LEGAL ETHICS1. Introductory2. Preliminary3. Definitions4. Power to regulate practice of law5. Nature of office of attorney6. Privileges of attorney7. Duties of office, generally8. Public versus private and personal duties9. Practice of law a profession10. Necessity of representation by counsel11. Need for, and right to, counsel12. Consequences of denial of right to counsel13. When appearance by counsel not obligatory14. Canons of professional responsibility

PRELIMINARY

Law is not a trade nor a craft but a profession

BASIC IDEAL1. To render public service2. Secure Justice for those who seek its aid

LEGAL ETHICS, DEFINITIONS Legal ethics is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar. P2 Living spirit of the profession, which limits yet, uplifts it as a livelihood. 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. Attorney A person who is a member of the Philippine Bar Who by the warrant of another, practices law, or who acts professionally in legal formalities, negotiations or proceedings, by authority of his client. COUNSEL An adviser A persons professionally engaged in the trial or management of a case in court A legal advocate managing a case at law

TYPES OF ATTORNEYCounsel de parteIs an attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court

Theres a freedom of choice either on the part of the attorney to decline or accept the employment

Counsel de oficioIs an attorney appointed by the court to defend an indigent defendant in a criminal action or to represent a destitute party in case. No choice than the acceptance by the indigent party of whoever is appointed as his counsel

Attorney of record Is an attorney whose name, together with his address, is entered in the case and to whom judicial notices relative thereto are sent.

Of CounselAn experienced lawyer, who is usually are retired member of judiciary employed by law firms as a consultant

Amicus CuriaeAn experienced and impartial attorney ivited by the court to appear and help in the disposition of issues submitted to it.

BarLegal Profession

BenchJudiciary

POWER TO REGULATE PRACTICE OF LAW

The practice of law is a privilege impressed with public interest. Most important function of the state The administration of justice

Purpose of regulation Regulation is needed because function of law should be faithfully discharged and rendered only by those who are qualified, fit and honest and who possess good moral character.

Supreme Court Has the power of control and regulate the practice of law Reason why regulation belongs to judiciary Practice of law is inseparably connected with the exercise of judicial power in the administration of justice. Scope of regulations Authority to define the term Prescribe the qualifications of a a candidate who will be admitted to practice Suspend or disbar any unfit and unworthy member of the bar Reinstate any debarred or indefinitely suspended attorney Ordain the integration of the Philippine Bar Punish for contempt any person of unauthorized practice of law In general, exercise overall supervision of the legal profession Exercise any other power as may be necessary to elevate the standards of the bar and preserve its integrity.

Legislatures part in regulation In the exercise of its police power, legislature may enact law regulating the practice of law to protect the public and promote public welfare But may not pass law that will control SC in the performance of its function

NATURE OF OFFICE OF ATTORNEY

More than a mere agent Because he possesses special powers of trust and confidence reposed in him by his client Independent as judge Public officer Occupies a Quasi-judicial office He is an officer of court who has close and intimate relationship with the bench Membership is a privilege burdened with conditions Subject to disciplinary authority of the court

PRIVIEGES OF ATTORNEY

1. Right to practice law a. During good behavior before any judicial, quasi-judicial or administrative tribunal2. As part of judicial systema. Privilege as the first one to sit in judgment on every caseb. To set the judicial machinery in motion3. Enjoys presumption of regularity in the discharge of duty4. Immune from liability, in the performance of his obligation to his client, to a third persona. As long as does not materially depart from his character as quasi-judicial character5. Can speak freely and courageously in the course of judicial proceedings without risk of incurring criminal prosecution or an action for damagesa. Statements are absolutely privilegedb. Regardless of defamatory tenor and presence of malice6. Passing bar exam equivalent to a first and second degree elegibility

PURPOSE of GIVING PRIVILEGES Necessary for the proper administration of justice as for the protection of the attorney and his client. Designed to encourage lawyer to be courageous and fearless in the prosecution or defense of his clients cause. Common Objective proper, efficient, speedy and inexpensive administration of justice

DUTIES OF OFFICE Maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the law To observe and maintain the respect due the courts of justice and judicial officers To counsel or maintain such actions or proceedings only as he believes to be honestly debatable under the law To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor Never to mislead the judge or any judicial officer by an artifice or false statement of fact or law Maintain inviolate the confidence; preserve secrets of clients; accept no compensation in connection with his clients business Abstain from all of his offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness Not to encourage either the commencement or the continuance of an action or proceeding Never to dealy any mans case for any corrupt motive or interest Never to reject for any consideration personal to himself the cause of the defenseless or oppressed

PUBLIC versus PRIVATE and PERSONAL DUTIES

Public Duty Consists of his obligations to obey the law, aid in the administration of justice or cooperate with it whenever justice would otherwise be imperiledPrivate Duty Refers to his obligation to faithfully, honestly, and conscientiously represent the interest of his clientsPersonal Obligations What he owes to himself

LEGAL PROFESSION vs. BUSINESS1. A duty of public service of which the emolument is a by product, and in which one may attain the highest eminence without making much money2. A relation as an officer of the court to the administration of justice involving thorough sincerity, integrity and reliability3. A relation to clients in the highest degree fiduciary4. A relation to colleagues characterized by candor, fairness and unwillingness to resort to current bushiness methods of advertisement and encroachment upon others practice on dealing directly with their cli8ients