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Legal Ethics (A Preweek Notes)

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LEGAL ETHICS Legal Ethics. The branch of moral science which treats of the duties which a lawyer owes to the court, his client, his colleagues in the profession and to the public. Purpose of Legal Ethics. What is legal is not necessary moral. Since there are acts that may be legal but are not necessarily moral. The purpose of legal ethics is to govern the ethical and moral behavior of lawyers. Importance of Legal Ethics. Legal ethics is important because a lawyer must maintain a high moral standard in performing his duties to his client, to the courts, to the legal profession and to the society. Lawyers occupy a great position in the society. Their acts must be regulated by high norms of standards in order that they might not be abused. A. Practice of law (Rule 138) Practice of law. The practice of law means any activity in or out of court which requires the application law, legal procedure, knowledge, training and experience. (Cayetano vs Monsod) Privilege. The practice of law is a privilege. It is limited to persons of good moral character and special qualifications that can be ascertained. (Dodge vs State) Profession, not business. The practice of law is a profession and not a trade because it is imbued with public interest. Unlike trade wherein the primordial concern is profits, in the practice of law, the effective administration of justice and public service is given utmost consideration. Earning a living is merely incidental to the practice of the profession. 2. Qualifications 3. Appearance of non-lawyers 1
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LEGAL ETHICS

Legal Ethics. The branch of moral science which treats of the duties which a lawyer owes to the court, his client, his colleagues in the profession and to the public.

Purpose of Legal Ethics. What is legal is not necessary moral. Since there are acts that may be legal but are not necessarily moral. The purpose of legal ethics is to govern the ethical and moral behavior of lawyers.

Importance of Legal Ethics. Legal ethics is important because a lawyer must maintain a high moral standard in performing his duties to his client, to the courts, to the legal profession and to the society. Lawyers occupy a great position in the society. Their acts must be regulated by high norms of standards in order that they might not be abused.

A. Practice of law (Rule 138)

Practice of law. The practice of law means any activity in or out of court which requires the application law, legal procedure, knowledge, training and experience. (Cayetano vs Monsod)

Privilege. The practice of law is a privilege. It is limited to persons of good moral character and special qualifications that can be ascertained. (Dodge vs State)

Profession, not business. The practice of law is a profession and not a trade because it is imbued with public interest. Unlike trade wherein the primordial concern is profits, in the practice of law, the effective administration of justice and public service is given utmost consideration. Earning a living is merely incidental to the practice of the profession.

2. Qualifications

3. Appearance of non-lawyers a) Law student practice (Rule 138-A). A law student may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school, provided such law student:

(1) has successfully completed his 3rd year of the regular four-year prescribed law curriculum;(2) is enrolled in a recognized law schools clinical legal education program approved by the Supreme Court;(3) the appearance of the law student shall be under the direct supervision and control of a member of the IBP duly accredited by the law school; and(4) all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervening attorney for and in behalf of the legal clinic.

b) Non-lawyers in courts c) Non-lawyers in administrative tribunals d) Proceedings where lawyers are prohibited from appearing

4. Sanctions for practice or appearance without authority a) Lawyers without authority b) Persons not lawyers

5. Public officials and practice of law a) Prohibition or disqualification of former government attorneys b) Public officials who cannot practice law or with restrictions

6. Lawyers authorized to represent the government

7. Lawyers oath

I, _________________________,do solemnly swear

that I will maintain allegianceto the Republic of the Philippines.I will support the Constitution and obey the lawsas well as the legal ordersof the duly constituted authorities therein;

I will do no falsehood,nor consent to the doing of any in court;I will not wittingly or willingly promote or sueany groundless, false or unlawful suit,nor give aid nor consent to the same;

I will delay no man for money or malice,and will conduct myself as lawyeraccording to the best of my knowledge and discretionwith all good fidelity as well to the courts as to my clients;and I impose upon myself this voluntary obligationwithout any mental reservationor purpose of evasion.

So help me God.

