PALE Master Copy

Audris B. Bulatao Problem Areas in Legal Ethics3F Atty. Rene V. Sarmiento

Introduction to Legal Ethics1. Director of Religious Affairs vs. Bayot

Law is a profession and not a trade. The most worth and effective advertisement possible is the establishment of a well-merited reputation. This cannot be forced but must be the outcome of character and conduct

2. Ledesma vs. Climaco A lawyer may be required to act as counsel de oficio. The fact that his services are rendered without remuneration should not occasion a diminution in his zeal.

3. Cui vs. Cui The term "titulo de abogado" means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto, qualifying one for the practice of law. The English equivalent of "abogado" is lawyer or attorney-at-law.

4. Villegas vs, Legaspi The possible influence of an Assemblyman on a signed Judge of the Court of First Instance, though not entirely removed, is definitely diminished where the latter Court acts in the exercise of its appellate.

5. Enriquez vs. Gimenez The Provincial Fiscal is the legal adviser of the mayor and counsel of the various municipalities of a province and it is his duty to represent the municipality in any court except when he is disqualified by law. When he is disqualified to represent the municipality, the municipal council may engage the

services of a special attorney.

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6. Salcedo vs. Hernandez It is the duty of the lawyer to maintain towards the courts a respectful attitude, not for the sake of the temporary incumbent of the judicial office, but for the maintenance of its importance. Judges, not being wholly free to defend themselves, are peculiarly entitled to receive the support of the bar against unjust criticism and clamor.

7. Alawi vs. Alauya As regards Alauya’s use of the title of “Attorney”, the court has already had the occasion to declare that persons who pass the Shari’a Bar are not full- fledged members of the Philippine Bar, hence may only practice law before Shari’a courts.

8. Pangan vs. Ramos The attorney's roll or register is the official record containing the names and signatures of those who are authorized to practice law. A lawyer is not authorized to use a name other than the one inscribed in the Roll of Attorneys in his practice of law.

9. Philippine Lawyer’s Association vs. Agrava

The Court held that under the present law, members of the Philippine Bar authorized by this Tribunal to practice law, and in good standing, may practice their profession before the Patent Office, for the reason that much of the business in said office involves the interpretation and determination of the scope and application of the Patent Law and other laws applicable.

10. Li vs. Bonifacio A lawyer may be disbarred for "grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude". A member

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of the bar should have moral integrity in addition to professional probity.

11. Deles vs. Aragona Statement made in the course of judicial proceedings are absolutely privileged that is, privileged regardless of defamatory tenor and of the presence of malice if the same are relevant, pertinent or material to the cause in hand or subject of the inquiry.

12. Blanza vs. Arcangel A lawyer has a more dynamic and positive role in the community than merely complying with the minimal technicalities of the statute. As a man of law, he is necessarily a leader of the community, looked up to as a model citizen.

13. Zoreta vs. Simpliciano A lawyer has the privilege and right to practice law only during good behavior and can only be deprived of it for misconduct ascertained and declared by judgment of the court after opportunity to be heard has been afforded him.

14. A-1 Financial Services vs.Valerio Atty. Valerios conduct in the course of the IBP and court proceedings is also a matter of serious concern. She failed to answer the complaint against her. Despite due notice, she failed to attend the disciplinary hearings. Clearly, this conduct runs counter to the precepts of the Code of Professional Responsibility and violates the lawyers oath which imposes upon every member of the Bar the duty to delay no man for money or malice.

Case 15: 2003 Bar Examinations By transmitting and distributing the stolen test questions to some

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members of the Beta Sigma Lambda Fraternity, De Guzman was guilty of grave misconduct unbecoming a member of the Bar. He violated the law instead of promoting respect for it and degraded the noble profession of law instead of upholding its dignity and integrity.

