CANONS 14-22

MEMBERS:
GARCENIEGO, CHUA, GEROLIN,
MAYO,JAUCUL AN, ZAFRA

CODE OF
PROFESSIONAL
RESPONSIBILITY

CANON 14
A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY.
The poor and indigent should not be further disadvantaged
by lack of access to the Philippine legal system.
In consonance with:
Art III, sec. 11, Philippine Constitution:
Free access to the courts and quasi-judicial bodies and
adequate legal assistance shall not be denied to any
person by reason of poverty.

14.01 - SERVICES REGARDLESS OF

PERSONS STATUS

Rule 14.01 is applicable only in criminal cases. In

criminal cases, a lawyer cannot decline to represent
an accused or respondent because of his opinion that
the said person is guilty of the charge or charges
filed against him. In representing the accused or
respondent, the lawyer must only use means which
are fair and honorable. (Sec. 20[I], Rule 138, RRC)
Rule 14.01 is not applicable in civil cases because it is
the duty of an attorney to counsel or maintain such
actions or proceedings only as appear to him to be
just, and such defenses only as he believes to be
honestly debatable under the law. (Sec. 20[c], Rule
138, RRC)

THE DUTY TO DECLINE

A lawyer is not bound to accept every case
that is referred to him by a prospective
client. Thus, if he is already loaded with
cases, he should not accept any more cases
which he could no longer handle (Legarda vs
CA, GR 94457, March 18, 1991)
He must on his own responsibility, decide
what business he must accept as counsel, or
what cases he will bring to court for
plaintiffs, or what cases he will contest in
court for defendants (Enrique vs. Gimenez,

EXCEPTIONS
A lawyer shall not refuse his services to the needy. He shall not
decline to represent a person solely on account of the latters
race, sex, creed or status of life or because of his own opinion
regarding the guilt of said person.
He shall not decline, except for serious and sufficient cause like
(1) if he is not in a position to carry out effectively or
competently; (2) if he labors under a conflict of interest
between him and the prospective client or between a present
and prospective client.
REASON:
IBP Guidelines, Art.1, Sec. 1. Public Service:
Legal aid is not a matter of charity but a public responsibility.
It is a means for correction of social imbalance.

14.02 SERVICES AS
COUNSEL DE OFFICIO
He shall not decline appointment as counsel de
officio or amicus curiae, or request of IBP to
render free legal aid. (Rule 14.02)
Who may be appointed as counsel de oficio?
1. Members of the bar in good standing;
2. Any person, resident of the province and of
good repute for probity and ability, in localities
without lawyers.

A court may assign an attorney to render professional

aid free of charge to any party in case, if upon
investigation it appears that the party is destitute and
unable to employ an attorney, and that the services
of counsel are necessary to secure the ends of justice
and to protect the rights of the party.

It shall be the duty of the attorney so assigned to

render the required service, unless he is excused
therefrom by the court for sufficient cause shown.
(Sec. 31, Rule 138, RRC)

14.03 - VALID GROUNDS FOR

REFUSAL OF SERVICE
A lawyer may not refuse to accept
representation of an indigent client
unless:
a. He is in no 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 a prospective

THE TWO EXCEPTIONS

The first instance: If the lawyer is inexperienced
on the nature of the case for which he is being
engaged, he must be open and candid enough to
tell the prospective client about it. It is dangerous
to be represented by an inexperienced counsel.
Second Instance: Conflict of interest. The lawyer
is excused from taking counsel due to conflicting
interests in a certain case. This is further
exemplified under Rule 15.03, Canon 15.

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.
If a lawyer volunteers his services to a client, and
therefore not entitled to attorneys fees, nevertheless, he
is bound to attend to a clients case with all due diligence
and zeal. By volunteering his services, he has
established a client-lawyer relationship. (Blanza vs.
Arcangel, 21 SCRA 1)

If a lawyer accepts a case for a client and

the client is unable to pay the lawyers
professional fees, he must still represent the
client with the utmost fidelity, competence
and diligence. The profession is not a
money-raking trade but a noble involvement
in the speedy administration of justice.

