPORTING
EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE.
CANON 5 - A LAWYER
SHALL
KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS
WELL
AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING
THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS
SHALL
APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
Rule 6.01 -
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
concealment
of witnesses capable of establishing the innocence of the accused is
highly
reprehensible and is cause for disciplinary action.
Rule 6.02 - A lawyer
in the
government service shall not use his 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 government service, accept engagement or employment
in connection with any matter in which he had intervened while in said
service.
CHAPTER II. THE LAWYER
AND THE LEGAL PROFESSION
CANON 7 - A LAWYER
SHALL
AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION
AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
Rule 7.01 - A lawyer
shall
be answerable for knowingly making a false statement or suppressing a
material
fact in connection 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 unqualified in respect to character, education, or other
relevant
attribute.
Rule 7.03 - A lawyer
shall
not engage in conduct that adversely reflects on his fitness to
practice
law, nor shall he whether in public or private life, behave in a
scandalous
manner to the discredit of the legal profession.
CANON 8 - A LAWYER SHALL
CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL
COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
Rule 8.01 - A lawyer
shall
not, in his professional dealings, use language which is abusive,
offensive
or otherwise improper.
Rule 8.02 - A lawyer
shall
not, directly or indirectly, encroach upon 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.
CANON 9 - A LAWYER SHALL
NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
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 member of the bar in good standing.
Rule 9.02 - A lawyer
shall
not divide or stipulate to divide a fee for legal services with persons
not licensed to practice law, except:chanroblesvirtuallawlibrary
(a) Where
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 specified in the agreement; or
(b) Where a lawyer
undertakes
to complete unfinished legal business of a deceased lawyer; or
(c) Where 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.
CHAPTER III. THE LAWYER
AND THE COURTS
CANON 10 - A LAWYER
OWES
CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
Rule 10.01 - A lawyer
shall
not do any falsehood, nor consent to the doing of any in Court; nor
shall
he mislead, or allow the Court to be misled by any artifice.
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 already rendered inoperative by
repeal
or amendment, or assert as a fact that which has not been proved.
Rule 10.03 - A lawyer
shall
observe the rules of procedure and shall not misuse them to defeat the
ends of justice.
CANON 11 - A LAWYER SHALL
OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL
OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
Rule 11.01 - A lawyer
shall
appear in court properly attired.
Rule 11.02 - A lawyer
shall
punctually appear at court hearings.
Rule 11.03 - A lawyer
shall
abstain from scandalous, offensive or menacing language or behavior
before
the Courts.
Rule 11.04 - A lawyer
shall
not attribute to a Judge motives not supported by the record or have no
materiality to the case.
Rule 11.05 - A lawyer
shall
submit grievances against a Judge to the proper authorities only.
CANON 12 - A LAWYER SHALL
EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.
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 will adduce and the order of
its proferrence. He should also be ready with the original documents
for
comparison with the copies.
Rule 12.02 - A lawyer
shall
not file multiple actions arising from 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 his failure to do so.
Rule 12.04 - A lawyer
shall
not unduly delay a case, impede the execution of a judgment or misuse
Court
processes.
Rule 12.05 - A lawyer
shall
refrain from talking to his witness during 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 to misrepresent himself or to
impersonate
another.
Rule 12.07 - A lawyer
shall
not abuse, browbeat or harass a witness nor needlessly inconvenience
him.
Rule 12.08 - A lawyer
shall
avoid testifying in behalf of his client, except:chanroblesvirtuallawlibrary
(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 is essential to the ends of justice, in
which
event he must, during his testimony, entrust the trial of the case to
another
counsel.
CANON 13 - A LAWYER SHALL
RELY UPON THE MERITS OF HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY
WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
Rule 13.01 - A lawyer
shall
not extend extraordinary attention or hospitality to, nor seek
opportunity
for cultivating familiarity with Judges.
Rule 13.02 - A lawyer
shall
not make public statements in the media regarding a pending case
tending
to arouse public opinion for or against a party.
Rule 13.03 - A lawyer
shall
not brook or invite interference by another branch or agency of the
government
in the normal course of judicial proceedings.
CHAPTER IV. THE LAWYER
AND THE CLIENT
CANON 14 - A LAWYER
SHALL
NOT REFUSE HIS SERVICES TO THE NEEDY.
Rule 14.01 - A lawyer
shall
not decline to represent a person solely on account of the latter's
race,
sex. creed or status of life, or because of his own opinion regarding
the
guilt of said person.
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 Philippines or any of its chapters for
rendition
of free legal aid.
Rule 14.03 - A lawyer
may
not refuse to accept representation of an indigent client unless:chanroblesvirtuallawlibrary
(a) he is
not in
a position to carry out the work effectively or competently;
(b) he 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 person unable to pay his professional fees shall observe
the same standard of conduct governing his relations with paying
clients.
CANON 15 - A LAWYER SHALL
OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND
TRANSACTIONS
WITH HIS CLIENTS.
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 privilege communication 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 full disclosure of the facts.
Rule 15.04. - A
lawyer may,
with the written consent of all concerned, act as mediator, conciliator
or arbitrator in settling disputes.
Rule 15.05. - A
lawyer when
advising his client, shall give a candid and honest opinion on the
merits
and probable results of the client's case, neither overstating nor
understating
the prospects of the case.