Admission to Practice1. In re: Lanuevo It is patent from the records that

Lanuevo took undue advantage of the trust and confidence reposed in

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him by the Court and the Examiners implicit in his position as Bar Confidant as well as the trust and confidence that prevailed in and characterized his relationship with the five members of the 1971 Bar Examination Committee

2. First Lepanto Ceramics, Inc. vs. CA Art 82 of EO 226, which provides for increasing the appellate jurisdiction of the SC, is invalid and therefore never became effective for the concurrence of the Court was no sought in its enactment.

3. In re: Cunanan The law is an encroachment on the Court’s primary prerogative to determine who may be admitted to practice law and, therefore, in excess of its legislative power to repeal, alter and supplement the rules on admission to the Bar.

4. Kuroda vs. Jalandoni Military Commission is a special military tribunal governed by a special law and not by the Rules of Court, which govern ordinary civil court. There is nothing in said EO 68 which requires that counsel appearing before said commission must be attorneys qualified to practice law in the Philippines in accordance with the Rules of Court.

5. Omico Mining & Industrial Corp. vs. Vallejos

The contract of professional services entered into between the parties, while Catolico was still a judge, constituted private practice of law and in contravention of the express provision of Section 35 of Rule 138 of the Revised Rules of Court.

6. People vs. Villanueva Practice is more than an isolated appearance, for it consists in frequent or customary actions, a

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succession of acts of the same kind.

7. Dia-Anonuevo vs. Bercasio Section 77 of the Judiciary Act of 1948: All provisions relative to the observance of office hours and the holding of sessions applicable to courts of first instance shall likewise apply to municipal judges, but the latter may, after office hours and with the permission of the district judge concerned, engage in teaching or other vocation not involving the practice of law.

8. De Guzman vs. Visayan Rapid Transit Co.

Section 29 of the Code of Civil Procedure provides that "a lawyer shall be entitled to have and recover from his client no more than a reasonable compensation for the services rendered, with a view to the importance of the subject matter of the controversy, to the extent of the services rendered, and the professional standing of the lawyer.

9. Cayetano vs. Monsod The practice of law is not limited to the conduct of cases or litigation in court. It embraces the preparation of pleadings and other papers incident to actions and special proceedings, the management of such actions and proceedings on behalf of clients, and other works where the work done involves the determination of the

trained legal mind of the legal effect of facts and conditions

10. In re: Edillon Bar integration does not compel the lawyer to associate with anyone. The only compulsion to which he is subjected is the payment of annual dues. The Supreme Court, in order to further the State's legitimate interest

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in elevating the quality of professional legal services.

11. Tejan vs. Cusi The court may therefore act upon its own motion and thus be the initiator of the proceedings, because, obviously the court may investigate into the conduct of its own officers.

12. Alcala vs. Vera The disbarment of an attorney is not intended as a punishment, but is rather intended to protect the administration of justice.

13. Cantimbuhan vs. Cruz A non-member of the Philippine Bar — a party to an action is authorized to appear in court and conduct his own case; and, in the inferior courts, the litigant may be aided by a friend or agent or by an attorney.

14. Hydro Resources Contractors, Corp. vs. Pagalilauan

A lawyer, like any other professional, may very well be an employee of a private corporation or even of the government. This Court has consistently ruled that the determination of whether or not there is an employer-employee relation depends upon four standards .

15. Ramos vs. Rada Rada has violated the civil service rule prohibiting government

employees from engaging directly in a private business, vocation or profession or being connected with any commercial, credit, agricultural or industrial undertaking without a written permission from the head of the Department.

16. Beltran vs. Abad The two essential requisites for becoming a lawyer still had to be performed, namely: his lawyer's oath

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to be administered by this Court and his signature in the Roll of Attorneys.

17. Bacarro vs. Pinatacan One of the indispensable requisites for admission to the Philippine Bar is that the applicant must be of good moral character. As a man of law, (a lawyer) is necessary a leader of the community, looked up to as a model citizen"

18. Diao vs. Martinez Passing such examinations is not the only qualification to become an attorney-at-law; taking the prescribed courses of legal study in the regular manner is equally essential.

19. In re: Argosino The lawyer's oath is not a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he makes when taking the lawyer's oath.