The degree of care and skill required of the

lawyer is not affected by the fact that his
services are rendered gratuitously (People
vs. Ingco, 42 SCRA 170)

CANON 15
Candor, Fairness and Loyalty to the
client
Canon 15 of the Code of Professional
Responsibility provides that A lawyer shall
observe candor, fairness and loyalty in all his
dealings and transactions with his client.
A lawyer owes absolute fidelity to the cause
of his client. He owes his client full devotion
to his interest, warm zeal in the maintenance

15.01

POSSIBLE INVOLVEMENT IN
CONFLICTING INTERESTS MUST BE
DISCLOSED TO CLIENTS.
A lawyer has the duty to disclose and explain to the
prospective client all circumstances of his relation to
the parties and any interest in connection with the
controversy, which in his judgment might influence his
client, in so far as will enable him to decide whether to
accept the case. It is his duty to decline employment
in any matter, which may involve conflicting interests.
The fact that the respondent has placed his private
personal interest over and above that of his clients
constitutes a breach of a lawyers oath, to say at least.
(Sta. Maria vs. Tuazon, 11 SCRA 562)

CONFLICT OF INTEREST
Two kinds
Concurrent or multiple representation
is the simultaneous representation of more than one person
in the same matter. This can result in conflict of interest when
the considerations of one party is to the detriment of another.

Sequential or successive representation

occurs when a law firm takes a present client who has an
interest adverse to the interest of a former client of the same
law firm.

The attorneys failure to disclose his prior

engagement or interest is a good ground for
the client to discharge the attorney. (Mc
Arthur vs Fry, 10 Kan. 233)

ILLUSTRATION: EXISTENCE OF
CONFLICT OF INTEREST
A corporate lawyer cannot join a labor union of employees
in that corporation;
1.

2. A lawyer of an insurance corporation who investigated an

accident cannot represent the complainant/injured person;
3. As a receiver of a corporation, he cannot represent the
creditor;
4. As a representative of the obligor, he cannot represent the
obligee; and
5. As a lawyer representing a party in a compromise
agreement, he cannot, subsequently, be a lawyer representing
another client who seeks to nullify the agreement.

15.02 PRIVILEGED COMMUNICATION

A lawyer shall be bound by the rule on privileged
communication in respect to matters disclosed to
him by a prospective client.
This rule applies even if the prospective client does
not thereafter retain the lawyer of the latter
declines the employment. The reason for the rule is
to make prospective client feel free to discuss
whatever wishes with the lawyer without fear that
what he tells the lawyer will not be divulged nor
used against him and the lawyer to be equally free
to obtain information from the prospective client.

15.03 A LAWYER SHALL NOT REPRESENT CONFLICTING

INTERESTS EXCEPT BY WRITTEN CONSENT OF ALL CONCERNED
GIVEN AFTER A FULL DISCLOSURE OF THE FACTS.

GR: An attorney cannot represent diverse interests.

It is highly improper to represent both sides of an
issue. The proscription against representation of
conflicting interest finds application where the
conflicting interest arise with respect to the same
general matter and is applicable however slight
such adverse interest may be. It applies although
the attorneys intention and motives were honest
and he acted in good faith.
Exception: Representation of conflicting interest
may be allowed where the parties consent to the
representation after full disclosure of facts. (Nakpil
v. Valdez, A.C. No. 2040, Mar. 4, 1998

ART. 15.04
A LAWYER MAY ACT AS MEDIATOR,
CONCILIATOR OR ARBITRATOR
Where the lawyer performs the function of
mediator, conciliator, or arbitrator in disputes
where the lawyer labors under a conflict of
interest,
he
remains
subject
to
the
requirement of a prior written informed
consent from all parties concerned.
The requirement subsists even if the adverse
interest is very slight, and notwithstanding
the lawyers honest intention and motive.
(CPR Annotated, PhilJA)

ART. 15.05 GIVE CANDID OPINION ON THE MERITS AND

PROBABLE RESULTS

The lawyer must temper his clients propensity to litigate.

(Cobb-Perez v. Lantin, No. L-22320, July 29, 1968)
As officers of the court, counsels are under obligation to
advice their clients against making untenable and
inconsistent claims. The counsel should inform his client
and dissuade him from filing the case if it is totally devoid
of merit. If he finds that his clients cause is fairly
meritorious and ripe for judicial adjudication, he should
refrain from making bold and confident assurance of
success.

