Atty. Noel T.

Canlas
MACALE 2020 LEGAL ETHICS CANON GUIDE

CHAPTER I:
THE LAWYER AND SOCIETY
CANON 1 CANON 2 CANON 3 CANON 4 CANON 5 CANON 6

A lawyer shall uphold the A lawyer shall MAKE HIS LEGAL SERVICES AVAILABLE in an A lawyer in making known his legal A lawyer shall PARTICIPATE IN A lawyer shall keep abreast of legal These CANONS shall APPLY TO
constitution; obey the laws of EFFICIENT AND CONVENIENT MANNER compatible with the services shall USE ONLY TRUE, HONEST, THE DEVELOPMENT of the legal developments; PARTICIPATE in continuing LAWYERS IN GOVERNMENT SERVICES
the land and PROMOTE independence, integrity and effectiveness of the profession. FAIR, DIGNIFIED and OBJECTIVE system by initiating or LEGAL EDUCATION PROGRAMS, support in the discharge of their tasks.
RESPECT for LAW of AND INFORMATION or statement of facts. SUPPORTING efforts in LAW efforts to achieve high standards in law
LEGAL PROCESSES. REFORM and in the schools as well as in the practical training of
improvement of the law students and assist in disseminating the
ADMINISTRATION OF JUSTICE. law and jurisprudence.

Rule 1.01 Rule 2.01 Rule 3.01 Rule 6.01

A lawyer shall NOT engage in A lawyer shall NOT REJECT, except for valid reasons, THE CAUSE A lawyer shall NOT USE or permit the use The PRIMARY DUTY of a lawyer
UNLAWFUL, DISHONEST, OF THE DEFENSELESS OR THE OPPRESSED. of any FALSE, fraudulent, misleading, engaged in public prosecution is not to
IMMORAL OR DECEITFUL General Rule deceptive, undignified, self-laudatory or convict but to see that The suppression
CONDUCT. not to reject the cause of the defenseless or oppressed UNFAIR statement or CLAIM regarding his of facts or the JUSTICE IS DONE.
qualifications or legal services. Concealment of witnesses capable of
Rule 1.02 Exceptions: establishing the innocence of the accused
A lawyer shall NOT COUNSEL (1) Incompetency Rule 3.02 is highly reprehensible and is cause for
or abet activities aimed AT (2) Conflict of Interest [Rule 14.03] In the choice of a FIRM NAME, NO FALSE, disciplinary action.
DEFIANCE OF THE LAW or at MISLEADING or assumed name shall be
lessening confidence in the Rule 2.02 used. The continued use of the name of a Rule 6.02
legal system. In such cases, even if the lawyer does not accept a case, he shall deceased partner is permissible provided A lawyer in the government service shall
NOT REFUSE TO RENDER LEGAL ADVICE to the person concerned that the firm indicates in all its NOT USE his PUBLIC POSITION TO
Rule 1.03: if only to the extent necessary to safeguard the latter's rights. communications that said partner is promote or advance his PRIVATE
A lawyer shall NOT, for any General Rule deceased. INTERESTS, nor allow the latter to
corrupt motive or interest, a lawyer can refuse to accept an account or client interfere with his public duties.
ENCOURAGE ANY SUIT OR Rule 3.03
PROCEEDING or delays any Exceptions: WHERE A PARTNER ACCEPTS PUBLIC Rule 6.03
man's cause. (1) decline solely on account of the latter's race, sex, creed or OFFICE, he shall WITHDRAW FROM THE A lawyer shall NOT, AFTER leaving
status of life, or because of his own opinion regarding the guilt FIRM and his NAME SHALL BE DROPPED GOVERNMENT SERVICE, ACCEPT
Rule 1.04: of said person [Rule 14.01] from the firm name unless the law allows engagement or EMPLOYMENT IN
A lawyer shall ENCOURAGE (2) If he is appointed as counsel de officio or as amicus curiae, or him to practice law currently. CONNECTION WITH any matter in
his CLIENTS TO AVOID, end a request from the IBP for rendition of free legal aid. [Rule which he had intervened while in SAID
or settle a CONTROVERSY if it 14.02] General Rule SERVICE.
will admit of a fair settlement. name shall be dropped from the firm name
Exception to Exceptions:
(1) Incompetency Exceptions
(2) Conflict of Interest [Rule 14.03] if law allows

Rule 2.03 Rule 3.04

A lawyer shall NOT do or permit to be done any act designed A lawyer shall NOT PAY or give anything
primarily to SOLICIT legal business. of value to representatives of the mass
MEDIA in anticipation of, or in return for,
publicity TO ATTRACT LEGAL BUSINESS.
Rule 2.04
A lawyer shall NOT CHARGE rates LOWER THAN THOSE
CUSTOMARILY PRESCRIBED unless the circumstances so warrant.
General Rule
not charge lower than those customarily prescribed

Exceptions:
if circumstance so warrant

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 Atty. Noel T. Canlas
MACALE 2020 LEGAL ETHICS CANON GUIDE

CHAPTER II: CHAPTER III:

THE LAWYER AND THE LEGAL PROFESSION THE LAWYER AND THE COURTS
CANON 7 CANON 8 CANON 9 CANON 10 CANON 11 CANON 12 CANON 13

