Duties of a Lawyer
Content
Marbella C. Aguinaldo BSBA Legal Management
The Four-Fold Duties of a Lawyer
According to the Code of Professional Responsibility, the conduct of the lawyers should be guided by their four-fold duties ² to the clients, the courts, their colleagues and the community.
Obligations and Duties of the Lawyers (Tabular Summary)
Client
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01- no discrimination against client¶s sex, race, creed, status or his guilt of the crime accused. Rule 14.02- shall not decline any appointment as counsel except for serious and sufficient cause. Rule 14.03- may not refuse to represent an indigent client unless he cant carry out the work effectively or there is a conflict of interest. Rule 14.04- he shall observe the same standards of conduct between
Court
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. A lawyer shall refrain doing unlawful, dishonest, immoral or deceitful conduct nor weakening the confidence to our legal system and shall settle or end the controversy with fair settlement. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
Colleagues
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. He shall be liable to any false statements and shall not support an admission of unqualified person to the bar and shall not discredit the legal profession whether in public or private life.
Community
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT He shall not do any falsehood, misquote or misrepresent the text or assert the fact which is not true and shall only be guided by the rules of procedure. 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 A lawyer shall wear proper clothing, be punctual and refrain himself
paying and non-paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule15.01- he shall inform his client if there is a conflict of interest. Rule 15.02- any disclosed matters by the client shall be bound by the rule on privileged communication. Rule15.05- he shall give honest and candid opinion without understating or overstating the prospects of the case. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION. He shall be accountable for all money or property collected or received and shall keep the fund separate and apart form his own and others and when due and demandable it shall be delivered to the owner upon satisfying his required lawful fees. Neither he borrows nor lends his money to the client unless he has to advance the
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. He shall not refuse to give his services except for valid reasons and shall not charge lower fees than actually prescribed. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. No abusive, offensive or improper language will be used professionally nor encroach directly or indirectly the client of a colleague however he has the right to give proper advice to the client with a neglectful counsel. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. He shall not delegate any unqualified person to perform legal task prescribed by law nor divide fees for legal services except for some agreements.
from doing offensive or scandalous behavior before the courts. 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 TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
necessary expenses in a legal matter. 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 CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. He shall not handle services which he is not qualified to render unless with a collaborating lawyer, neither he does any matters without enough preparation nor neglect it for he is liable in results thereof. He shall keep the client be informed of the status of the case. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. It is required to support the Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. It is the duty of public prosecutors to administer justice and shall not use his position to interfere with his private interest nor accept or engage employment in the previous office after leaving his service.
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEYCLIENT RELATION IS TERMINATED. CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Source:
Code of Professional Responsibility
(Promulgated June 21, 1988)
The Four-Fold Duties of a Lawyer
According to the Code of Professional Responsibility, the conduct of the lawyers should be guided by their four-fold duties ² to the clients, the courts, their colleagues and the community.
Obligations and Duties of the Lawyers (Tabular Summary)
Client
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY. Rule 14.01- no discrimination against client¶s sex, race, creed, status or his guilt of the crime accused. Rule 14.02- shall not decline any appointment as counsel except for serious and sufficient cause. Rule 14.03- may not refuse to represent an indigent client unless he cant carry out the work effectively or there is a conflict of interest. Rule 14.04- he shall observe the same standards of conduct between
Court
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES. A lawyer shall refrain doing unlawful, dishonest, immoral or deceitful conduct nor weakening the confidence to our legal system and shall settle or end the controversy with fair settlement. CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER
Colleagues
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR. He shall be liable to any false statements and shall not support an admission of unqualified person to the bar and shall not discredit the legal profession whether in public or private life.
Community
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT He shall not do any falsehood, misquote or misrepresent the text or assert the fact which is not true and shall only be guided by the rules of procedure. 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 A lawyer shall wear proper clothing, be punctual and refrain himself
paying and non-paying clients.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS. Rule15.01- he shall inform his client if there is a conflict of interest. Rule 15.02- any disclosed matters by the client shall be bound by the rule on privileged communication. Rule15.05- he shall give honest and candid opinion without understating or overstating the prospects of the case. CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION. He shall be accountable for all money or property collected or received and shall keep the fund separate and apart form his own and others and when due and demandable it shall be delivered to the owner upon satisfying his required lawful fees. Neither he borrows nor lends his money to the client unless he has to advance the
COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION. He shall not refuse to give his services except for valid reasons and shall not charge lower fees than actually prescribed. CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS. CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE. CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL. No abusive, offensive or improper language will be used professionally nor encroach directly or indirectly the client of a colleague however he has the right to give proper advice to the client with a neglectful counsel. CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW. He shall not delegate any unqualified person to perform legal task prescribed by law nor divide fees for legal services except for some agreements.
from doing offensive or scandalous behavior before the courts. 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 TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING THE COURT.
necessary expenses in a legal matter. 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 CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. He shall not handle services which he is not qualified to render unless with a collaborating lawyer, neither he does any matters without enough preparation nor neglect it for he is liable in results thereof. He shall keep the client be informed of the status of the case. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE
LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE. It is required to support the Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. It is the duty of public prosecutors to administer justice and shall not use his position to interfere with his private interest nor accept or engage employment in the previous office after leaving his service.
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEYCLIENT RELATION IS TERMINATED. CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
Source:
Code of Professional Responsibility
(Promulgated June 21, 1988)