ART. 15.06
A LAWYER SHALL NOT STATE THAT
HE CAN INFLUENCE A COURT.

This rule is known as INFLUENCE-PEDDLING. It is

improper for a lawyer to show in any way that he
has connections and can influence any tribunal or
public official, judges, prosecutors, congressmen
and others, especially so if the purpose is to
enhance his legal standing and to entrench the
confidence of the client that his case or cases are
assured of victory.
It is unprofessional and dishonorable, to say the
least, to misuse a public office to enhance a
lawyer's prestige. Public confidence in law and
lawyers may be eroded by such reprehensible and
improper conduct. (Paas v. Almarvez, A.M. No. P-03-

15.07

A lawyer should use his best efforts to restrain and prevent his
client from doing those things, which he himself ought not to do;
and if the client persists in such wrong doing, the lawyer should
terminate their relation.
Art. 19 of the Civil Code
every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due
and observe honesty and good faith.
Conge vs. Deret, C.A.-G.R. No. 08848-CR., March 25, 1974
A lawyer who advise his client not to obey the order of the courts is
guilty of contempt and misconduct.
Cabilan vs. Ramolete, 192 SCRA 674
As counsel of record, a lawyer has control of the proceedings and
whatever steps hisclient takes should be within his knowledge and
responsibility.

A LAWYER SHALL MAKE CLEAR TO

CLIENT IF HE IS ACTING AS A LAWYER OR
IN ANOTHER CAPACITY
15.08

Rationale: Intended to avoid confusion; it is for the

benefit of both the client and the lawyer (Funa,
2009).

Note: The lawyer should inform the client when he is

acting as a lawyer and when he is not, because
certain ethical considerations governing the clientlawyer relationship may be operative in one case and
not in the other. (Report of the IBP Committee, p.84)
To avoid breach of legal ethics, the lawyer should
keep any business, in which he is engaged in
concurrently with the practice of law, entirely

CANON 16
A LAWYER SHALL HOLD IN TRUST ALL
MONEYS AND PROPERTIES OF HIS CLIENT THAT
MAY COME INTO HIS POSSESSION.
The lawyers failure to turn over such funds, moneys, or
properties to the client despite the latters demands
give rise to the presumption that the lawyer had
converted the money for his personal use and benefit.
This failure also renders the lawyer vulnerable to
judicial contempt under Section 25, Rule 138 of the
Rules of Court. (CPR Annotated, PhilJA)

16.01 . A LAWYER SHALL ACCOUNT

FOR ALL MONEY OR PROPERTY
COLLECTED OR RECEIVED FOR OR
FROM
THE
CLIENT.
1. Lawyers are bound to promptly account for money received
by them on behalf of their clients and failure to do so
constitutes professional misconduct.
2. The fact that a lawyer has a lien for fees on money on his
hands collected for his clients does not relieve him from the
duty of promptly accounting for the funds received.
3. However, delivery of funds is subject to lawyers lien.
Money given for a purpose must be used for such purpose;
otherwise, returned to client immediately.
Failure to do so will raise presumption that lawyer
misappropriated it. (De Chavez-Blanco v. Lumasag, Jr., AC
5195, Apr. 10, 2009)

16.02. A LAWYER SHALL KEEP THE FUNDS OF EACH CLIENT SEPARATE AND
APART FROM HIS OWN AND THOSE OF OTHERS KEPT BY HIM.

Should not commingle a clients money with that of other

clients and with his private funds, nor use the clients money
for his personal purposes without the clients consent.
It may be true that they have a lien upon the clients funds,
documents and other papers that have lawfully come into
their possession; that they may retain them until their lawful
fees and disbursements have been paid; and that they may
apply such funds to the satisfaction of such fees and
disbursements. However, these considerations do not relieve
them of their duty to promptly account for the moneys they
received. Their failure to do so constitutes professional
misconduct. In any event, they must still exert all effort to
protect their clients interest within the bounds of law.

