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Code of Professional Responsibility

The document outlines a code of professional responsibility for lawyers with 22 canons covering their duties to society, the legal profession, courts, and clients. It addresses lawyers upholding the law, making legal services accessible, using honest advertising, participating in legal reform, keeping expertise up to date, and maintaining integrity, candor and confidentiality in dealings with clients, courts and colleagues.

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0% found this document useful (0 votes)
89 views

Code of Professional Responsibility

The document outlines a code of professional responsibility for lawyers with 22 canons covering their duties to society, the legal profession, courts, and clients. It addresses lawyers upholding the law, making legal services accessible, using honest advertising, participating in legal reform, keeping expertise up to date, and maintaining integrity, candor and confidentiality in dealings with clients, courts and colleagues.

Uploaded by

Cookie Master
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CODE OF PROFESSIONAL RESPONSIBILITY (SUMMARY) TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING

THE COURT.
CHAPTER I. THE LAWYER AND SOCIETY
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO
LAW OF AND LEGAL PROCESSES. THE NEEDY.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND WITH HIS CLIENTS.
EFFECTIVENESS OF THE PROFESSION.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED PROFESSION.
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR CONFIDENCE REPOSED IN HIM.
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
COMPETENCE AND DILIGENCE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
ZEAL WITHIN THE BOUNDS OF THE LAW.
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN REASONABLE FEES.
DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. CLIENT RELATION IS TERMINATED.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
CIRCUMSTANCES.
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH


COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.

CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,


ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD


FAITH TO THE COURT.

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.

CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND


CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.

CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS


CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS
CODE OF PROFESSIONAL RESPONSIBILITY Rule 3.04 - A lawyer shall not pay or give anything of value to
representatives of the mass media in anticipation of, or in
CHAPTER I. THE LAWYER AND SOCIETY
return for, publicity to attract legal business.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION,
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
LAW OF AND LEGAL PROCESSES.
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
immoral or deceitful conduct.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
Rule 1.02 - A lawyer shall not counsel or abet activities aimed DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
at defiance of the law or at lessening confidence in the legal EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
system. HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
Rule 1.03 - A lawyer shall not, for any corrupt motive or DISSEMINATING THE LAW AND JURISPRUDENCE.
interest, encourage any suit or proceeding or delay any man's
cause. CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR
Rule 1.04 - A lawyer shall encourage his clients to avoid, end TASKS.
or settle a controversy if it will admit of a fair settlement.
Rule 6.01 - The primary duty of a lawyer engaged in public
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES prosecution is not to convict but to see that justice is done.
AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER The suppression of facts or the concealment of witnesses
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND capable of establishing the innocence of the accused is highly
EFFECTIVENESS OF THE PROFESSION. reprehensible and is cause for disciplinary action.
Rule 2.01 - A lawyer shall not reject, except for valid reasons, Rule 6.02 - A lawyer in the government service shall not use
the cause of the defenseless or the oppressed. his public position to promote or advance his private
interests, nor allow the latter to interfere with his public
Rule 2.02 - In such cases, even if the lawyer does not accept a
duties.
case, he shall not refuse to render legal advice to the person
concerned if only to the extent necessary to safeguard the Rule 6.03 - A lawyer shall not, after leaving government
latter's rights. service, accept engagement or employment in connection
with any matter in which he had intervened while in said
Rule 2.03 - A lawyer shall not do or permit to be done any act
service.
designed primarily to solicit legal business.
CHAPTER II. THE LAWYER AND THE LEGAL PROFESSION
Rule 2.04 - A lawyer shall not charge rates lower than those
customarily prescribed unless the circumstances so warrant. CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. Rule 7.01 - A lawyer shall be answerable for knowingly
making a false statement or suppressing a material fact in
Rule 3.01 - A lawyer shall not use or permit the use of any
connection with his application for admission to the bar.
false, fraudulent, misleading, deceptive, undignified, self-
laudatory or unfair statement or claim regarding his Rule 7.02 - A lawyer shall not support the application for
qualifications or legal services. admission to the bar of any person known by him to be
unqualified in respect to character, education, or other
Rule 3.02 - In the choice of a firm name, no false, misleading
relevant attribute.
or assumed name shall be used. The continued use of the
name of a deceased partner is permissible provided that the Rule 7.03 - A lawyer shall not engage in conduct that
firm indicates in all its communications that said partner is adversely reflects on his fitness to practice law, nor shall he
deceased. whether in public or private life, behave in a scandalous
manner to the discredit of the legal profession.
Rule 3.03 - Where a partner accepts public office, he shall
withdrawal from the firm and his name shall be dropped from CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH
the firm name unless the law allows him to practice law COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
currently.
PROFESSIONAL COLLEAGUES, AND SHALL AVOID Rule 11.02 - A lawyer shall punctually appear at court
HARASSING TACTICS AGAINST OPPOSING COUNSEL. hearings.