Rule 15.06. - A
lawyer shall
not state or imply that he is able to influence any public official,
tribunal
or legislative body.
Rule 15.07. - A
lawyer shall
impress upon his client compliance 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 make clear to his client whether he is acting as a lawyer
or in another capacity.
CANON 16 - A LAWYER SHALL
HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME
INTO
HIS PROFESSION.
Rule 16.01 - A lawyer
shall
account for all 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 those
of others kept by him.
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 necessary to satisfy his lawful fees and disbursements, giving
notice
promptly thereafter to his client. He shall also have a lien to the
same
extent on all judgments and executions he has secured for his client as
provided for in the Rules of Court.
Rule 16.04 - A lawyer
shall
not borrow money from his client unless the client's interest are fully
protected by the nature of the case or by independent advice. Neither
shall
a lawyer lend money to a client except, when in the interest of
justice,
he has to advance necessary expenses in a legal matter he is handling
for
the client.
CANON 17 - A LAWYER OWES
FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE
TRUST
AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER
SHALL
SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
Rules 18.01 - A lawyer
shall
not undertake a legal service which he knows or should know that he is
not qualified to render. However, he 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.
Rule 18.02 - A lawyer
shall
not handle any legal matter without adequate preparation.
Rule 18.03 - A lawyer
shall
not neglect a legal matter entrusted to him, and his negligence in
connection
therewith shall render him liable.
Rule 18.04 - A lawyer
shall
keep the client informed of the status of his case and shall respond
within
a reasonable time to the client's request for information.
CANON 19 - A LAWYER SHALL
REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
Rule 19.01 - A lawyer
shall
employ only fair and honest means to attain the lawful objectives of
his
client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in
any
case or proceeding.
Rule 19.02 - A lawyer
who
has received information that his client has, in the course of the
representation,
perpetrated a fraud upon a person or tribunal, shall promptly call upon
the client to rectify the same, and failing which he shall terminate
the
relationship with such client in accordance with the Rules of Court.
Rule 19.03 - A lawyer
shall
not allow his client to dictate the procedure in handling the case.
CANON 20 - A LAWYER SHALL
CHARGE ONLY FAIR AND REASONABLE FEES.
Rule 20.01 - A lawyer
shall
be guided by the following factors in determining his fees:chanroblesvirtuallawlibrary
(a) the time
spent
and the extent of the service rendered or required;
(b) the novelty and
difficulty
of the questions involved;
(c) The importance
of the
subject matter;
(d) The skill
demanded;
(e) The probability
of losing
other employment as a result of acceptance of the proffered case;
(f) The customary
charges
for similar services and the schedule of fees of the IBP chapter to
which
he belongs;
(g) The amount
involved in
the controversy and the benefits resulting to the client from the
service;
(h) The contingency
or certainty
of compensation;
(i) The character
of the
employment, whether occasional or established; and
(j) The
professional standing
of the lawyer.
Rule 20.02 - A lawyer
shall,
in case of referral, with the consent 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 knowledge and consent of the client, accept any
fee,
reward, costs, commission, interest, rebate or forwarding allowance or
other compensation whatsoever related to his professional employment
from
anyone other than the client.
Rule 20.04 - A lawyer
shall
avoid controversies with clients concerning his compensation and shall
resort to judicial action only to prevent imposition, injustice or
fraud.
CANON 21 - A LAWYER SHALL
PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE
ATTORNEY-CLIENT
RELATION IS TERMINATED.
Rule 21.01 - A lawyer
shall
not reveal the confidences or secrets of his client except;
(a) When
authorized
by the client after acquainting him of the consequences of the
disclosure;
(b) When required
by law;
(c) When necessary
to collect
his fees or to defend himself, his employees or associates or by
judicial
action.
Rule 21.02 - A lawyer
shall
not, to the disadvantage of his client, use information acquired in the
course of employment, nor shall he use the same to his own advantage or
that of a third person, unless the client with full knowledge of the
circumstances
consents thereto.
Rule 21.03 - A lawyer
shall
not, without the written consent of his client, give information from
his
files to an outside agency seeking such information for auditing,
statistical,
bookkeeping, accounting, data processing, or any similar purpose.
Rule 21.04 - A lawyer
may
disclose the affairs of a client of the firm to partners or associates
thereof unless prohibited by the client.
Rule 21.05 - A lawyer
shall
adopt such measures as may be required to prevent those whose services
are utilized by him, from disclosing or using confidences or secrets of
the clients.
Rule 21.06 - A lawyer
shall
avoid indiscreet conversation about a client's affairs even with
members
of his family.
Rule 21.07 - A lawyer
shall
not reveal that he has been consulted about a particular case except to
avoid possible conflict of interest.
CANON 22 - A LAWYER SHALL
WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE
IN
THE CIRCUMSTANCES.
Rule 22.01 - A lawyer
may
withdraw his services in any of the following case:chanroblesvirtuallawlibrary
(a) When the
client
pursues an illegal or immoral course of conduct in connection with the
matter he is handling;
(b) When the client
insists
that the lawyer pursue conduct violative of these canons and rules;
(c) When his
inability to
work with co-counsel will not promote the best interest of the client;
(d) When the mental
or physical
condition of the lawyer renders it difficult for him to carry out 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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