B. Duties and responsibilities of a lawyerSo-Le-Co-Clie

TO SOCIETY

Cannon 1. Respect for law and legal processes. A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and of legal processes. (uop)

Cannon 2. Efficient and convenient legal services. A lawyer shall make his legal services available in an efficient and convenient manner compatible with the independence, integrity and effectiveness of the profession. (mecciie)

Cannon 3. True, honest, fair, dignified and objective information on legal services. A lawyer in making known his legal services shall use only true, honest, fair, dignified and objective information or statement of facts. (muthfdo-is)

Cannon 4. Participation in the improvement and reforms in the legal system. 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. (pdl-isli)

Cannon 5. Participation in legal education program. A lawyer shall keep abreast of legal development, participate in the continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence. (kpsa)

TO THE LEGAL PROFESSION

Integrated Bar of the Philippines (Rule 138-A)

Membership and dues Cannon 7. Upholding the dignity and integrity of the profession. A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activities of the Integrated Bar. (uidsai)

Cannon 8. Courtesy, fairness and candor towards professional colleagues. A lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel. (ccfc-paho)

Cannon 9. No assistance in unauthorized practice of law. A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law. (ndaup)

TO THE COURTS

Cannon 10. Candor, fairness and good faith towards the courts. A lawyer owes candor, fairness and good faith to the court. (o-cfg)

Cannon 11. Respect for courts and judicial officers. A lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. (omri)

Cannon 12. Assistance in the speedy and efficient administration of justice. A lawyer shall exert every effort and consider it his duty to assist in the speedy and efficient administration of justice. (eee-cda-seaj)

Cannon 13. Reliance on the merits if his cause and avoidance of impropriety. 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 courts. (rmc-riti)

TO THE CLIENTS

Cannon 14. Availability of service without discrimination. A lawyer shall not refuse his services to the needy.

Rule 14.01. Services regardless of a persons status. A lawyer shall not decline to represent a person solely on account of the latters race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person.

Rule 14.02. Services as counsel de officio. A lawyer shall not decline except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid.

Rule 14.03. Valid grounds for refusal. A lawyer may not refuse to accept representation of an indigent client EXCEPT if:

(1) He is not in a position to carry out the work effectively or competently; or

(2) He labors under a conflict of interest between him and the prospective client or between a present client and the prospective client.

Cannon 15. Candor, fairness and loyalty to clients. A lawyer shall observe candor and fairness and loyalty in all his dealings and transactions with his clients.

Rule 15.01. Confidentiality Rule. A lawyer, in conferring with a prospective client, shall ascertain a soon as practicable whether the matter would involve a conflict with other client or his own interest, if so, shall forthwith inform the prospective client.

Rule 15.02. Privileged communications. A lawyer shall be bound by the rule on privilege communication in respect of matters disclosed to him by a prospective client.

Exception: (1) no lawyer-client relationship; and(2) matters revealed are matters concerning a crime that is planned to be committed.

Rule 15.03. Conflict of interest. A lawyer shall not represent conflicting interests except by written consent of all concerned given after a full disclosure of the facts.

Rule. 15.05. Candid and honest advice to clients. A lawyer when advising his client shall give a candid and honest opinion on the merits and probable results of the clients case, neither overstating nor understating the prospects of the case.

Rule 15.07. Compliance with laws. A lawyer shall impress upon his client compliance with the laws and the principles of fairness.

Rule 15.08. Concurrent practice of another profession. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear of his client whether he is acting as a lawyer or in another capacity. Cannon 16. Clients moneys and properties. A lawyer shall hold in trust all moneys and properties of his client that may come into his possession.

Rule 16.01. Fiduciary relationship. A lawyer shall account for all money or property collected or received for or from the client.

Rule 16.02. Co-mingling of funds. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him.

Rule 16.03. Delivery of funds. A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court.

Even if it were true that no attorney-client relationship existed between the parties, case law has it that an attorney may be removed, or otherwise disciplined, not only for malpractice and dishonesty in the profession, but also for the gross misconduct not connected with his professional duties, making him unfit for the office and unworthy of the privilege which his license and the law confer upon him. (Barcenas vs Alvero)

A lawyers failure to immediately account for and return the money when due and upon demand violated the trust reposed in him , demonstrated his lack of integrity and moral soundness, and warranted the imposition of disciplinary action.

The practice of law is not a right, but a privilege it is granted only to those of good moral character.

Rule 16.04. Borrowing or lending. A lawyer shall not borrow money from his client unless the clients interests are fully protected by the nature of the case or by independent service. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client. Cannon 17. Fidelity to clients cause. A lawyer owes fidelity to the cause his client and he shall be mindful of the trust and confidence reposed in him. Cannon 18. Competence and diligence. A lawyer shall serve his client with competence and diligence.Rule 18.01. Collaborating counsel. A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However, he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

Rule 18.02. Adequate preparation. A lawyer shall not handle any legal matter without adequate preparation.