16.03
A lawyer shall deliver the funds and property of client 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.
A Lawyer may not apply clients funds to his fees if client is
still objecting to the amount thereof. (Genato v. Adaza, 328
SCRA 694; Lemoine v. Balon, 414 SCRA511).
A lawyer will not be ordered to return money given to him
for facilitation fee. (Arellano University v. Mijares, AC 380,
Nov. 30. 2009)

16.0
A lawyer shall not borrow money from his client
4 unless the clients interests are fully protected
by the nature of the case or by independent
advice. Neither shall a lawyer lend money to his
client except, when in the interest of justice, he
has to advance necessary expenses in a legal
mater he is handling for the client. (Wong v.
Moya, AC 6972, 2008)
Is a lawyer allowed to borrow money from
his client?
No. Unless the clients interests are fully
protected by the nature of the case or by
independent advice.
Note: While the lawyer may borrow money from
his client, where the clients interests are fully

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.

Loyalty to a client dos not require a lawyer to

adopt a clients political, social and economical views.
Santiago v. Fojas, 248 SCRA 68 (1995)
xxx once [a lawyer] agree to take up the cause of
the client, the lawyer owes fidelity to such cause and
must always be mindful of the trust and confidence
reposed in him.

Lorenzana Corporation v. Daria, Case No. 2736, 27

May 1991

An attorney owes loyalty to his client not only in

the case in which he has represented him.
Rolton v. Atty. Naraval, A.C. No. 6424, 04 March
2005
Acceptance of money from a client establishes an
attorney-client relationship and gives rise to the duty
of fidelity to the clients cause. Every case accepted
by a lawyer deserves full attention, diligence, skill and
competence, regardless of importance.

CANON 18
A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE

It is the lawyers duty to safeguard the clients interests.

It begins from the retainer until effective discharge from case
or final disposition of the whole subject matter of litigation.
Blaza v. Court of Appeals, 182 SCRA 461
The legal profession demands a lawyer that degree of
vigilance and attention expected of a good father of a family
and should adopt the norm of practice expected of men of
good intentions

CANON 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

The handling lawyer cannot just take another

counsel without the consent of the client. And a
new lawyer cannot just enter his appearance as
collaborating counsel without the conformity of the
first counsel.

Islas v. Platon, 47 Phil. 162

When a lawyer accepts a case, whether for a free or not, his
acceptance is an implied representation:
1. that he possesses the requisite degree of academic
learning, skill and ability in the practice of his profession;
2. that he will exert his best judgment in the prosecution or
defense of the litigation entrusted to him;
3. that he will exercise reasonable and ordinary care and
diligence in the pursuit or defense of the case; and
4. that he will take steps as will adequately safeguard his
clients interest.
However, well-meaning he may be, a lawyer cannot ask
another lawyer to collaborate with him in a particular case
without the consent of the client. The nature of attorneyclient relationship prohibits

CANON 18.02
A LAWYER SHALL NOT HANDLE, ANY LEGAL
MATTER WITHOUT ADEQUATE PREPARATION.
Fernandez v. Atty. Novero, A.C. No. 5394, Dec. 2, 2002
A lawyer should prepare his pleadings with great care and
circumspection. He should refrain from using abrasive and
offensive language, for it merely weakens rather than
strengthens the force of legal reasoning and detracts from its
persuasiveness.
Supra.
The counsel must constantly keep in mind that his action or
omission, even malfeasance and nonfeasance would be
binding to his client

Bautista v. Rebueno, 81 SCRA 535

A lawyer must keep himself constantly abreast with
the trend of authoritative pronouncements and
developments in all branches of all.
Legarda v. CA, G.R. No. 94457, 18 March 1991
A lawyer should give adequate attention, care and
time to his cases. This is the reason why a
participating lawyer should accept only so many cases
he can handle. Once he agrees to handle a case, he
should undertake the task with dedication and care. If
he should do any less, then he is not true to his oath
as a lawyer.

CANON 18.03
A LAWYER SHALL NOT NEGLECT A LEGAL MATTER
ENTRUSTED TO HIM, AND HIS NEGLIGENCE IN
CONNECTION THEREWITH SHALL RENDER HIM LIABLE.

If by reason of the lawyers negligence, actual

loss has been caused to his client, the latter has a
cause of action against him for damages.
Dalisay v. Atty. Mauricio, A.C. No. 5655, April 2005
A lawyer who received money to handle a
clients case but rendered no service at all shall be
subject to disciplinary measures.

