CPRA 3. Canon III – Fidelity Flashcards
Definition of the Practice of Law – Section 1
Section 1. Practice of law. — The practice of law is the rendition of legal service or performance of acts or the application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives of a person or a cause, and pursuant to a lawyer-client relationship or other engagement governed by the Code of Professional Responsibility and Accountability for lawyers. It includes employment in the public service or private sector and requires membership in the Philippine bar as qualification.
To make Section 1 on the Practice of Law easier to memorize, let’s break it down into key components:
Key Components of Section 1
-
Definition of Practice of Law:
- Rendition of legal services or performance of acts OR
- Application of law, legal principles, and judgment
- In or out of court
-
Context:
- Relates to the circumstances or objectives of a person or a cause
-
Lawyer-Client Relationship:
- Governed by the Code of Professional Responsibility and Accountability for lawyers
-
Employment Scope:
- Includes both public service and private sector
-
Qualification:
- Requires membership in the Philippine bar
Memorization Aid: “RACEL” (Rendition, Application, Context, Employment, Lawyer-client relationship)
Breakdown with Examples
-
Rendition of Legal Services:
- Key Point: Involves providing legal advice, drafting documents, representing clients in court, etc.
- Example: A lawyer drafting a contract or representing a client in a lawsuit.
-
Application of Law:
- Key Point: Applying legal principles and judgment to specific situations.
- Example: Advising a client on the legal implications of a business decision.
-
Context:
- Key Point: Pertains to the specific circumstances or objectives of a client.
- Example: Tailoring legal advice to fit a client’s unique situation, such as estate planning.
-
Lawyer-Client Relationship:
- Key Point: Governed by professional ethical standards.
- Example: Upholding confidentiality and acting in the best interest of the client.
-
Employment Scope:
- Key Point: Can be in public service (e.g., government lawyer) or private sector (e.g., corporate lawyer).
- Example: A lawyer working for a government agency or a private law firm.
-
Qualification:
- Key Point: Must be a member of the Philippine bar.
- Example: Passing the bar exam and being admitted to practice law in the Philippines.
Summary
- Rendition: Providing legal services and performing legal acts.
- Application: Using legal principles and judgment.
- Context: Related to specific client circumstances or objectives.
- Employment: Includes public and private sector roles.
- Lawyer-client relationship: Governed by ethical standards.
- Qualification: Requires membership in the Philippine bar.
By focusing on these key points and using the “RACEL” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 1 on the Practice of Law.
b. Definition of Lawyer-Client Relationship – Section 3
Section 3. Lawyer-client relationship. — A lawyer-client relationship is of the highest fiduciary character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the client on the lawyer. Therefore, a lawyer-client relationship shall arise when the client consciously, voluntarily and in good faith vests a lawyer with the client’s confidence for the purpose of rendering legal services such as providing legal advice or representation, and the lawyer, whether expressly or impliedly, agrees to render such services.
Let’s break down Section 3 on Lawyer-client relationship for easier memorization:
Key Components:
- Fiduciary Character:
- Highest level of trust and confidence
- Foundation:
- Based on client’s confidence in the lawyer
- Establishment of Relationship:
- Client’s actions:
a) Conscious
b) Voluntary
c) In good faith - Purpose: Rendering legal services
- Lawyer’s agreement: Express or implied
- Client’s actions:
- Types of Legal Services:
- Providing legal advice
- Representation
Memorization Aid: “FIFE” (Fiduciary, Initiation, Foundation, Engagement)
Breakdown with Examples:
- Fiduciary Character:
Key Point: Highest level of trust
Example: A lawyer keeping client information strictly confidential - Foundation:
Key Point: Based on client’s confidence
Example: A client choosing a lawyer based on their reputation and expertise - Establishment of Relationship:
Key Point: Client’s conscious, voluntary, and good faith action
Example: A client deliberately approaching a lawyer for help with a legal issue - Lawyer’s Agreement:
Key Point: Express or implied acceptance
Example: A lawyer explicitly agreeing to take on a case or implicitly doing so by starting work on it - Types of Legal Services:
Key Point: Advice and representation
Example: A lawyer advising on contract terms or representing a client in court
Summary:
- Fiduciary: Highest level of trust and confidence
- Initiation: Client consciously and voluntarily seeks legal services
- Foundation: Based on client’s confidence in the lawyer
- Engagement: Lawyer expressly or impliedly agrees to provide services
Key Points to Remember:
1. Highest fiduciary character
2. Founded on client’s confidence
3. Client must act consciously, voluntarily, and in good faith
4. Lawyer agrees expressly or impliedly
5. Involves legal advice or representation
By focusing on these key points and the “FIFE” acronym, along with the examples, you can more easily memorize and understand the requirements of Section 3 on Lawyer-client relationship.