20. Collantes vs. Renomeron Just as the Code of Conduct and Ethical Standards for Public Officials, the Code of Professional Responsibility forbids a lawyer to engage in unlawful, dishonest, immoral or deceitful conduct or delay

any man's cause "for any corrupt motive or interest" (Rule 103).

21. Campos vs. Campos Simple misconduct is a transgression of some established rule of action, an unlawful behavior or negligence committed by a public officer. A judge must pay a high price for the honor bestowed upon him.

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Lawyer’s Duty to Society1. Montecillo vs. Gica It is the duty of the lawyer to

maintain towards the courts a respectful attitude. It is also his duty to uphold the dignity and authority of the court, to which he owes fidelity.

2. In re: Gutierrez The practice of law is a privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness.

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3. Oronce vs. CA The contumacious acts of entering the Gilmore property without the consent of its occupants and in contravention of the existing writ of preliminary injunction issued by the CA and making utterances showing disrespect for the law and this Court, are certainly unbecoming of a member of the Philippine Bar.

4. De Ysasi III vs. NLRC The useful function of a lawyer is not only to conduct litigation but to avoid it whenever possible by advising settlement or withholding suit. He should be a mediator for concord and a conciliator for compromise, rather than a virtuoso of technicality in the conduct of litigation.

5. Pajares vs. Abad Santos Had Pajares been but prudently advised by her counsel to confess judgment and ask from her creditor the reasonable time she needed to discharge her lawful indebtedness, the expenses of litigation that she has incurred would have been much more than sufficient to pay off her just debt to Udharam Bazar & Co.

6. People vs. Rosqueta It is not enough that a lawyer prepares the papers; he must see to it that they are duly mailed. Such inattention as shown in this case is inexcusable.

7. De Roy vs. CA It is the bounden duty of counsel as lawyer in active law practice to keep abreast of decisions of the SC particularly where issues have been clarified, consistently reiterated, and published in the advance reports of Supreme Court decisions (G.R.s) and in such publications as the SCRA and law journals.

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8. Far Eastern Shipping Co. vs. CA As between the lawyer and the courts, a lawyer owes candor, fairness and good faith to the court. Candidness, especially towards the courts, is essential for the expeditious administration of justice. A lawyer is obliged to observe the rules of procedure and not to misuse them to defeat the ends of justice.

9. Jose vs. CA A prosecuting officer, as the representative of a sovereignty whose obligation and interest in a criminal prosecution is not that it shall win a case but that justice shall be done, has the solemn responsibility to assure the public that while guilt shall not escape, innocence shall not suffer.

10. People vs. Pineda The question of instituting a criminal charge is one addressed to the sound discretion of the investigating Fiscal. The Fiscal’s discretion should not be controlled.

11. People vs. Madera The prosecutor's finest hour is not when he wins a case with the conviction of the accused. For indeed, his noble task is to prosecute only the guilty and to protect the innocent.

12. Tan vs. Gallardo Although the private prosecutors may be permitted to intervene, they are not in control of the case, and their interests are subordinate to those of the People of the Philippines represented by the fiscal.

13. People vs. Sendaydiego There was substantial compliance with the rule that the criminal action should be “prosecuted under the direction and control of the fiscal"

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and that “the provincial fiscal shall represent the province" in any court.

14. Misamin vs. San Juan The law does not prohibit such isolated exercise of his profession. Appearance as counsel, while holding a government position, is not among the grounds provided by the Rules of Court for the suspension or removal of attorneys.

15. PCGG vs. Sandiganbayan Adverse-interest conflicts exist where the matter in which the former government lawyer represents a client in private practice is substantially related to a matter that the lawyer dealt with while employed by the government and the interests of the current and former are adverse; and (2) congruent-interest representation conflicts which are unique to government lawyers and apply primarily to former government lawyers.

Lawyer’s Duties to the Legal Profession

1. Rivera vs. Angeles

The Supreme Court repeatedly stressed the importance of integrity and good moral character as part of lawyer’s equipment in the practice of this profession. Respect of litigants in the profession is inexorably diminished whenever a member of the bar betrays their trust and confidence.

