CANON III Flashcards by PERINE AGRAVIADOR

Fidelity, as per dictionary definition

(1) Trustworthiness
(2) Keeping and maintaining your promises

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Fidelity, as per Canon III definition

Unique Judges Advocate with Zeal.
(1) Uphold the Constitution
(2) Assist in the administration of justice
(3) Advance or defend client’s cause
(4) With devotion, genuine interest, and zeal

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Section 1. Practice of law.

(1) Performance or application of law, legal principles and judgment in and out of Court
(2) Pursuant to lawyer-client relationship
(3) Public service or private sector
(4) Philippine Bar membership

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Section 3. A lawyer-client relationship is the highest fiduciary character.

(1) Client consciously, voluntarily and in good faith vests a lawyer with the client’s confidence.
(2) Lawyer, whether expressly or impliedly, agrees to render such services

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Section 6. Fiduciary duty of a lawyer.

(1) Lawyer be mindful of the trust and confidence reposed by the client
(2) Lawyer shall not abuse or exploit the relationship

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Section 2. The responsible and accountable lawyer.

(1) Uphold the Constitution, laws and legal processes
(2) Safeguard human rights
(3) Assist in the speedy and efficient administration of justice
(4) Represent client within the bounds of the law and the CPRA

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Section 4. Authority of lawyer to bind client.

(1) Bind client in legal engagement through written agreement
(2) Cannot compromise a client’s litigation without a special power of attorney

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Section 5. Authority of lawyer to appear.

(1) Assumed to properly authorized to represent any cause he appears in Court even if no written power of attorney
(2) The Court may require a lawyer to prove the authority to appears given just cause

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Section 7. Prohibition against frivolous suits and abuse of court processes.

A lawyer shall not:
(1) File or encourage the filing of any suit not authorized by law and without evidentiary support
(2) Unduly impede the execution of an Order
(3) Abuse Court processes

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Section 8. Lawyer’s duty to encourage settlement.

(1) Encourage the client to avoid controversy to reach fair settlement
(2) Lawyer shall actively assist parties and Court to effect mediation and dispute resolution

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Section 9. Duty to call client to rectify fraudulent act.

(1) Lawyer who knows that a client has perpetrated fraud shall call upon the client to rectify same.
(2) Fraud shall be ground for the termination of lawyer-client relationship

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Section 13. Conflict of interest.

(1) Lawyer shall not represent conflicting interest
(2) Except with written consent of all concerned

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Conflict of interest

When a lawyer represents inconsistent or opposing interest of two or more persons

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Section 14. Prohibition against conflict-of-interest representation; current clients.

(1) Lawyer shall not enter into transaction with client unless:
(a) the terms are fair and client fully disclosed
(b) advise of the desirability of seeking advice of another lawyer
(c) client gives written informed consent
(2) Lawyer shall not use confidential information without written informed consent, or by law or CPRA
(3) Lawyer shall not acquire gift from client, including a testamentary gift
(4) Lawyer shall not accept compensation from any person other person unless:
(a) client gives written consent
(b) no interference of existing relationship
(c) protected privileged communication
(5) Lawyer shall disclose the nature and existence of pleas in settlement
(6) Avoid testifying in behalf of client unless
(a) On formal matters, e.g., mailing
(b) On substantial matters

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Section 15. Conflict of interest of a lawyer hired by a law firm.

(1) Duty of the lawyer to disclose to the law firm his previous clients that may have potential conflict of interest with current clients of the law firm
(2) Shall not act on cases with conflict of interest

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Section 16. Prohibition against dating, romantic, or sexual relations with a client.

(1) Lawyer shall not have romantic relations with a client during engagement
(2) Unless the consensual relation existed before the lawyer-client relationship

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Section 17. Prohibition against conflict-of-interest representation; prospective clients.

(1) Lawyer shall ascertain the existence of conflict of interest between a prospective client and current clients and immediately disclose
(2) Lawyer maintain private confidences of a prospective client even if no engagement materializes

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Section 18. Prohibition against conflict-of-interest representation; former clients.

(1) Lawyer maintain private confidence of a former client except upon written informed consent or by CPRA or law.
(2) Lawyer not use information relating to former representation unless CPRA or law would permit or when information has become generally known
(3) If the prospective client’s interest is adverse to former client’s, the lawyer shall not represent the prospective client

Section 19. Corporate lawyers; conflict of interest

(1) Lawyer who represents a corporation does not represent any constituent or affiliated organization
(2) Lawyer for corporation shall determine whether the responsibilities of the two roles may conflict. Disclose conflict to all concerned

Section 21. Lawyers in government service; conflict of interest

(1) Lawyer serving government shall not practice law privately unless authorized by Constitution, law or application CS rules
(2) If allowed, private practice shall be upon express authority of superior
(3) Lawyer shall not represent adverse interest to the government

Section 22. Public Attorney’s Office; conflict of interest

(1) PAO is primary legal aid service office of the government.
(2) Ensure ready access to its services by the marginalized sector
(3) Consider avoidance of potential conflict of interest
(4) Conflicts exclusive to concerned lawyers,; not disqualifying the rest of lawyers in PAO

Section 23. Amicus Curiae

Lawyer shall not decline a request by any Court to act as amicus curiae in any proceeding without just cause

Section 27. Confidentiality of privileged communication.