c. Conflict of interest – Sections 13-22
Section 13: Conflict of Interest
Key Point: Lawyers must not represent conflicting interests without written informed consent.
Example: A lawyer cannot represent both a husband and wife in a divorce case without their written consent after full disclosure.
Section 14: Prohibition against conflict-of-interest representation (current clients)
Key Points:
a) Business transactions with clients require full disclosure and fairness.
Example: A lawyer buying property from a client must ensure the terms are fair and fully disclosed.
b) Confidential information can’t be used without consent.
Example: A lawyer can’t use information from one client to benefit another without permission.
c) Substantial gifts from clients are prohibited.
Example: A lawyer can’t accept a large bequest from a client’s will they helped prepare.
d) Media rights agreements require client consent.
Example: A lawyer needs written permission to write a book about a client’s case.
e) Third-party compensation requires client consent and no interference.
Example: A company paying for an employee’s legal fees must not interfere with the lawyer’s judgment.
f) Multiple client settlements require full disclosure.
Example: In a class action, the lawyer must inform all clients about the settlement terms.
g) Lawyers should avoid testifying for clients except in specific circumstances.
Example: A lawyer can testify about mailing a document but should avoid testifying about case facts.
Section 15: Conflict of interest in law firms
Key Point: New lawyers must disclose potential conflicts from previous clients.
Example: A lawyer joining a firm must inform them if they previously represented a client opposing the firm’s current client.
Section 16: Prohibition against romantic relations with clients
Key Point: No romantic relationships with clients unless pre-existing.
Example: A lawyer can’t start dating a client during an ongoing case.
Section 17: Conflict-of-interest with prospective clients
Key Points:
a) Ascertain and disclose conflicts early.
Example: A lawyer must check for conflicts before meeting with a potential new client.
b) Maintain confidentiality even if not hired.
Example: A lawyer can’t use information from a consultation, even if they don’t take the case.
Section 18: Conflict-of-interest with former clients
Key Points:
a) Maintain confidentiality after engagement ends.
Example: A lawyer can’t disclose a former client’s trade secrets, even years later.
b) Don’t use information from former representation.
Example: A lawyer can’t use strategies learned from a former client against them in a new case.
c) Don’t represent adverse interests in related matters.
Example: A lawyer who represented a company in a merger can’t later represent someone suing that company over the merger.
Section 19: Corporate lawyers and conflict of interest
Key Point: Representing an organization doesn’t automatically mean representing its affiliates.
Example: A lawyer for a parent company isn’t automatically the lawyer for its subsidiaries.
Section 20: Legal services organizations and conflict of interest
Key Point: Lawyer-client relationship is with handling lawyers, not the entire organization.
Example: In a legal aid clinic, only lawyers directly involved in a case are bound by conflict rules for that case.
Section 21: Government lawyers and conflict of interest
Key Point: Limited private practice with express authority and no adverse interests to government.
Example: A government lawyer can’t represent a client suing the government agency they work for.
Section 22: Public Attorney’s Office and conflict of interest
Key Point: Conflicts are imputed only to the specific lawyer and direct supervisor.
Example: If one public attorney has a conflict, other attorneys in the office can still represent the client after disclosure and consent.
d. Limited Legal Services – Sections 35-40
Here is a summary of each section with key points and examples for easy understanding:
Section 35: Limited Legal Services
Key Points:
- Services for a specific legal incident, not ongoing.
- Includes tasks like arraignment, special court appearances, drafting documents, and giving advice.
- Lawyer must state that the service is limited.
- Compensation as agreed or per Rules of Court.
Example:
A lawyer is appointed to represent a defendant only during their arraignment and states this limited role clearly to the client.