2. Ducat vs. Villalon

In violation of Canon 7 of CPR which mandates that a lawyer shall at all times uphold the integrity and dignity of the legal profession.

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3. Tan vs. Sabandal

Sabandal’s defense that the Code of Professional ethics does not apply to him as he is not yet a member of the bar proves him unfit to be admitted to the same. He could at least have shown his fitness for admission by showing adherence to and observance of the standard of conduct required by all who aspire to profess the law.

4. In re: Parazo

The Supreme Court itself which overall supervision and control over the exams, would share the suspicion, as a result of which the confidence of the people in the High Tribunal might be affected and shaken. The case clearly falls within the meaning of the phrase “interest of the state”. Thus, Parazo has the duty to disclose his sources.

5. Pangan vs. Ramos

In violation of Par. 29 of Canons of Judicial Ethics: “The lawyer should aid in guarding the Bar against the admission to the profession of candidates unfit or unqualified because deficient in either moral character and education. He should strive at all times to uphold the honor and to maintain the dignity of the profession and to improve not only the law but also administration of justice.”

6. In re: Gutierrez

The pardon granted to the respondent here is not absolute but conditional and merely remitted the unexecuted portion of his term. It does not reach the offense itself.

7. Narido vs. Linsangan Mutual bickering and unjustifiable recriminations, between brother attorneys detract from the dignity of

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the legal profession and will not receive any sympathy from the court.

8. Laput vs. Remotigue

A pleading discharging Atty. Laput was filed in court before respondent entered his appearance. And with respect to the revocation of SPA, the same is not prompted by malice or intended to hurt petitioner’s feelings but purely to safeguard the interest of administatrix.

9. Camacho vs. Pangulayan

"A lawyer should not in any way communicate upon the subject of controversy with a party represented by counsel, much less should he undertake to negotiate or compromise the matter with him, but should only deal with his counsel.

10. Robinson vs. Villafuerte

There are no legal provisions authorizing a private person to intervene at the hearing of a suit even though he be a clerk for the attorneys of one of the litigant, if he does not possess the qualifications of a practicing attorney and is not one of the interested parties.

11. Tan Tek Beng vs. David

Malpractice is the practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers (sec. 27, Rule 138, ROC). Malpractice refers to any malfeasance or dereliction of duty committed by a lawyer.

12. Dir. of Religious Affairs vs. BayotIt is highly unethical for an attorney to advertise his talents or skill as a merchant advertises his wares.

13. Ulep vs. Legal Clinic A lawyer in making known his legal services shall use only true, honest, dignified and objective information or statement of facts. He is not

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supposed to use any false, fraudulent, misleading, deceptive, undignified, self-laudatory or unfair statement or claim regarding his qualification or services.

14. In re: Sycip

A partnership for the practice of law is not a legal entity. It is not a partnership formed to carry on trade or business of holding property. The use of a nom de plume, assume or trade name in law practice is improper.

Lawyer’s Duties to the Courts

1. City Sheriff, Iligan City vs. Fortunado

It is the duty of the lawyer to inform the trial court of the death of petitioner, a duty mandated by Section 16, Rule 3 of the Revised Rules of Court s and to inform this Court of his change of address which accounts for his failure to comment on the manifestation of respondents.

2. Occena vs. Marquez

The conduct of the lawyer before the court and with other lawyers should be characterized by candor and fairness. It is neither candid nor fair for a lawyer to knowingly make false allegations in a judicial pleading.

3. Chavez vs. Viola Viola alleged in an earlier pleading that his clients were merely lessees of the property involved. In his later pleading, he stated that the very

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same clients were owners of the same property. One of these pleadings must have been false; it matters not which one.

4. Chan Kian vs. Angsin

The Court notes with regret that had the counsels, as officers of the courts, faithfully complied with their duty to deal with the courts in truth and candor, the case would then have been disposed of and need not have been certified to this Court.

