Chapter 7: Lawyer's Duties in Handling Client's Cause

Question 1

What is Canon 15 of the Code?

Answer 1

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Question 2

What are the Rules under Canon 15?

Clue: CPCMCICP

Answer 2

CPCMCICP

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

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

Rule 15.03. - A lawyer shall not represent CONFLICTING INTERESTS except by written consent of all concerned given after a full disclosure of the facts.

Rule 15.04. - A lawyer may, with the written consent of all concerned, act as MEDIATOR, conciliator or arbitrator in settling disputes.

Rule 15.05. - A lawyer when advising his client, shall give a CANDID and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case.

Rule 15.06. - A lawyer shall not state or imply that he is able to INFLUENCE any public official, tribunal or legislative body.

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

Rule 15.08. - A lawyer who is engaged in another PROFESSION or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity.

Question 3

What is influence peddling?

Answer 3

It is an act of a lawyer whereby he states or implies that he is able to influence any public official, tribunal or legislative body.

Question 4

What are the reasons that underlie the rule, a lawyer should not state his personal belief as to the soundness of his case?

Answer 4

1. A lawyer’s personal belief has no bearing in the case
2. If it were allowed, it would give improper advantage to the older or better-known lawyer whose opinion would carry more weight
3. If it were allowed, omission to make such assertion might be taken as an admission of the lack of belief in the soundness of his client’s cause

Question 5

What is Rule 19.2?

Clue: information on fraud

Answer 5

“A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court.”

Question 6

What does a lawyer represent by accepting a retainer?

DERS

Answer 6

DERS

1. He possesses the requisite DEGREE of learning, skill and ability necessary to practice his profession
2. He will EXERT his best judgment in the prosecution or defense of the litigation entrusted to him
3. He will exercise REASONABLE and ordinary care and diligence in the use of his skill
4. He will take such step as will adequately SAFEGUARD his client’s interest

Question 7

What is the duty of defense counsel when his client desires to enter a plea of guilty?

Answer 7

1. Fully acquaint himself with the records and surrounding circumstances of the case
2. Confer with the accused and obtain rom him his account of what happened
3. Advise him of his constitutional rights
4. Explain to him the import of the plea of guilty and the inevitable conviction that will follow
5. See to it that the procedure is followed

Question 8

What are the consequences to a lawyer when he fails to exercise the diligence required of him?

Answer 8

1. reprimand
2. warning
3. suspension from the practice of law
4. disbarment