Section 36: Pro Bono Limited Legal Services
Key Points:
- Court-appointed counsel de oficio cannot refuse pro bono services due to conflict of interest but must disclose the conflict.
- Must provide services to safeguard fundamental rights and available remedies.
- Government lawyers are not exempt from pro bono service unless prohibited by law or regulations.
Example:
A lawyer appointed pro bono for a defendant at arraignment must disclose any conflicts but still provide necessary legal assistance to ensure the defendant’s rights are protected.
Section 37: Duty of Confidentiality in Limited Legal Services
Key Points:
- Protect client confidences as in regular legal engagements.
Example:
A lawyer providing limited advice on a legal matter must keep all client information confidential, just as they would in a full representation.
Section 38: Termination of Limited Legal Services
Key Points:
- Cease services if aware of a conflict of interest, unless client consents in writing.
- Services terminate upon completion of the specific task.
Example:
A lawyer stops representing a client in a limited capacity after realizing a conflict of interest, unless the client consents to continue.
Section 39: Limited Legal Services of Law Student Practitioners
Key Points:
- Governed by the Clinical Legal Education Program (CPRA).
Example:
A law student providing limited legal services under supervision must follow the guidelines set by the CPRA.
Section 40: Accountability of Legal Clinic Director and Supervising Lawyer
Key Points:
- Provide meaningful training to law students.
- Responsible for the students’ work.
- Comply with laws, rules, and guidelines for Law Student Practice.
Example:
A legal clinic director ensures that law students are properly trained and supervises their work, taking responsibility for any errors.
Summary
- Section 35: Limited legal services are specific and not ongoing; compensation as agreed.
- Section 36: Pro bono services must be rendered despite conflicts; government lawyers not exempt.
- Section 37: Confidentiality must be maintained in limited services.
- Section 38: Terminate services upon conflict or completion.
- Section 39: Law student services governed by CPRA.
- Section 40: Clinic directors and supervising lawyers must train and oversee law students responsibly.
These summaries and examples should help in understanding and memorizing the key points of each section.
e. Responsibility of a Solo Practitioner – Canon II, sec. 25
f. Responsibility of a Law Firm – Canon II, sec.26
g. Responsibility of a Government Lawyer and those in the
Prosecution Service – Canon II, secs. 28-29
h. Responsibility of a Paralegal – Canon II, secs. 34-35
i. Responsibility of Lawyers in the Academe – Canon II, sec. 32
j. Responsibility of Law firms; Supervisory and Supervised Lawyers – Canon III, secs. 10-12
Section 10: Responsibility over subordinates
Key Points:
1. Lawyers are responsible for mistakes, negligence, and acts of subordinates under their direct supervision.
2. This applies to subordinate lawyers, paralegals, and employees.
3. The supervising lawyer can avoid liability by proving due diligence in selection and supervision.
Example: A senior lawyer is responsible if their paralegal accidentally discloses confidential client information, unless the lawyer can prove they properly trained and supervised the paralegal.
Section 11: Responsibility of supervisory lawyers
Key Points:
1. Supervisory lawyers must co-sign pleadings with supervised lawyers.
2. Supervisory lawyers are responsible for CPRA violations by supervised lawyers if they:
a) Order or ratify the conduct
b) Know about the conduct and fail to prevent or mitigate it
c) Should have known about the conduct and failed to take remedial action
Example: A partner in a law firm is responsible if they know a junior associate is falsifying evidence and do nothing to stop it.
Section 12: Responsibilities of supervised lawyers
Key Point: Supervised lawyers are still bound by the CPRA, even when acting under direction.
Example: A junior lawyer cannot violate ethical rules just because a senior partner told them to do so. They are still personally responsible for adhering to the CPRA.
Summary:
- Section 10: Supervising lawyers are responsible for subordinates’ actions but can avoid liability with due diligence.
- Section 11: Supervisory lawyers are responsible for supervised lawyers’ CPRA violations in specific circumstances.
- Section 12: Supervised lawyers remain personally responsible for adhering to the CPRA.