Rule 18.03. Negligence. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.

Rule 18.04. Duty to apprise client. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the clients request for information.

Cannon 19. Representation with zeal within legal bounds. A lawyer shall represent his client with zeal within the bounds of law.Rule 19.01. Use of fair and honest means. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding.

Rule 19.02. Clients fraud. A lawyer who has received an information that his client has, in the course of representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client in accordance with the Rules of Court.

Rule 19.03. Procedure in handling the case. A lawyer shall not allow his client to dictate the procedure in handling the case.Cannon 20. Attorneys fees. A lawyer shall charge only fair and reasonable fess.

Rule 20.01. Acceptance fees. A lawyer shall be guided by the following factors in determining his fees:

(1) Time spent and the extent of the services rendered or required;(2) The novelty and difficulty of the questions involved;(3) The importance of the subject matter;(4) The skill demanded;(5) The probability of losing other employment as a result of acceptance of the proffered case;(6) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;(7) The amount involve in the controversy and the benefits resulting the client from the service;(8) The contingency or certainty of compensation;(9) The character of employment, whether occasional or established; and(10) The professional standing of the lawyer.

Rule 20.02. Contingency fee arrangements. A lawyer shall, in cases of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.

Rule 20.03. Fees. A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the clients.

Rule 20.04. Controversies with clients. A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action to prevent imposition, injustice or fraud.***

(i) Attorneys lien(ii) Concepts of attorneys fees : (a) Ordinary concept (b) Extraordinary concept

Cannon 21. Preservation of clients confidences. A lawyer shall preserve the confidence and secrets of is client even after the attorney-client relation is terminated.Rule 21.01. Prohibited disclosures and use. A lawyer shall not reveal the confidences or secrets of his client except:(1) When authorized by the client after acquainting him of the consequences of the disclosure.(2) When required by law;(3) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Rule 21.02. Disclosure, when allowed. A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, UNLESS the client with full knowledge of the circumstances consents thereto.

Regala vs. Sandiganbayan

General rule: A clients name is not confidential.Exceptions: (a) where a strong possibility exists that revealing a clients name would implicate that client in the very activity for which he sought the lawyers advice;(b) where disclosure would open the client to civil liability; and(c) where the governments lawyers have no case against an attorneys client unless by revealing the clients name, the said name would furnish the only link that would form the chain of testimony necessary to convict an individual of a crime.

Cannon 22. Withdrawal of services. A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.

Rule 22.01. Grounds for withdrawal. A lawyer may withdraw his services in any of the following cases:

(1) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;(2) When the client insist that the lawyer pursue conduct violative of these cannons and rules;(3) When his inability to work with co-counsel will not promote the best interest of the client;(4) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively;(5) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; and(6) When the lawyer is elected or appointed to public office.

C. Suspension, disbarment and discipline of lawyers (Rule 139-B, Rules of Court)

1. Nature and characteristics of disciplinary actions against lawyersa) Sui Generis.***

The general rule is that no investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges or failure of the complainant to prosecute the same unless the Supreme Court motu proprio or upon recommendation of the IBP Board of Governors determines that there is no compelling reason to continue with the proceedings.

An administrative investigation of a lawyer is sui generis, neither a civil nor criminal proceeding. An affidavit of desistance has no place in it. b) Prescription 2. Grounds 3. Proceedings 4. Discipline of Filipino lawyers practicing abroad

D. Readmission to the Bar

Lawyers who have been suspended. As much as the Court will not hesitate to discipline an erring lawyer, it should, at the same time, also ensure that a lawyer may NOT be deprived of the freedom and right to exercise his profession unreasonably.

