Article 5p. 5

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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.

RULE 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,

perpetuated 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:

a) The time spent and the extent of the services 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 cases 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 confidences or

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 client.

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 cases:

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 cooperate with his successor in the orderly transfer

of the matter, including all information necessary for the

proper handling of the matter.

(Code of Professional Responsibility, [June 21, 1988])

August 1, 1946

CANONS OF JUDICIAL ETHICS *

In

the

interest of the administration of justice, the

following Canons of Judicial Ethics, proposed by the

Philippine Bar Association and approved by the judges of

First

Instance

of

Manila

re hereby adopted for the

guidance of and observance by the judges under the

administrative supervision of the Department of Justice

© Compiled By RGL

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