These sections emphasize the chain of responsibility in legal practice, ensuring that both supervising and supervised lawyers maintain ethical standards. The key is that while supervisors have significant responsibility, all lawyers are ultimately bound by ethical rules regardless of their position.
k. Responsibility of a Legal Clinic – Canon III, secs. 39-40
Section 39: Limited Legal Services of law student practitioners
Key point: Law student practitioners providing Limited Legal Services under the Clinical Legal Education Program are governed by the Code of Professional Responsibility and Accountability (CPRA).
Example: A law student providing legal advice at a university clinic must follow the ethical guidelines set out in the CPRA.
Section 40: Accountability of legal clinic director and supervising lawyer
Key points:
1. Clinic directors and supervising lawyers must provide meaningful training to law students.
2. They are responsible for the work performed by students under their supervision.
3. They must comply with all laws, rules, and guidelines related to Law Student Practice.
Example: A supervising attorney at a legal aid clinic is responsible for reviewing and approving all work done by law students, ensuring it meets professional standards and ethical requirements.
To memorize:
- Section 39: Student practitioners follow CPRA
- Section 40: Supervisors train, are responsible, and must comply with rules
These sections emphasize the importance of proper supervision and accountability in clinical legal education, ensuring that law students receive meaningful practical experience while maintaining professional standards.
l. Attorney’s Fees – Section 41
Main Principle:
“A lawyer shall charge only fair and reasonable fees.”
Factors Determining Fair and Reasonable Fees (remember the acronym “TNSPCQCC”):
T - Time and extent of service
N - Novelty and difficulty of issues
S - Skill and expertise of the lawyer
P - Probability of losing other engagements
C - Customary charges and IBP recommended fees
Q - Quantitative or qualitative value to the client
C - Contingency or certainty of compensation
C - Character of engagement (limited, seasonal, etc.)
Plus: Other analogous factors
To memorize, you can use this mnemonic device:
“To Negotiate Sensible Prices, Consider Quality Carefully and Completely”
Each word corresponds to a factor:
To (Time) Negotiate (Novelty) Sensible (Skill) Prices (Probability), Consider (Customary) Quality (Quantitative/Qualitative) Carefully (Contingency) and Completely (Character)
This summary captures the essence of Section 41, emphasizing that lawyers must charge fair fees based on multiple factors. The mnemonic device can help you remember the specific factors to consider when determining fees. Remember to also include “other analogous factors” as a catch-all category.
m. Attorney’s Lien – Sections 47, 53 and 54
Here’s a summary of Sections 53 and 54 for easy memorization, along with examples:
Section 53: Termination of engagement by the lawyer
Key points:
1. Must have good cause
2. Requires written notice
3. Specific cases for termination:
a) Illegal/immoral client conduct
b) Client insists on violating Canons/rules
c) Inability to work with co-counsel
d) Lawyer’s moral/physical/mental condition
e) Client’s failure to pay or comply with agreement
f) Lawyer’s election/appointment to public office
g) Other similar cases
Memorization aid: “IICMFPO” (Illegal, Insists, Co-counsel, Moral/Mental, Fails to pay, Public Office)
Example: A lawyer terminates the engagement after discovering the client is using their services to facilitate money laundering.
Section 54: Termination of engagement by the client
Key points:
1. Client can terminate at any time due to loss of trust/confidence
2. Client still responsible for full payment of fees
3. If written agreement exists, lawyer entitled to full compensation unless found unconscionable
4. Lawyer has charging lien on judgments for payment
Memorization aid: “TCFL” (Terminate, Compensation, Full payment, Lien)
Example: A client terminates their lawyer’s services due to a breakdown in communication, but must still pay for work completed up to that point.
Summary:
- Section 53: Lawyer can terminate with cause and notice
- Section 54: Client can terminate anytime, but must pay fees
Remember: Both sections emphasize the importance of proper termination procedures and financial obligations in lawyer-client relationships.