5. Casals vs. Cusi

His unsatisfactory explanation evinces a willful disregard of his solemn duty as an attorney to employ in the conduct of a case "such means only as are consistent

with truth and honor, and never seek to mislead" the courts.

6. COMELEC vs. Noynoy

If Atty. Balbuena was diligent enough, he would have known that the correct name of the complainant in the case referred to is neither Alberto Naldeza but ALBERTO NALDOZA., and in in volume 254 of the SCRA not volume 245.

7. Montecillo vs. Gica

It is his duty to uphold the dignity and authority of the court to which he owes fidelity, according to the oath he has taken. Respect for the courts guarantees the stability of our democratic institutions which, without such respect, would be resting on a very shaky foundation.

8. Surigao Mineral Reservation Board vs. Cloribel

A lawyer is an officer of the courts; he is, like the court itself, an instrument or agency to advance the ends of justice. It is his sworn and moral duty to help build and not

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destroy unnecessarily that high esteem and regard towards the courts so essential to the proper administration of justice.

9. De Gracia vs. Warden of Makati

There was a lapse in judicial propriety by counsel who did not even take the trouble of appearing in Court. It suffices to call his attention to such failing by way of guidance for his future actuations as a member of the bar.

10. Buenaseda vs. Flavier

A lawyer should not be carried away in espousing his client's cause. The language of a lawyer, both oral and written, must be respectful and

restrained in keeping with the dignity of the legal profession

11. Santos vs. Cruz

The language "You can go to hell I don't care or where do you want to go Mr. Cano". This language of the Judge is unbecoming of a municipal judge and deserves administrative penalty.

12. People vs. Taneo

It is unfortunate that counsel for appellant has made hasty accusation against the trial court for the above pronouncement as taking a partial and biased position and having adopted its own biased interpretation of the physical evidence.

13. Urbina vs. Maceren

A lawyer owes fidelity to the courts as well as to his clients and that the filing on behalf of disgruntled litigants of unfounded or frivolous charges against inferior court judges and the use of offensive and intemperate language as a means of harassing judges.

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14. Castaneda vs. Ago

One shall not allow himself to become an instigator of controversy and a predator of conflict instead of amediator for concord and a conciliator for compromise.

15. Austria vs. Masaquel

While it may be conceded that in requesting the disqualification of a judge by reason of his relation with a party or counsel there is some implication of the probability of his being partial to one side, the request cannot constitute contempt of court if done honestly and in a respectful manner.

16. Martelino vs. Alejandro

Suspension of the court-martial proceedings is proper when there is the existence of "massive" and "prejudicial" publicity, or simply that the trial might be by the "barrage" of publicity.

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Nature and Creation of Attorney-Client Relationship

1.Regala v Sandiganbayan An attorney is more than a mere agent or servant because he possesses special powers of trust and confidence reposed on him by his client. There are instances where an attorney can validly decline to reveal the identity of his principal, i.e., where the client's name itself has an independent significance, such that disclosure would then reveal client confidences.

2. In re: Sycip In view of the personal and confidential nature of the relations between attorney and client, and the high standards demanded in the canons of professional ethics, no law firm should be allowed to use the name of a deceased partner, and no practice should be allowed which even in a remote degree could give rise to the possibility of deception.

3. Daroy v. Legaspi A member of the bar who converts the money of his client to his own benefit through false pretenses is guilty of deceit, malpractice and gross misconduct in his office of lawyer.

4. Hilado v. David To constitute an attorney-client

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relationship, it is not necessary that any retainer should have been paid, promised, or charged for; neither is it material that the attorney consulted did not afterward undertake the case about which the consultation was

had. If a person, in respect to his business affairs or troubles of any kind, consults with his attorney in his professional capacity with the view to obtaining professional advice or assistance, and the attorney voluntarily permits or acquiesces in such consultation, then the professional employment must be regarded as established.

5. Stone v. Bank of Commerce The authority of an attorney commences with his retainer. He cannot, while acting generally as an attorney for an estate or a corporation, accept service of process which commences the action without any authority so to do from his principal.