Abay v. Atty. Montesino, A.C. No. 5718, Dec. 4 2003

Even if a lawyer was honestly sincerely
protecting the interest of his client, the former still
had no right to waive the appeal without the
latters knowledge and consent

CANON 18.04
A LAWYER SHALL KEEP THE CLIENT INFORMED OF THE
STATUS OF HIS CASE AND SHALL RESPOND WITHIN A
REASONABLE TIME TO THE CLIENTS REQUEST FOR
INFORMATION.

The lawyer is obliged to respond within a reasonable

time to a clients request for information. A client is
entitled to the fullest disclosure of the mode or manner
by which that clients interest us defended or why
certain steps are taken or omitted.
Baker v. Humprhey, 101 US 494, 24 L ed 1065 (1879)
It the duty of an attorney to advise his client
promptly whenever he has any information to give
which is important that the client should receive.

CANON 19

A LAWYER SHALL
REPRESENT HIS CLIENT
WITH ZEAL WITH THE
BOUND 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 CASES
CUETO v. JIMENEZ, JR.
(A.C. No. 5798, January 20, 2005)FACTS:Engr. Alex B. Cueto filed a
complaint for disciplinary action against Atty. Jose Jimenez,Jr. with the
Integrated Bar of the Philippines (IBP), Commission on Bar Discipline.
Cuetoengaged the services of Jimenez as notary public and after notarizing
the ConstructionAgreement, Cueto paid the agreed P50,000 as notarial fee.
He paid P30,000 in cash and issued acheck for the balance in the amount of
P20,000. Cueto informed Jimenez that he ran short of
funds especially since Jimenezs son Jose III
failed to pay his own obligation to Cueto. As aresult, the check that Cueto
issued was dishonored for insufficient funds, so Atty. Jimenez filed
acomplaint against Cueto for violation of BP 22. Hence, this administrative
complaint was filedby Cueto against Jimenez, alleging that Jimenez violated
the Code of Professional Responsibilitywhen he filed the criminal case
against Cueto so he could collect the balance of his notarial fee.In its
report, the IBP Commission on Bar Discipline found respondent guilty of
violating Canon20, Rule 20.4 of the Code of Professional Responsibility and
recommended that Atty. Jose B.Jimenez, Jr. be reprimanded

ISSUE
Whether or not respondent Jimenez, Jr. is guilty of
violating Canon 20, Rule 20.4 of theCode of
Professional Responsibility

CANON 19
PENA v. APARICIO
(A.C. No. 7298, June 25, 2007)
FACTS:
This is an administrative complaint for violation of the Code of
Professional Responsibility against herein respondent, Atty. Lolito
G. Aparicio. Resondent appeared as legalcounsel for Grace C.
Hufana in an illegal dismissal case. This complaint rooted out
when hereincomplainant, Fernando Martin O. Pena, sent notices
to Hufana for the latter to explain herabsences and to return to
work. In reply to this return to work notice, respondent wrote a
letter tocomplainant reiterating his client's claim for separation
pay, in which the letter also containedthreats to the
company.Moreover, believing that the contents of the letter
deviated from accepted ethical standards,complainant filed this
administrative complaint

ISSUE
Whether or not respondents acts constitutes a
violation of the Code of professional Responsibility

HELD
Responsibility.HELD:Canon 19 of the Code of Professional
Responsibility states that "a lawyer shall representhis client with zeal
within the bounds of the law,"
Furthermore, Rule 19.01 commands that a"lawyer shall employ only
fair and honest means to attain the lawful objectives of his client
andshall not present, participate in presenting or threaten to present
unfounded criminal charges toobtain an improper advantage in any
case or proceeding."In the case at bar, respondent did exactly what
Canon 19 and its Rule proscribe. Through his letter, he threatened
complainant that should the latter fail to pay the amounts they
propose a ssettlement, he would file and claim bigger amounts
including moral damages, as well as multiple charges such as tax
evasion, falsification of documents, and cancellation of business
license to operate due to violations of laws. The threats are not only
unethical for violating Canon 19, butthey also amount to blackmail.
Notwithstanding, respondent does not find anything wrong withwhat
he wrote, dismissing the same as merely an act of pointing out
massive violations of thelaw by the other party, and, with boldness,
asserting that "a lawyer is under obligation to tell thetruth, to report
to the government commission of offenses punishable by the State."
He furtherasserts that the writing of demand letters is a standard
practice and tradition and that our lawsallow and encourage the