Rule 8.01 - A lawyer shall not, in his professional dealings, use Rule 11.03 - A lawyer shall abstain from scandalous, offensive
language which is abusive, offensive or otherwise improper. or menacing language or behavior be

Rule 8.02 - A lawyer shall not, directly or indirectly, encroach Rule 11.04 - A lawyer shall not attribute to a Judge motives
upon the professional employment of another lawyer, not supported by the record or have no materiality to the
however, it is the right of any lawyer, without fear or favor, to case.
give proper advice and assistance to those seeking relief
Rule 11.05 - A lawyer shall submit grievances against a Judge
against unfaithful or neglectful counsel.
to the proper authorities only.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY,
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND
ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
Rule 9.01 - A lawyer shall not delegate to any unqualified EFFICIENT ADMINISTRATION OF JUSTICE.
person the performance of any task which by law may only be
Rule 12.01 - A lawyer shall not appear for trial unless he has
performed by a member of the bar in good standing.
adequately prepared himself on the law and the facts of his
Rule 9.02 - A lawyer shall not divide or stipulate to divide a case, the evidence he will adduce and the order of its
fee for legal services with persons not licensed to practice proferrence. He should also be ready with the original
law, except: documents for comparison with the copies.

(a) Where there is a pre-existing agreement with a partner or Rule 12.02 - A lawyer shall not file multiple actions arising
associate that, upon the latter's death, money shall be paid from the same cause.
over a reasonable period of time to his estate or to persons
Rule 12.03 - A lawyer shall not, after obtaining extensions of
specified in the agreement; or
time to file pleadings, memoranda or briefs, let the period
(b) Where a lawyer undertakes to complete unfinished legal lapse without submitting the same or offering an explanation
business of a deceased lawyer; or for his failure to do so.

(c) Where a lawyer or law firm includes non-lawyer Rule 12.04 - A lawyer shall not unduly delay a case, impede
employees in a retirement plan even if the plan is based in the execution of a judgment or misuse Court processes.
whole or in part, on a profit-sharing agreement.
Rule 12.05 - A lawyer shall refrain from talking to his witness
CHAPTER III. THE LAWYER AND THE COURTS during a break or recess in the trial, while the witness is still
under examination.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND
GOOD FAITH TO THE COURT. Rule 12.06 - A lawyer shall not knowingly assist a witness to
misrepresent himself or to impersonate another.
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 Rule 12.07 - A lawyer shall not abuse, browbeat or harass a
Court to be misled by any artifice. witness nor needlessly inconvenience him.

Rule 10.02 - A lawyer shall not knowingly misquote or Rule 12.08 - A lawyer shall avoid testifying in behalf of his
misrepresent the contents of a paper, the language or the client, except:
argument of opposing counsel, or the text of a decision or
(a) on formal matters, such as the mailing, authentication or
authority, or knowingly cite as law a provision already
custody of an instrument, and the like; or
rendered inoperative by repeal or amendment, or assert as a
fact that which has not been proved. (b) on substantial matters, in cases where his testimony is
essential to the ends of justice, in which event he must,
Rule 10.03 - A lawyer shall observe the rules of procedure and
during his testimony, entrust the trial of the case to another
shall not misuse them to defeat the ends of justice.
counsel.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF
RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
Rule 11.01 - A lawyer shall appear in court properly attired. INFLUENCING THE COURT.
Rule 13.01 - A lawyer shall not extend extraordinary attention Rule 15.04. - A lawyer may, with the written consent of all
or hospitality to, nor seek opportunity for cultivating concerned, act as mediator, conciliator or arbitrator in
familiarity with Judges. settling disputes.

Rule 13.02 - A lawyer shall not make public statements in the Rule 15.05. - A lawyer when advising his client, shall give a
media regarding a pending case tending to arouse public candid and honest opinion on the merits and probable results
opinion for or against a party. of the client's case, neither overstating nor understating the
prospects of the case.
Rule 13.03 - A lawyer shall not brook or invite interference by
another branch or agency of the government in the normal Rule 15.06. - A lawyer shall not state or imply that he is able
course of judicial proceedings. to influence any public official, tribunal or legislative body.

CHAPTER IV. THE LAWYER AND THE CLIENT Rule 15.07. - A lawyer shall impress upon his client
compliance with the laws and the principles of fairness.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO
THE NEEDY. Rule 15.08. - A lawyer who is engaged in another profession
or occupation concurrently with the practice of law shall
Rule 14.01 - A lawyer shall not decline to represent a person
make clear to his client whether he is acting as a lawyer or in
solely on account of the latter's race, sex. creed or status of
another capacity.
life, or because of his own opinion regarding the guilt of said
person. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
Rule 14.02 - A lawyer shall not decline, except for serious and
PROFESSION.
sufficient cause, an appointment as counsel de officio or as
amicus curiae, or a request from the Integrated Bar of the Rule 16.01 - A lawyer shall account for all money or property
Philippines or any of its chapters for rendition of free legal collected or received for or from the client.
aid.
Rule 16.02 - A lawyer shall keep the funds of each client
Rule 14.03 - A lawyer may not refuse to accept separate and apart from his own and those of others kept by
representation of an indigent client unless: him.