6. Guerrero v Hernando A lawyer is guilty of misconduct as a notary in making it appear in the jurat of a tenancy contract that affiant Tranquilino Bernardo exhibited to him a residence certificate when in fact he did not do so. Such misrepresentation is unquestionably censurable and justifies disciplinary action against the respondent as a member of the bar and as a notary public. The respondent violated the mandate in his attorney's oath to "obey the laws" and "do no falsehood".

7. Uy v. Gonzales There was no attorney-client relationship when the lawyer volunteered his service to hasten the issuance of the certificate of title of the land he has redeemed from complainant. The preparation and the proposed filing of the petition was only incidental to their personal transaction.

8. Rillaroza v. Eastern Telecommunications

In any case, whether there is an agreement or not, the courts shall fix

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a reasonable compensation which lawyers may receive for their professional services. " A lawyer would be entitled to receive what he merits for his services. Otherwise stated, the amount must be determined on a quantum meruit basis. "Quantum meruit, meaning 'as much as he deserved' is used as a basis for determining the lawyer's professional fees in the absence of a contract but recoverable by him from his client.

9. Government v. Wagner A person who is made an attorney-in-fact, with the same power and authority to deal with the property which the principals might or could have had if personally present, may adopt the usual legal means to accomplish the object, including acceptance of service and engaging of counsel to preserve the ownership and possession of the principal’s property.

10. Orbit Transportation Company v Workmen’s Compensation Commission

The cooperation of litigants and their attorneys is required so that needless clogging of the court dockets with unmeritorious cases may be avoided leaving the courts free to devote their time and attention to meritorious and truly contentious cases. In this, the attorney plays a major role of advising his client to refrain from seeking further appellate review and action in plainly untenable cases.

11. Ledesma v Climaco Membership in the bar is a privilege burdened with conditions. The law is a profession, not a trade or a craft. Those enrolled in its ranks are called upon to aid in the performance of one of the basic purposes of the

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State, the administration of justice. To avoid any frustration thereof, especially in the case of an indigent defendant, a lawyer may be required to act as counsel de oficio.

12. People v. Daeng A caution all courts against the frequent appointment of the same attorney as counsel de oficio, for two basic reasons: first, it is unfair to the attorney concerned, considering the burden of his regular practice that he should be saddled with too many de officio cases; and, second, the compensation provided might be considered by some lawyers as a regular source of income, something which the Rule does not envision.

13. Gonzales v. Chavez This Court clarified that even when "confronted with a situation where one government office takes an adverse position against another government agency, the Solicitor General should not refrain from performing his duty as the lawyer of the government. It is incumbent upon him to present to the court what he considers would legally uphold the best interest of the government although it may run counter to a client's position.

14. Oparel v Abaria An attorney should not invite loss of trust by inadvertence or even by a failure to use the simplest and most understandable language in communicating matters, more so when the client happens to be poor and unlettered. For he may lend himself to the suspicion that he is lacking in candor and may be taking undue advantage of his client for his own profit and advantage in any dealing with the adverse party.

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Lawyer's Duties in Handling Client's Cases

1. Santiago v. Fojas A lawyer has the right to decline employment, subject, however, to Canon 14 of the Code of Professional Responsibility. Once he agrees to take up the cause of a client, the lawyer owes fidelity to such cause and must always be mindful of the trust and confidence reposed in him.

2. Cantiller v. Potenciano A lawyer should exercise due diligence in protecting his client's interests. He has a duty to protect with utmost dedication the interest of his client and of the fidelity, trust and confidence which he owes his client.

3. Millare v. Montero Under Canon 19 of the Code of Professional Responsibility, a lawyer is required to represent his client "within the bounds of the law." The Code enjoins a lawyer to employ only fair and honest means to attain the lawful objectives of his client (Rule 19.01) and warns him not to allow his client to dictate the procedure in handling the case (Rule 19.03). In short, a lawyer is not a gun for hire.