The Supreme Court ruled that indeed, the writing of demand letters is
a standard practiceand tradition in this jurisdiction. It is usually done
by a lawyer pursuant to the principal-agentrelationship that he has
with his client, the principal. Thus, in the performance of his role
asagent, the lawyer may be tasked to enforce his client's claim and to
take all the steps necessary tocollect it, such as writing a letter of
demand requiring payment within a specified period.However, the
letter in this case contains more than just a simple demand to pay. It
even containsa threat to file retaliatory charges against complainant
which have nothing to do with his client'sclaim for separation pay. The
letter was obviously designed to secure leverage to
compelcomplainant to yield to their claims. Indeed, letters of this
nature are definitely proscribed by theCode of Professional
Responsibility.WHEREFORE, premises considered, the petition is
granted. The 26 May 2006Resolution of the IBP Board of Governors is
hereby REVERSED and SET ASIDE. RespondentAtty. Lolito G. Aparicio is
hereby found liable for violation of Rule 19.01 of Canon 19 of theCode
of Professional Responsibility, and is accordingly meted out the
penalty of REPRIMAND,with the STERN WARNING that a repetition of
the same or similar act will be dealt with moreseverely.

CANON 19
RBCI BOHOL v. FLORIDO

(A.C. No. 5736, June 18, 2010)

FACTS:
This is a complaint for disbarment filed Atty. James Benedict Florido, alleged that
respondent violated his oath and the Code of Professional Responsibility. According to
RBCI, respondent and his client , Dr. Manuel Relampagos, and Felix Rengel, through
force and intimidation, with the use of armed men, forcibly took over the management
and the premises ofRBCI. They also forcibly evicted Cirilo A. Garay, the bank manager,
destroyed the banks vault, and installed their own staff to run the bank. However, In
his comment, respondent denied RBCIs allegation and explained that he acted in
accordance with the authority granted upon himby the Nazareno-Relampagos group,
the lawfully and validly elected Board of Directors ofRBCI. Respondent said he was
merely effecting a lawful and valid change of management.Respondent alleged that a
termination notice was sent to Garay but he refused to comply and toensure a smooth
transition of managerial operations, respondent and the Nazareno-Relampagosgroup
went to the bank to ask Garay to step down. However, Garay reacted violently and
grappled with the security guards long firearm. Respondent then directed the security
guards to prevent entry into the bank premises of individuals who had no transaction
with the bank andalso, through the orders of the Nazareno-Relampagosgroup, also
changed the locks of the banks vault

ISSUE
Whether or not Atty. James Floridos act is a ground for
violation of the Code ofProfessional Responsibility.

HELD
Canon 19 of the Code provides that a lawyer shall represent his client
with zeal within thebounds of the law. Lawyers are indispensable
instruments of justice and peace. Upon taking their professional
oath,they become guardians oftruth andthe ruleof law.Verily,
alawyers dutyis not to his client but to the administration of justice.
Thus, their duty to protect their clients interests is secondary to their
obligation to assist in the speedy and efficient administration
ofjustice.Whilethey areobligedtopresentevery availablelegal
remedy or defense,theirfidelity to their clients must always be made
within the parameters of law and ethics, never at the expense of
truth, the law, and the fair administration of justice and that, any
means, nothonorable, fair and honest which is resorted to by the
lawyer, even in the pursuit of his devotion to his clients cause, is
condemnable and unethical.
WHEREFORE, court finds respondent Atty. James Benedict Florido
GUILTY ofviolating Canon 19 and Rules 1.02 and 15.07 of the Code of
Professional Responsibility.Accordingly, he is SUSPENDED from the
practice of law for one year effective upon finality ofthe Decision