Guidelines in the matter of the lifting of an order suspending a lawyer from the practice of law:

(1) After a finding that respondent lawyer must be suspended from the practice of law, the Court shall render a decision imposing the penalty;(2) Unless the Court explicitly states that the decision is immediately executory upon receipt thereof, respondent has 15 days within which to file a motion for reconsideration thereof. The denial of the motion shall render the decision final and executory;(3) Upon the expiration of the period of suspension, respondent shall file a Sworn Statement with the Court, through the Office of the Bar Confidant, stating therein that he or she has desisted from the practice of law and has not appeared in any court during the period of his or her suspension;(4) Copies of the Sworn Statement shall be furnished to the Local Chapter of the IBP and to the Executive Judge of the Courts where respondent has pending cases handled by him or her, and/or where he or she has appeared as counsel;(5) The Sworn Statement shall be considered as proof of respondents compliance with the order of suspension;(6) Any finding or report contrary to the statements made by the lawyer under oath shall be a ground for the imposition of a more severe punishment, or disbarment, as may be warranted.

2. Lawyers who have been disbarred 3. Lawyers who have been repatriated (Reacquisition of Philippine citizenship)(a)Updating and payment in full of the annual membership dues in the IBP;(b)Payment of the professional tax;(c)Completion of at least 36 credit hours of mandatory continuing legal education; and(d)Retaking of the lawyers oath.

E. Mandatory Continuing Legal Education

Purpose. Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they:(a) keep abreast with law and jurisprudence, (b) maintain ethics of the profession and (c) enhance the standards of the practice of law. (Bar Matter 850, Sec. 1)

2. Requirements 3. Compliance 4. Exemptions 5. Sanctions 6. Bar Matter 2012, Rule on Mandatory Legal Aid Service

F. Notarial Practice (A. M. No. 02-8-13-SC, as amended)

Qualifications of notary public. A notary public must be a lawyer.

Jurisdiction and term of office of notary public. A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under the Notarial Rules and Rules of Court

Powers and limitations.(a) A notary public I empowered to perform the following notarial acts:(1) Acknowledgments;(2) Oath and affirmations;(3) Jurats;(4) Signature witnessing;(5) Copy certifications; and(6) any other act authorized by the Notarial Rules.

(b) A notary public authorized to certify the affixing of signature by thumb or other mark on an instrument or document presented before notarization if:

(1) The thumb or other mark is affixed in the presence of the notary public and two (2) disinterested and unaffected witnesses to the instrument or document;(2) Both witnesses sign their own names in addition to the thumb or other mark;(3) The notary public writes below the thumb or other mark:Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public;(4) The notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing.

(c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if:(1) The notary public is directed by the person unable to sign or make a mark to sign on his behalf;(2) The signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document;(3) Both witnesses sign their own names;(4) The notary public writes below his signature:Signature affixed by notary in presence of (names and addresses of person and two witnesses); (5) The notary public notarizes his signature by acknowledgment or jurat.

Notarial Register

Revocation of commission.

(a) The executive judge shall revoke a notarial commission for any ground on which an application for a commission may be denied.

(b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who:

(1) fails to keep a notarial register;(2) fails to make the proper entry or entries in his notarial register concerning his notarial acts;(3) fails to send the copy of the entries to the Executive Judge within the first 10 days of the month following;(4) fails to affix to acknowledgments the date of expiration of his commission;(5) fails to submit his notarial register, when filed to the Executive Judge;(6) fails to make his report within a reasonable time to the Executive Judge concerning the performance of his duties, as may be required by the judge;(7) fails to require the presence of a principal at the time of the notarial act;(8) fails to identify a principal on the basis of personal knowledge or competent evidence;(9) executes a false or incomplete certificate under Section 5, Rule IV;(10) knowingly performs or fails to perform any other act prohibited or mandated by the Notarial Rules; and(11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. Competent evidence of identity Sanctions A notary public may be liable criminally and administratively if he acknowledged a document when in fact the parties did not personally appear before him.II. JUDICIAL ETHICS

A. Sources

New Code of Judicial Conduct for the Philippine Judiciary ( Bangalore Draft)

The Bangalore Draft is intended to be the Universal Declaration of Judicial Standard applicable in all Judiciaries. Thus, there should be similar Code of Judicial Conduct for all courts through the world.

The Bangalore Draft is founded upon a universal declaration that:(1) a competent, independent and impartial Judiciary is essential if the courts are to fulfill their role in upholding Constitutionalism and the Rule of Law;(2) public confidence in the judicial system and in the moral authority and integrity of the Judiciary is of utmost importance in a modern democratic society; and(3) it is essential that judges, individually and collectively, respect and honor judicial office as a public trust, and strive to enhance and maintain confidence in the judicial system.