(a) he is not in a position to carry out the work effectively or Rule 16.03 - A lawyer shall deliver the funds and property of
competently; his client when due or upon demand. However, he shall have
a lien over the funds and may apply so much thereof as may
(b) he labors under a conflict of interest between him and the
be necessary to satisfy his lawful fees and disbursements,
prospective client or between a present client and the
giving notice promptly thereafter to his client. He shall also
prospective client.
have a lien to the same extent on all judgments and
Rule 14.04 - A lawyer who accepts the cause of a person executions he has secured for his client as provided for in the
unable to pay his professional fees shall observe the same Rules of Court.
standard of conduct governing his relations with paying
Rule 16.04 - A lawyer shall not borrow money from his client
clients.
unless the client's interest are fully protected by the nature of
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS the case or by independent advice. Neither shall a lawyer
AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS lend money to a client except, when in the interest of justice,
WITH HIS CLIENTS. he has to advance necessary expenses in a legal matter he is
handling for the client.
Rule 15.01. - A lawyer, in conferring with a prospective client,
shall ascertain as soon as practicable whether the matter CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS
would involve a conflict with another client or his own CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
interest, and if so, shall forthwith inform the prospective CONFIDENCE REPOSED IN HIM.
client.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH
Rule 15.02.- A lawyer shall be bound by the rule on privilege COMPETENCE AND DILIGENCE.
communication in respect of matters disclosed to him by a
Rules 18.01 - A lawyer shall not undertake a legal service
prospective client.
which he knows or should know that he is not qualified to
Rule 15.03. - A lawyer shall not represent conflicting interests render. However, he may render such service if, with the
except by written consent of all concerned given after a full consent of his client, he can obtain as collaborating counsel a
disclosure of the facts. lawyer who is competent on the matter.
Rule 18.02 - A lawyer shall not handle any legal matter Rule 20.02 - A lawyer shall, in case of referral, with the
without adequate preparation. consent of the client, be entitled to a division of fees in
proportion to the work performed and responsibility
Rule 18.03 - A lawyer shall not neglect a legal matter
assumed.
entrusted to him, and his negligence in connection therewith
shall render him liable. Rule 20.03 - A lawyer shall not, without the full knowledge
and consent of the client, accept any fee, reward, costs,
Rule 18.04 - A lawyer shall keep the client informed of the
commission, interest, rebate or forwarding allowance or
status of his case and shall respond within a reasonable time
other compensation whatsoever related to his professional
to the client's request for information.
employment from anyone other than the client.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH
Rule 20.04 - A lawyer shall avoid controversies with clients
ZEAL WITHIN THE BOUNDS OF THE LAW.
concerning his compensation and shall resort to judicial
Rule 19.01 - A lawyer shall employ only fair and honest means action only to prevent imposition, injustice or fraud.
to attain the lawful objectives of his client and shall not
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
present, participate in presenting or threaten to present
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
unfounded criminal charges to obtain an improper advantage
CLIENT RELATION IS TERMINATED.
in any case or proceeding.
Rule 21.01 - A lawyer shall not reveal the confidences or
Rule 19.02 - A lawyer who has received information that his
secrets of his client except;
client has, in the course of the representation, perpetrated a
fraud upon a person or tribunal, shall promptly call upon the (a) When authorized by the client after acquainting him of the
client to rectify the same, and failing which he shall terminate consequences of the disclosure;
the relationship with such client in accordance with the Rules
(b) When required by law;
of Court.
(c) When necessary to collect his fees or to defend himself,
Rule 19.03 - A lawyer shall not allow his client to dictate the
his employees or associates or by judicial action.
procedure in handling the case.
Rule 21.02 - A lawyer shall not, to the disadvantage of his
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND
client, use information acquired in the course of employment,
REASONABLE FEES.
nor shall he use the same to his own advantage or that of a
Rule 20.01 - A lawyer shall be guided by the following factors third person, unless the client with full knowledge of the
in determining his fees: circumstances consents thereto.

(a) the time spent and the extent of the service rendered or Rule 21.03 - A lawyer shall not, without the written consent
required; of his client, give information from his files to an outside
agency seeking such information for auditing, statistical,
(b) the novelty and difficulty of the questions involved;
bookkeeping, accounting, data processing, or any similar
(c) The importance of the subject matter; purpose.

(d) The skill demanded; Rule 21.04 - A lawyer may disclose the affairs of a client of the
firm to partners or associates thereof unless prohibited by
(e) The probability of losing other employment as a result of the client.
acceptance of the proffered case;
Rule 21.05 - A lawyer shall adopt such measures as may be
(f) The customary charges for similar services and the required to prevent those whose services are utilized by him,
schedule of fees of the IBP chapter to which he belongs; from disclosing or using confidences or secrets of the clients.
(g) The amount involved in the controversy and the benefits Rule 21.06 - A lawyer shall avoid indiscreet conversation
resulting to the client from the service; about a client's affairs even with members of his family.
(h) The contingency or certainty of compensation; Rule 21.07 - A lawyer shall not reveal that he has been
consulted about a particular case except to avoid possible
(i) The character of the employment, whether occasional or
conflict of interest.
established; and
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES
(j) The professional standing of the lawyer.
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:

(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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