CANON 20
Only lawyers are entitled to attorneys fees. The same cannot
be shared with a non-lawyer. It is unethical.
Exception: A lawyer may divide a fee for legal services with
persons not licensed to practice law:
1. A lawyer undertakes to Complete the unfinished legal
business of a deceased lawyer;
2. There is a Pre-existing agreement with a partner or
associate that, upon the latters death, money shall be paid
over a reasonable period of time to his estate or to persons
specified in the agreement;
3. A lawyer or law firm includes nonlawyer employees in
Retirement plan, even if the plan is based, in whole or in part,
on a profit-sharing agreement. (Rule 9.02, CPR)

20.01
Generally, the amount of attorneys fees due is
that stipulated in the retainer agreement which
is conclusive as to the amount of lawyers
compensation
(Funa,
2009)
unless
the
stipulated amount in the written contract is
found by the court to be unconscionable or
unreasonable (Sec. 24, Rule 138, RRC). In the
absence thereof, the amount of attorneys fees
is fixed on the basis of quantum meruit.
(Sesbreno v. Court of Appeals, G.R. No. 117438,
June 8,1995; Funa, 2009)

Two Concepts of Attorneys Fees

In its ordinary concept, an attorneys fee is the reasonable
compensation paid to a lawyer for the legal services he has
rendered to a client. The basis of this compensation is the fact
of employment by the client.
In its extraordinary concept, an attorneys fee is an
indemnity for damages ordered by the court to be paid by the
losing party to the prevailing party in a litigation. The basis of
this isany of the cases authorized by law and is payable not to
the lawyer but to the client unless they have agreed that the
award shall pertain to the lawyer as additional compensation
or as part thereof.

KINDS OF PAYMENT
1. Fixed or absolute fee that which is payable
regardless of the result of the case.
a. A fixed fee payable per appearance
b. A fixed fee computed upon the number of
hours spent
c. A fixed fee based on piece work
d. Combination of any of the above
2. Contingent fee a fee that is conditioned on the
securing of a favorable judgment and recovery of
money or property and the amount of which may be
on a percentage basis. (1990, 2000, 2001, 2002,
2006, 2008 Bar Questions)

Factors in determining fees

a. Time spent and extent of services required
b. Novelty and difficulty of questions involved
c. Importance of subject matter
d. Skill demanded
e. Losing other employment
f. Customary charges
g. Amount involved
h. Contingency of compensation
i. Character of employment
j. Professional standing
Law Firm of Tungol & Tibayan v. CA, GR 166298, July 9, 2008
Vinson Pineda v. Atty. De Jesus, GR 166224, August 23, 2006

20.02
Lawyer- Referral System
Under this system, if another counsel is
referred to the client, and the latter agrees to
take him as collaborating counsel, and there is
no express agreement on the payment of
attorneys fees, the said counsel will receive
attorneys fees in proportion to the work
performed and responsibility assumed. The
lawyers and the client may agree upon the
proportion but in case of disagreement, the
court may fix the proportional division of fees.
(Lapena, 2009)

20.03
Report of IBP Committee, p. 112 (T)here
should be no room for suspicion on the part of
the client that his lawyer is receiving
compensation in connection with the case from
third persons with hostile interests.
Rule 138, Sec. 20 (e), ROC The only
exception whereby a lawyer may receive
relative compensation from a person other than
his client is when the latter has full knowledge
and approval thereof.

Diaz vs. Kapunan, 45 Phil. 848 (1932)

Whatever a lawyer receives from the
opposite party in the service of his client
belongs to the client, in the absence of his
clients consent made after full disclosure of
the facts.
Recto vs. Harden, 100 Phil. 427 (1956)
A lawyer may not claim the attorneys fees
in the concept of damages awarded by the
court in favor of his client, except when he
and his client have agreed that whatever
amount the court may award as attorneys
fees would form part of his compensation.

20.04

A lawyer should avoid the filing of any case against

clients for the enforcement of his attorneys fees
except to prevent imposition, injunction, or fraud.
Note: The legal profession is not a money-making trade but a
form of public service. Lawyers should avoid giving the
impression that they are mercenary (Perez v. Scottish Union
and National Insurance Co., C.A. No. 8977, March 22, 1946). It
might even turn out to be unproductive for him for potential
clients are likely to avoid a lawyer with a reputation of suing
his clients.