The Bangalore Draft is imperative not only to update and correlate the Code of Judicial and the Code of Judicial Ethics adopted for the Philippines, BUT, also to stress the Philippine solidarity with the universal clamor for a universal code of judicial ethics.

Code of Judicial Conduct

B. Qualities

Independence

(1) Judges shall exercise judicial functions independently.(2) In performing judicial duties, judges shall be independent from judicial colleagues.(3) Judges shall refrain from influencing the outcome of litigations and administrative cases.(4) Judges shall not allow family, social or other relationship to influence judicial conduct.(5) Judges shall be free from inappropriate connections and influence from the executive and legislative branches.(6) Judges shall be independent in relation to society.(7) Judges shall encourage and uphold safeguards for the discharge of judicial duties.(8) Judges shall exhibit and promote high standards of judicial conduct.

Integrity

(1) Judge shall ensure that not only their conduct above reproach but shall ensure that it is perceived to be so in the view of reasonable observer.***

(2) The behavior and conduct of judges must reaffirm the peoples faith in the integrity of the judiciary. Justice must not merely be done, but must also be seen to be done.

(3) Judges should take or initiate disciplinary measures against lawyers or court personnel for any unprofessional conduct of which the judge may have become aware.

Impartiality

(1) Judges shall duties without favor, bias or prejudice.

(2) Judges shall ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and the litigants in the impartiality of the judge and of the judiciary.

(3) Judges shall, so far as is reasonable, so conduct themselves as to minimize occasions on which it will become necessary for them to be disqualified from hearing or deciding a case.

(4) Judges shall not comment on a proceeding before them nor make any comment in public or otherwise that might affect the fair trial or any person or issue.

(5) Judges must disqualify themselves when there exist grounds for compulsory disqualifications.

Grounds for compulsory inhibition of a judge:

(a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceeding;

(b) The judge previously served as a lawyer or was a material witness in the matter in controversy;

(c) The judge or a member of his or her family, has an economic interest in the outcome of the matter in controversy.

(d) The judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was material witness therein.

(e) The judges ruling in a lower court is the subject of review.

(f) The judge is related by consanguinity or affinity to a party litigant within the sixth (6th) civil degree or to counsel within the fourth civil degree.

(g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary or otherwise, in the subject matter in controversy or in a party to a proceeding or any other interest that could substantially affected by the outcome of the proceeding.

Propriety

Equality Judges shall not in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds.

Competence and diligence (1) Judicial duties take precedence over all other activities.(2) Devote professional activity to judicial duties.(3) Take reasonable steps to maintain and enhance their knowledge, skills and personal qualities necessary for the proper performance of judicial duties.(4) Keep informed about relevant developments in international law.(5) Perform all judicial duties efficiently, fairly and with reasonable promptness.(6) Maintain order and decorum in all proceedings, be patient, dignified and courteous to all with whom the judge deals in an official capacity.(7) Not to engage in conduct incompatible with diligent discharge of judicial duties.

C. Discipline of members of the Judiciary 1. Members of the Supreme Court a) Impeachment b) Ethical Lessons from Former Chief Justice Coronas Impeachment

2. Lower court judges and justices of the Court of Appeals and Sandiganbayan (Rule 140) 3. Grounds 4. Impeachment (ethical aspects) 5. Sanctions imposed by the Supreme Court on erring members of the Judiciary

D. Disqualification of Justices and Judges (Rule 137)1. Compulsory 2. Voluntary

E. Powers and Duties of Courts and Judicial Officers (Rule 135)F. Court Records and General Duties of Clerks and Stenographer (Rule 136)

LEGAL ETHICS

A quo. A reference to the previous court or tribunal from where a case or matter originated. Thus, the term court a quo in appealed cases refers to a lower court whose decision is under review.

Advance Sheet. A promulgated decision of the court which is made available in a form prior to printing or publication.

Advocate. A person who champions the cause of another in a court of law. It usually refers to a legal counsel or attorney-at-law.

Affidavit. An ex-parte statement in writing made under oath before a notary public or other officer authorized to administer oaths, about facts which the affiant either knows of his own personal knowledge or is aware of to the best of his knowledge.

Ambulance Chasing. The unethical practice of inducing personal injury victims to bring suits. The practice of lawyers in frequenting hospitals and homes of the injured in order to convince them to go to court. It is disreputable to:

(1) Hunt up defects in titles or other causes of action and information thereof in order to be employed to bring suit or collect judgment.