4. Choa v. Chiongson As a Member of the Philippine Bar, a lawyer is bound: (1) by his oath, not to wittingly or willingly, promote or sue any groundless, false, or unlawful

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suit nor give aid nor consent to the same; (2) by Section 20(c), Rule 138 of the Rules of Court, to counsel or maintain such action or proceedings only as appear to him to

be just; and (3) to uphold the Code of Professional Responsibility.

5. Cosmos Foundry Shop Workers Union v. Lo Bu

A lawyer should remember that his obligation as an officer of the court, no less than the dignity of the profession, requires that he should not act like an errand-boy at the beck and call of his client, ready and eager to do his every bidding. If he fails to keep that admonition in mind, then he puts into serious question his good standing in the bar.

6. Gamalinda v. Alcantara A lawyer owes fidelity to the cause of his client and must be mindful of the trust and confidence reposed in him. He shall serve his client with competence and diligence, and his duty of entire devotion to his client's cause not only requires, but entitles him to employ every honorable means to secure for the client what is justly due him or to present every defense provided by law to enable the latter's cause to succeed

7. JP Juan & Sons, Inc. v. Lianga Industries, Inc.

Rule 7 of Rules of Court states that The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belief there is good ground to support it; and that it is not interposed for delay.

8. Azor v. Beltran Fairness to both parties compels the observation that the latter, as a member of the bar, is called upon to

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be much more careful and meticulous in examining the records of a case and noting every pleading, even if as

has happened in not a few cases, the papers are not kept in as orderly a manner as is both proper and desirable.

9. Visitacion v. Manit Atty. Garcia's unexplained failure to appear was unexcusable. He had no right to presume that the Court would grant his withdrawal. If he had then appeared and insisted on his withdrawal, the trial court could then have had the opportunity to order the appearance of defendants-appellants and verify from them the truth of his assertion that they had not "hired him to represent them."

10. De Roy v. CA There is no law requiring the publication of Supreme Court decisions in the Official Gazette before they can be binding and as a condition to their becoming effective. It is the bounden duty of counsel as lawyer in active law practice to keep abreast of decisions of the Supreme Court particularly where issues have been clarified, consistently reiterated, and published in the advance reports of Supreme Court decisions (G. R. s) and in such publications as the Supreme Court Reports Annotated (SCRA) and law journals.

11. Cuaresma v. Daquis Every member of the bar should realize that candor in the dealings with the Court is of the very essence of honorable membership in the profession.

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12. Vda. De Zubiri v. ZubiriA lawyer should not in any way communicate upon the subject of

controversy with a party represented by counsel; much less should he undertake to negotiate or compromise the matter with him, but should deal only with his counsel. It is incumbent upon the lawyer most particularly to avoid everything that may tend to mislead a party not represented by counsel and he should not undertake to advise him as to the law.

13. Deluao v. Casteel A lawyer should not assume that his motion would be granted. It is of no moment that the motion for postponement had the conformity of the appellees' counsel. The postponement of hearings does not depend upon agreement of the parties, but upon the court's discretion.

14. Heirs of Lorilla v. CA The failure of a lawyer to serve notice on the court and the adverse parties regarding his client's death binds herein petitioners as much as the client himself could be so bound. Jurisprudence teems with pronouncements that a client is bound by the conduct, negligence and mistakes of his counsel.

15. Avelino v. Palaña The Court find no sufficient justification to reverse the finding made by the Office of the Solicitor General to the effect that respondent "did not duly inform his client of the date of the trial scheduled for November 15, 1957" in spite of the fact that, according to the evidence, he had received notice of such

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hearing four days before.

16. Diman v. Alumbres A Judge was charged with the duty to assess the evidence to ascertain whether or not the facts and the law, the plaintiffs have shown no right to relief. It was in the first place incumbent on His Honor to hold the Heirs bound to their admissions appearing in the record, express and implied.

