Legal Ethics

Definition: The branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral law and special laws.

Prescribed Subject: a prescribed subject in all law schools

- It provides the needed moral foundation in the study of law intended to guide the student throughout his life.

Significance of Legal Ethics:- sets of governing rules to limit the parameters

and tame the exercise of the profession.- Will guard against the abuses and ills of the

profession such as dishonesty, deceit, immorality, negligence, slothness, lack of diligence and the many forms of malpractice of the members of the Bar.

1) It will raise the standard of the legal profession;2) Encourage and enhance the respect of the law;3) assure an effective and efficient administration of justice;4) Assist in the keeping and maintenance of law and order in coordination with the other Departments of the Government.5) Provides basis for the weeding out of the unfit and misfit in the legal profession for the protection of the public.

Origin of Legal Ethics

1) Canons of Professional Ethics – framed by the American Bar Association in 1908 and adopted in the Philippines in 1946, after its revision.

2) Supreme Court Decisions3) Statutes – CC, RPC and special laws4) Constitution 5) Treatises and Publications

Code of Professional Responsibility- Present and main basis of legal ethics.- Embodiment into one Code of the various

pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers sourced from the Constitution, Rules of Court, Canons of Professional Ethics, statutes, special laws, treatises and decisions which must be observed by all members of the Bar in the exercise of their profession whether in or out of court as well as in their public and private lives.

Importance of Code of Professional Responsibility

a. provided the legal profession an impression of identity and sense of independence attuned to the local traditions, practices and customs in the country.b. this sense of identity and independence has given the Filipino lawyer the feeling of pride and emancipation from foreign Canons.

Definition of Terms:

Bar – the whole body of attorneys and counselors; collectively, the members of the legal profession. The collectivity of persons whose names appear in the Roll of Attorneys; IBP.

Bench – the whole body of judges

Bar Admission – act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction.

Lawyer – general term for a person trained in the law and authorized to advise or represent others in legal matters. A person licensed to practice law.

Trial Lawyer – a lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients.

Practicing Lawyer – one engaged in the practice of law.

Practice of Law – any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.

NOTE: ALL trial lawyers are practicing lawyers, but NOT ALL practicing lawyers are trial lawyers.

Client - one who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee.

Attorneys-at-Law – class of persons who are by license, officers of courts, empowered to appear, prosecute ad defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

- A person admitted to practice law in his respective state and authorized to perform both civil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, and representing such before courts, administrative agencies, boards, etc.

- Synonymous w/ counselor-at-law, lawyer, attorney, counsel, “abogado” and “boceros”.

NOTE: The term “attorney” is reserved to those who, having obtained the necessary degree in the study of law and successfully taken the Bar Examinations, have been admitted to the Integrated Bar of the Philippines and remain members thereof in good standing; and it is they only who are authorized to practice law in this jurisdiction.