(2) Breed litigations by seeking out those with claims for personal injuries or those having any other grounds of action in order to secure them as clients.

(3) Pay or reward directly or indirectly, those who bring or influence the bringing of such cases to his office;

(4) To remunerate policemen, court or prison officials, physicians, hospitals attaches, or others who may succeed under guise of giving disinterested friendly advice, in influencing the criminal, the such and the injured, the ignorant or others, to seek is professional services. (Canon 28, Canons of Professional Ethics)

Amicus Curiae. A friend of the court whose legal learning or expertise is judicially sought to advise on matters of which a judge may be doubtful or in need of special assistance.

Bangalore Draft. The draft agreed to by world jurists in a judicial conference held in Bangalore, India, and adopted as the model by the Supreme Court of the Philippines in promulgating the New Code of Judicial Conduct for the Philippine Judiciary and the Code of Conduct for Court Personnel, both of which took effect on June 1, 2004.

Bar. The collective reference to the profession of law comprising all the lawyers who have been admitted to the bar, taken their oath, and whose names appear in the Roll of Attorneys.

Case at Bar. The case being tried by the trial court in the exercise of its jurisdiction.

Case at Bench. The case being heard before an appellate court.

Champertous Contract. An agreement that is deemed void being against public policy and professional legal ethics whereby a lawyer agrees to prosecute at his own expense the recovery of a thing or property for a litigant who agrees to share with him a portion of the thing or property thus recovered or won in the suit. It is akin to instigating a claimant to file suit with the lawyer advancing the cost of suit in return for a substantial fee if successful.

Conclusiveness of Judgment. A doctrine stating that a fact or question which was an issue in a former suit and that was judicially passed upon and determined by a court of competent jurisdiction is conclusively settled by the judgment therein as far as the parties to that action and persons in privity with them are concerned, and CANNOT again be litigated in any future action between such parties or their privies in the same court or any other court of concurrent jurisdiction on either the same or different cause of action, while the judgment remains unreversed by proper authority. (Cayana vs CA)

Conduct unbecoming. A term that is applied to a broad range of transgressions of rules not only of social behavior but of ethical practice or logical procedure or prescribed method.

Consent Judgment. A compromise agreement between the parties to end further litigation by having a court of competent jurisdiction approve the compromise as having the same force and effect as a judgment by the court. Thus, once approved, it has the force of res judicata with respect to the contentious issues in the case. Such judgment, as a rule, is immediately executory. (Del Rosario vs Madayag)

Contempt of Court. It is a defense of the authority, justice or dignity of the court such conduct as tends to bring the authority and administration of the law into disrespect of, to interfere with, or prejudice parties litigant or their witnesses during litigation. It signifies not only a willful disregard or disobedience to the courts order but such conduct which tends to bring the authority of the court and the administration of law into disrepute or in some manner to impede the administration of justice. (Halili vs CIR)

Contigent Fee Agreement. A no recovery, no fee agreement between a lawyer and a client.

Costs of Suit. In law, they comprise the fees and indemnities in the course of judicial proceedings whether fixed or unalterable amounts previously determined by law or regulations in force, including those amounts which are not subject to schedule.

Counsel de Officio. A lawyer appointed by the court to render free legal assistance to an indigent litigant who cannot afford to pay for legal representation. It is in pursuance of the mandate under Sec. 11, Article III of the Constitution which states: Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.

Custodia Legis. A latin phrase which means in the custody of law that is, in the lawful and physical possession of a court of public officer obedience to a judicial or administrative authority.

De Minimis. A latin adjective for describing something that is too insignificant or trifling for the courts to bother with.

Disbarment. The act of the Court in withdrawing from an attorney the right to practice law. The purpose is to determine whether a lawyer still deserves to remain as member of the bar.

Dissenting Opinion. A separate opinion written by an appellate justice who differs from the opinion of the majority in deciding a case.

Ex Oficio. The right or privilege of participating in an activity or the holding of another position by virtue of ones office.

Gross Ignorance of the Law. It is the failure to follow the basic commands embodied in the law and the Rules of Court from which no one is excused, surely not a lawyer or a judge. (Fr. Guillen vs Judge Canon)

Hurried Justice. Such promptness as is NOT sobered with prudence and wisdom in final disposition of cases frequently resulting in speedy justice.