Lawyer shall respect data privacy laws. Duty of confidentiality shall continue even after termination of lawyer-client relationship.

Section 28. Protecting client confidences.

Lawyer shall not reveal confidences except:
(a) Written consent obtained
(b) required by law, e.g., anti-money laundering, ROC
(c) Collect lawyer’s fees, if necessary
(d) In defense of the lawyer or employees
(e) Judicial order, only if material

Section 30. Duty of confidentiality of members of a law firm.

(1) Lawyer may disclose legal matters to partners and associates, as well as those who are involved in handling the client's account, unless expressly prohibited by the client. (2) Adopt measures to prevent members from disclosing client information.

Section 31. Prohibition against filial disclosure.

Lawyer shall not discuss client's confidences even with family members

Section 35. Limited legal services.

(1) Refer to services for specific legal incident. (2) Includes being appointed as counsel de officio only for arraignment purposes or special appearances, give advice, draft legal documents, provide legal assistances before the Courts (3) Entitled to compensation as agreed upon or provided by the ROC

Section 36. Pro bono limited legal services.

(1) Lawyer appointed as counsel de officio shall not refuse limited legal services pro bono. (2) Disclose conflict of interest (3) Lawyer working for the government is NOT exempt from pro bono service unless conflict of interest with the government

Section 37. Duty and confidentiality in limited legal services.

A lawyer providing limited legal services must protect the client's confidences to the same extent as under regular terms

Section 38. Termination of limited legal services.

(1) Lawyer must cease to provide limited legal services when the lawyer becomes aware of conflict of interest between current clients (2) Limited legal services terminates upon completion of services

Section 41. Fair and reasonable fees

(1) Lawyer shall charge only fair fees based on the following: (a) time and extent of service (b) difficulty (c) skill and expertise (d) probability of losing as a result of acceptance (e) charges for similar services (f) value of client's interest (g) contingency or certainty of compensation (h) character of the engagement (i) others

Section 44. Payment of compensation by third party.

(1) Lawyer shall not receive any fee from anyone other than the client, except when written consent is present (2) Receipt shall not interfere with the lawyer's independence.

Section 45. Prompt payment of legal fees.

(1) Lawyer entitled to prompt payment (2) Lawyer entitled to be paid reasonable fees

Section 46. Controversy over legal fees.

(1) Lawyer shall avoid controversy with client regarding fees (2) Only result to judicial action to prevent imposition, injustice and fraud

Section 48. Compensation for counsel de officio

The Court in its discretion order a lawyer engaged as counsel to be compensated in sum as the Court may fix.

Section 49. Accounting during engagement

(1) Lawyer shall account funds and property belonging to client upon receipt (2) Lawyer shall use funds entrusted by a client only for the client's declare purpose (3) Unused amount be returned to client

Section 50. Separate funds.

Lawyer to keep funds of client separate from his own

Section 51. Prohibition against acquiring interest in object of litigation or transaction.

Lawyer not acquire proprietary interest in the property or rights which is the object of litigation

Section 52. Prohibition on lending and borrowing.

(1) Lawyer to not lend money to client except urgent and justifiable situations (2) Lawyer to not borrow money from client unless client's interests are fully protected.

Section 53. Termination of engagement by lawyer.

Lawyer shall terminate only for good cause when: (a) client pursues illegal conduct in connection with engagement (b) client wants lawyer to violate CPRA (c) lawyer unable to work with co-counsel (d) lawyer's moral, mental or physical condition renders difficult the engagement (e) client deliberately fails to pay fees (f) lawyer elected to public office (g) other similar cases

Section 54. Termination of engagement by the client

(1) Client may terminate engagement if he loses trust and confidence (2) Not relieve client from full payment of lawyer fees, unless found by Court to be unreasonable

Section 55. Termination of engagement upon death.

(1) Death of lawyer or client terminates engagement. (2) Death of lawyer does not extinguish engagement between client and the firm

Section 56. Accounting and turn over upon termination of engagement.

(1) Upon termination of engagement, attorney to immediately turn over all documents belonging to client (2) Lawyer to cooperate with chosen successor