CANON 21
A LAWYER SHALL PRESERVE THE CONFIDENCES
AND SECRETS OF HIS CLIENTS EVEN AFTER THE
ATTORNEY-CLIENT RELATION IS TERMINATED.
The protection given to the client is perpetual
and does not cease with the termination of the
litigation nor is affected by the party ceasing to
employ the attorney and employ another or any
other change of relation between them. It even
survives the death of the client.

21.01

GR: A lawyer shall not reveal the confidences and secrets of his client.
XPN:
a. When authorized by his client after acquainting him of the
consequences of the disclosure;
Note: There is a waiver of the privilege by the client.
The only instance where the waiver of the client alone is insufficient is
when the person to be examined with reference to any privileged
communication is the attorneys secretary, stenographer or clerk, in
respect to which the consent, too, of the attorney is necessary.
b. When required by law;
c. When necessary to collect his fees or to defend himself, his
employees or associates by judicial action

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.
Lawyers cannot be allowed to exploit their profession for
the purpose of exacting vengeance or as a tool for
instigating hostility against any person most especially
against a client or former client. (Bun Siong Yao v. Aurelio,
A.C. No. 7023, Mar. 30, 2006)
Violation of this rule constitutes a breach of trust, and the
party at fault shall be meted disciplinary action.

21.03

A lawyer shall not, without the written consent of his

client, give information from the files to an outside
agency seeking such information for auditing statistical,
bookkeeping, accounting, data processing, or any other
similar purpose.
Note: The clients consent must be in writing.
People vs. SyJuco, 64 Phil. 667
Since it has been proven that the cabinet belongs to a lawyer
and that he keeps the records of his client therein, the lower
court cannot order the opening of said cabinet. To do so is in
violation of his rights as an attorney. It would be tantamount to
compelling him to disclose his clients secrets.

21.04
A lawyer may disclose the affairs of a client of the firm
to partners or associates thereof unless prohibited by
the client.

Note: Professional employment of a law firm

is equivalent to retainer of members thereof.
In a law firm, partners or associates usually
consult one another involving their cases
and some work as a team. Consequently, it
cannot be avoided that some information
about the case received from the client may
be disclosed to the partners or associates.

21.05,.06., AND 0.7

Q: Can the lawyer refuse from disclosing his clients
identity?
A: GR: A lawyer may not invoke privileged
communication to refuse revealing a clients
identity.
XPN:
1. When there is a strong possibility that revealing
the clients name would implicate the client in the
very activity for which he sought the lawyers
advice;
2. When disclosure would open the client to civil

21.0, .06, .07

What is the reason why a lawyer may not invoke
privileged communication to refuse revealing a
clients identity?
A: 1. Due process considerations require that the
opposing party should know the adversary; 2. The
privilege pertain to the subject matter of the
relationship;
3. The privilege begins to exist only after attorneyclient relationship has been established hence it
does not attach until there is a client; and
4. The court has a right to know that the client
whose privileged information is sought to be
protected is flesh and blood

CANON 22
A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE
AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES
When is a lawyer allowed to withdraw his services?
A lawyer shall withdraw his services only for good cause and upon
notice appropriate in the circumstances.
A lawyer lacks the unqualified right to withdraw once he has taken a
case. By his acceptance, he has impliedly stipulated that he will
prosecute the case to conclusion. This is especially true when such
withdrawal will work injustice to a client or frustrate the ends of justice.
The right of a lawyer to retire from the case before its final adjudication,
which arises only from:
1. The clients written consent; or
2. By permission of the court after due notice and hearing.

22.01
A lawyer may withdraw his services in any of the following case:
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 the 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.

He may also retire at any time from an action or

special proceeding without the consent of his client,
should the court, on notice to the client and attorney,
and on hearing, determine that he ought to be allowed
to retire. (Sec. 26, Rule 138, RRC)

22.02
A lawyer who withdraws or is discharged shall, subject
to a retaining 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.

What are the duties of a discharged lawyer or one who

withdraws?
1.

Immediately turn-over all papers and property to which the

client is entitled;

2.

To cooperate with his successor in the orderly transfer of

the case.

Liabilities of a Lawyer
What are the requisites for the liability of a lawyer for
damages?
3.

Attorney-client relationship;

4.

Want of reasonable care and diligence by lawyer

5.

Injury sustained by client as a proximate result of the

lawyers negligence.