- Enforcement Method:
- File a Notice of Enforcement of Attorney’s Lien with the court/tribunal/agency where the case is pending
- Attach proof of services rendered
- Serve notice on the client
- Process:
- Court determines fee entitlement after a hearing
- Treated as an independent claim
- Doesn’t delay the main case
- Resolution:
- Can be included in main judgment or separate partial judgment
- Partial judgment is appealable
- Execution:
- Appeal in main case doesn’t stay execution of lawyer’s lien
- Court considers pending lawyer’s claim in main case execution
- Post-Decision Claims:
- If claim arises after decision, file as an independent action
Memorization Aid: “FPHER” (File, Process, Hearing, Execution, Resolution)
Summary:
- File notice with proof and serve client
- Process as independent claim without delaying main case
- Hearing determines fee entitlement
- Execution not stayed by main case appeal
- Resolution in main or partial judgment; post-decision claims filed separately
This summary captures the essential elements of Section 47, providing a framework for understanding and remembering the process of enforcing an attorney’s lien.
n. Prohibition on Lending and Borrowing; Exceptions – Section 52
o. Prohibition against Acquiring Interest in the Object of Litigation
or Transaction – Section 51; Civil Code, art. 1491
p. Section 54: Termination of engagement by the client
Section 54: Termination of engagement by the client
Key points:
1. Client can terminate at any time due to loss of trust/confidence
2. Client still responsible for full payment of fees
3. If written agreement exists, lawyer entitled to full compensation unless found unconscionable
4. Lawyer has charging lien on judgments for payment
Memorization aid: “TCFL” (Terminate, Compensation, Full payment, Lien)
Example: A client terminates their lawyer’s services due to a breakdown in communication, but must still pay for work completed up to that point.
Summary:
- Section 53: Lawyer can terminate with cause and notice
- Section 54: Client can terminate anytime, but must pay fees
Remember: Both sections emphasize the importance of proper termination procedures and financial obligations in lawyer-client relationships.
q. Section 53: Termination of engagement by the lawyer
Section 53: Termination of engagement by the lawyer
Key points:
1. Must have good cause
2. Requires written notice
3. Specific cases for termination:
a) Illegal/immoral client conduct
b) Client insists on violating Canons/rules
c) Inability to work with co-counsel
d) Lawyer’s moral/physical/mental condition
e) Client’s failure to pay or comply with agreement
f) Lawyer’s election/appointment to public office
g) Other similar cases
Memorization aid: “IICMFPO” (Illegal, Insists, Co-counsel, Moral/Mental, Fails to pay, Public Office)
Example: A lawyer terminates the engagement after discovering the client is using their services to facilitate money laundering.
r. Termination of Engagement upon Death – Section 55
s. Accounting and Turn-over of Funds and Properties upon
Termination of Engagement – Section 56
What is Fidelity?
To make the concept of fidelity easier to memorize, let’s break it down into key components:
Key Components of Fidelity
-
Uphold the Constitution and Laws:
- Duty to adhere to and promote the Constitution and legal statutes.
-
Assist in the Administration of Justice:
- Act as an officer of the court to facilitate fair and efficient justice.
-
Advance or Defend Client’s Cause:
- Represent clients with full devotion, genuine interest, and zeal.
-
Pursuit of Truth and Justice:
- Strive to uncover the truth and promote justice in all legal matters.
Memorization Aid: “UAA-P” (Uphold, Assist, Advance, Pursuit)
Breakdown with Examples
-
Uphold the Constitution and Laws:
- Key Point: Lawyers must respect and follow the Constitution and laws.
- Example: A lawyer refuses to engage in illegal activities, even if requested by a client.
-
Assist in the Administration of Justice:
- Key Point: Lawyers act as officers of the court to ensure justice is served.
- Example: A lawyer presents all relevant evidence in a case, even if it may not favor their client, to ensure a fair trial.
-
Advance or Defend Client’s Cause:
- Key Point: Lawyers must represent their clients with dedication and enthusiasm.
- Example: A lawyer thoroughly researches and prepares for a case to provide the best possible defense for their client.
-
Pursuit of Truth and Justice:
- Key Point: Lawyers aim to uncover the truth and promote justice.
- Example: A lawyer advocates for reforms in the legal system to correct injustices and improve fairness.
Summary
- Uphold: Follow the Constitution and laws.
- Assist: Facilitate justice as an officer of the court.
- Advance: Represent clients with dedication and zeal.
- Pursuit: Strive for truth and justice.
By focusing on these key points and using the “UAA-P” acronym, you can more easily memorize and understand the concept of fidelity in the legal profession.
Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to assist in the administration of justice as an officer of the court, and to advance or defend a client’s cause, with full devotion, genuine interest, and zeal in the pursuit of truth and justice.