Indigent Litigant. Also referred to as pauper litigant, he is a person who is exempt from the payment of legal fees. To qualify, his gross income (including the gross income of his immediate family) should be not exceed an amount that is double the monthly minimum wage of an employee and who does not own real property with a fair market value of more than P300,000.00 as stated in his current tax declarations. (Sec.18, Rule.141)

Judges Family. Under the New Judicial Conduct, a judges family includes his spouse and children, as well as children-in-law, and any other relative by consanguinity or affinity within sixth (6th) civil degree, or person who is a companion or employee of the judge and who lives in the judges household.

Judgment. An adjudication by the court that the accused is guilty or is not guilty of the offense charged, and the imposition of the proper penalty and civil liability provided for by law on the accused. It is usually the dispositive portion of the decision, but may be used interchangeably with the term decision itself. (Sec.1, Rule 120)

Judicial and Bar Council. A constitutionally created body attached to the Supreme Court whose principal function is to recommend to the President who to appoint as justices and judges. It is composed of the Chief Justice as ex officio chairman, the Secretary of Justice and a representative of Congress as ex officio members, a representative of the Integrated Bar of the Philippines, a professor of law, a retired justice of the Supreme Court, and a representative of the private sector. (Sec. 8 Article VIII, Constitution)

Judicial Power. The all powerful authority of the judiciary, as a co-equal and independent branch of government, derived from Sec. 1, Article VIII of the Constitution which states:

Judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law. Judicial power includes the duty of the courts:

(1) to settle actual controversies involving rights which are legally demandable and enforceable; and

(2) to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the government.

Judicial Review. The underlying power of the courts to scrutinize the acts of the Executive and Legislative branches of the government, as well as administrative agencies exercising quasi-judicial authority on questions of law and jurisdiction, as well as their exercise of discretion.

Jurat. The bottom line in a legal document, usually an affidavit, which bears the notary publics signature and seal attesting to the fact that the person who had the document prepared swore to and signed it in the presence of the notary public.

Juris Consult. A lawyer who is recognize as an expert in a specialized branch f the law. A juris consult is an existing position in the judiciary under Sharia law in our country.

Justice. A title reserved by law and Curt rules in reference to incumbent and retired members of the Supreme Court, Court of Appeals, Sandiganbayan, and the Curt of Tax Appeals only. It may not be used by other officials from whichever branch of the government even if said officials are given the rank of justice.

Law Student Practice Rule. Rule 138-A allows a law student who has completed the third year of the law course to appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board of officers under the following conditions:

(1) he is enrolled in a recognized law schools clinical law education program approved by the SC;

(2) he appears under the direct supervision and control of member of the Integrated Bar of the Philippines duly accredited by the law school:

(3) the pleadings, briefs, memoranda are signed by the supervising attorney.

Legal Ethics. The branch of moral science which treats of the duties which a lawyers owes to the court, his client, his colleagues in the profession and to the public.

Liberty and Prosperity Doctrine. A judicial philosophy espoused by Chief Justice Artemio V. Panganiban which advances the view that in cases involving liberty, the scales of justice should weigh heavily against the government and in favor of the poor, the oppressed, the marginalized, the dispossessed, and the weak; but in conflicts primarily concerned with economic policies, courts must be deferential to the political branches of government, namely, the Presidency and Congress; hence, as a rule, courts will not pass upon the merits or wisdom of economic policies, for these matters have been left by the people to the President and Congress to evaluate and decide. (Bayan Muna vs Ermita)

Litigation. A lawsuit that is a legal proceeding to seek redress in a court of law.

Litis Pendentia. A doctrine against multiplicity of suits such that the latter action is dismissed upon a plea of an already pending action in court on the same subject matter involving the same parties who pray for relief founded on the same set f facts. (Suntay vs Aguiluz)

Malpractice. The failure of a lawyer to exercise on behalf of his client, the knowledge, skill and ability ordinarily possessed by members of the Bar whereby an actual loss is caused the client.

Mediation. It is a voluntary process of resolving disputes where the parties to a pending case submit their dispute to a neutral third party who works with them to reach a settlement of their controversy. The mediator acts as a facilitator for the parties to arrive at a mutually acceptable arrangement which will be the basis for the court to render judgment based on a compromise.

Mittimus. The final process for carrying into effect the decision of an appellate court, and the transmittal thereof to the court of origin is predicated upon the finality of judgment.