17. Saulog v. Custombuilt Manufacturing Corp.

Pursuant to Section 1, Rule 20 of the Rules of Court, both client and counsel must appear at the pre-trial. This is mandatory. Failure of the client to appear is ground for dismissal. If one representing his client — a corporation — was present, counsel could have easily left word for the former to tell the judge that he was suddenly summoned to his home. If the client were not present, then the case just the same would have been dismissed.

18. People v. Casimiro Under such circumstances, the least that was expected to the counsel was that he would inform this Tribunal of the developments set forth in his explanation and as that he be allowed to withdraw as counsel. Such a step he did not take until after the resolution requiring him to explain the failure to comply with his duty as officer of the Court.

19. People v. Nadera, Jr. Only faithful performance by counsel of his duty towards his client can give meaning and substance to the

accused's right to due process and to be presumed innocent until proven

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otherwise. Hence, a lawyer's duty, especially that of a defense counsel, must not be taken lightly. It must be performed with all the zeal and vigor at his command to protect and safeguard the accused's fundamental rights.

20. Nueno v. Santos A judge has violated his oath of office and of the lawyer's oath which states that “he would do no falsehood nor consent to the doing of any in court” when he induced an accused to plead guilty to an offense which he knows the latter did not commit.

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Lawyer’s Fiduciary Obligations

1. Angeles v. Uy, Jr. Lawyers must promptly account for money or property they receive on behalf of their clients. Failure to do so constitutes professional Misconduct and justifies the imposition of disciplinary sanctions.

2. Nakpil v. Valdez The test to determine whether there is a conflict of interest in the representation is probability, not certainty of conflict. Thus, a lawyer should determine his conduct by acting in a manner that would promote public confidence in the integrity of the legal profession.

3. Liwag v. Neri A lawyer has committed a breach of professional ethics when, contrary to the fact, he made his clients believe that he had already been sued in court and did not return the amount intended for the filing fee.

4. Diaz v. Kapunan As to Art. 1459 of the Civil Code, no. It provides that the following persons, naming them, "cannot take by purchase, even at a public or judicial auction, either in person or through the mediation of another."

5. Canlas v. CA It is true that lawyers are entitled to make a living, in spite of the fact that the practice of law is not a commercial enterprise; but that does not furnish an excuse for plain lust for material wealth, more so at the expense of another. Law advocacy,

we reiterate, is not capital that yields profits.

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6. Capulong v. AliñoApart from suggesting a misappropriation of funds held by him in trust for his clients and a breach of such trust, the foregoing acts and omissions indicate the high degree of irresponsibility of respondent herein and his unworthiness to continue as a member of the legal profession.

8. Penticostes v. Ibaez A lawyer does not shed his professional obligations upon assuming public office. In fact, his public office should make him more sensitive to his professional obligations because a lawyer’s disreputable conduct is more likely to be magnified in the public’s eye.

9. Daroy v. Legaspi - Lawyers are bound to promptly account for money or property received by them on behalf of their clients and failure to do so constitutes professional misconduct. The fact that a lawyer has a lien for fees on money in his hands collected for his clients does not relieve him from the duty of promptly accounting for the funds received.

10. Sotto v. Samson The prohibition contained in Article 1459 of the Civil Code shall include lawyers and solicitors with respect to any property rights involved in any litigation in which they may take part by virtue of their profession and office. Indeed, because of their client-attorney relationship, a lawyer probably unduly influences his client not only to sell the lot to him but also

to accept terms less favorable to him.

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11. Laig v. CA The malicious participation of RD Baldomero Lapak and his son Atty. Lapak is evident. Knowing of the existence in his records of the original of OCT, Baldomero Lapak effected the issuance of the second duplicate of OCT to Galero in just four (4) days, dispensing with the requirements of notice and hearing to interested parties.

For his malicious involvement, WE find Baldomero Lapak liable under the Land Registration Act for assisting in fraudulently procuring any certificate of title or owner's duplicate certificate.

12. Go Beltran v. Fernandez A lawyer is found guilty of malpractice for having purchased a property of his client involved in a pending litigation in which he appeared as counsel. He has accordingly violated article 1459 of the Civil Code, in breach of professional conduct.

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