Motion. Every application for an order not included in a judgment is a motion

Moot and Academic. In judicial parlance, an issue is said to have become moot and academic when it ceases to present a justiciable controversy so that a declaration on the issue would be of no practical use or value. (Banco Filipino vs Tuazon)

Moral Turpitude. An act of baseness, vileness or depravity in the private and social duties which a man owes his fellow men, or to society in general, contrary to the accepted and customary rule of right and duty between man and man, or conduct contrary to justice, honesty, modesty or good morals. (Tak Ng vs Republic)

Notary Public. A public officer whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of the facts therein stated, and who is authorized by statute to administer various oaths.

Notatu Dignum. A latin term which refers to the presumption of regularity in the performance of a judges functions, hence, bias, prejudice and even undue interest CANNOT be presumed, especially when weighed against a judges sacred obligation under his oath of office to administer justice without respect to any person and do equal right to the poor and the rich. (MMF vs Pizarro)

Obiter Dictum. A latin term which refer to an averment, assertion, or observation stated as an aside or a by the way, or said in passing by a court that is not necessary in deciding the question or resolving the issues before the court.

Pairing Judge. A judge who is designated to cover for another judge in the latters court or sala in the event of one of the others absence due to resignation, dismissal, retirement, death, suspension, or prolonged absence. He takes cognizance of all cases in the paired sala as acting judge therein until the return of the regular incumbent judge or assumption of duty of a new judge.

Per Curiam. In judicial parlance, a decision of the court acting unanimously, usually with no dissent. The ponente or writer of such decision is usually not identified.

Pleadings. Written allegations of the parties claims and defenses submitted to Courts for trial and judgment.

Practice of law. Any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Teaching of law courses is classified as such. (Cayetano vs Monsod)

Principle of Res Ipsa Loquitor. The thing speaks for itself. Thus, a judge may validly dismissed even without formal investigation if his liability is unquestionable and clear according to the records.

Pro Bono. A latin term which means for the public good. It usually refers to a lawyers services which are extended for free, usually for a good cause or for an indigent litigant.

Pro Se. A latin term which denotes on his behalf. It is usually used in connection with the representation of ones self in a court of law without the assistance of an attorney.

Quantum Meruit. Literally, it means as much as he deserves. In determining attorneys fess, it means that the attorney will be paid for his services as much as he should deserve, when the services are prematurely terminated by the act of either of the parties, or by reason of death, disability or operation of law considering:

(1) the importance of the subject matter of the controversy;(2) the extent of services rendered; and(3) the professional standing of the lawyer.

Recusal. A term which refers to the process in which a judge may inhibit or disqualify himself from hearing a case where his objectivity or impartiality may be called into question because of self-interest, bias or prejudice, on the obligation of either party or on his own volition. It is also called recusation

Retainer. It is the act of a client by which he employs an attorney to manage for him a cause to which he is a party or otherwise to advise him as counsel.

Roll of Attorneys. A register of all lawyers admitted to the bar which is maintained in the Bar Confidant of the Philippines.

Ruling. A judicial or administrative interpretation or resolution of an issue is a case arising out of a statute, order, regulation or ordinance, or other transaction which is embodied in the dispositive portion of a decision or judgment of the court.

Sin Perjuicio Judgment. A judgment without a statement of fats in support of its conclusion to be later supplemented by the final judgment. Its validity is questionable. (Dizon vs Lopez)

Subjudice. A legal principle expressed in latin which means that a certain matter is under judicial or court consideration whose result or consequence is still undetermined and, therefore may NOT be an appropriate subject to comment on publicly as to its possible outcome. Any such comment may subject the commentator to contempt of court.

Suit in Assumpsit. The action filed by a lawyer against his client for collection of attorneys fees.

Suspension. It is the act of the Court in prohibiting an attorney from practicing the law for a certain definite period.

Substantial Evidence. Quantity of relevant evidence which a reasonable mind might accept as adequate to establish a fact or justify a conclusion. In other words, it means such evidence which can affords a substantial basis from which the fact in issue can be reasonably inferred. (Ang Tibay vs CIR)

Traverse. A form of pleading which amounts to denial of a factual matter alleged in the opposing partys pleading.

Verification. An affirmation under oath by the party making the pleading that he is prepared to establish the truthfulness of the facts which he has pleaded based on his own personal knowledge.

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