A lawyer shall at all times A lawyer shall conduct himself A lawyer shall not, directly or A lawyer owes (OBSERVE) A lawyer shall observe and A lawyer shall exert every effort and consider it his duty to A lawyer shall rely upon the merits
UPHOLD the INTEGRITY and with COURTESY, FAIRNESS indirectly, assist in the CANDOR, FAIRNESS and maintain the RESPECT due to ASSIST IN the SPEEDY AND EFFICIENT ADMINISTRATION OF of his cause and REFRAIN FROM
DIGNITY of the legal and CANDOR TOWARDS his UNAUTHORIZED PRACTICE GOOD FAITH to the court. the COURTS AND to JUDICIAL JUSTICE. any impropriety which tends to
PROFESSION and support the professional COLLEAGUES, and OF LAW. OFFICERS and should insist on influence, or gives the appearance of
activities of the integrated bar. shall avoid harassing tactics similar conduct by others. INFLUENCING THE COURT.
against opposing counsel.

Rule 7.01 Rule 8.01 Rule 9.01 Rule 10.01 Rule 11.01 Rule 12.01  adequate preparation Rule 13.01
A lawyer shall be answerable A lawyer shall NOT, in his A lawyer shall NOT A lawyer shall NOT DO ANY A lawyer shall appear in court A lawyer shall NOT APPEAR for trial UNLESS he has A lawyer shall NOT EXTEND
for knowingly making a (NO) professional dealings, USE DELEGATE TO any FALSEHOOD, nor consent to PROPERLY ATTIRED. ADEQUATELY PREPARED himself on the law and the facts of EXTRAORDINARY ATTENTION OR
FALSE STATEMENT or LANGUAGE which is ABUSIVE, UNQUALIFIED PERSON the the doing of any in court; nor his case, the evidence he will adduce and the order of its hospitality to, nor seek opportunity
suppressing a material fact in offensive or otherwise performance of any TASK shall he mislead, OR ALLOW Rule 11.02 proferrence. He should also be ready with the original for CULTIVATING FAMILIARITY
connection with his application IMPROPER. which by law may ONLY be THE COURT TO BE MISLED A lawyer shall PUNCTUALLY documents for comparison with the copies. WITH JUDGES.
for admission to the bar. PERFORMED BY A MEMBER by any artifice. APPEAR at court hearings.
Rule 8.02 OF THE BAR in good Rule 12.02  forum shopping Rule 13.02
Rule 7.02 A lawyer shall NOT, directly or standing. Rule 10.02 Rule 11.03 A lawyer shall NOT FILE MULTIPLE ACTIONS ARISING FROM A lawyer shall NOT MAKE PUBLIC
A lawyer shall NOT SUPPORT indirectly, ENCROACH upon the A lawyer shall NOT A lawyer shall abstain from THE SAME CAUSE. STATEMENTS IN THE MEDIA
the APPLICATION FOR PROFESSIONAL Rule 9.02 knowingly MISQUOTE or scandalous, offensive or regarding a pending case tending to
ADMISSION TO THE BAR OF EMPLOYMENT OF ANOTHER a lawyer shall NOT DIVIDE MISREPRESENT THE menacing (PROPER) Rule 12.03 arouse public opinion for or against
ANY person known by him to LAWYER, however, it is the or stipulate to divide a FEE CONTENTS OF A PAPER, the LANGUAGE or BEHAVIOR A lawyer shall NOT (DELAY CASE), after obtaining extensions a party.
be UNQUALIFIED in respect to right of any lawyer, without fear for legal services with language or the argument of before the courts. of time to file pleadings, memoranda or briefs, let the period
character, education, or other or favor, to give proper advice persons not licensed to opposing counsel, or the text lapse without submitting the same or offering an explanation Rule 13.03
relevant attribute. and assistance to those seeking practice law. of a decision or authority, or Rule 11.04 for his failure to do so. A lawyer shall NOT brook or INVITE
relief against unfaithful or knowingly cite as law a A lawyer shall NOT (OUTSIDE INTERFERENCE)
Rule 7.03 neglectful counsel. General Rule provision already rendered ATTRIBUTE TO JUDGE Rule 12.04 interference by another branch or
A lawyer shall NOT ENGAGE in not divide fees inoperative by repeal or MOTIVES not supported by A lawyer shall NOT unduly delay a case, IMPEDE THE agency of the government in the
CONDUCT that ADVERSELY amendment, or assert as a the record or have no EXECUTION OF A JUDGMENT or MISUSE COURT PROCESSES. normal course of judicial
REFLECTS on his fitness to Exceptions: fact that which has not been materiality to the case. proceedings.
practice law, nor shall he (1) there is a pre-existing proved. Rule 12.05  proper behavior
whether in public or private agreement Rule 11.05  rights of lawyers A lawyer shall REFRAIN FROM TALKING TO HIS WITNESS
life, behave in a scandalous (2) a lawyer completes Rule 10.03 to criticize courts during a break or recess in the trial, while the witness is still
manner to the discredit of the unfinished business of A lawyer shall OBSERVE THE A lawyer shall SUBMIT under examination.
legal PROFESSION. a deceased lawyer RULES OF PROCEDURE and GRIEVANCES against a judge
(3) a lawyer or firm shall not misuse them to TO the PROPER Rule 12.06  proper behavior
includes non-lawyer defeat the ends of justice. AUTHORITIES ONLY. A lawyer shall NOT knowingly ASSIST a WITNESS TO
employees in a MISREPRESENT HIMSELF or to impersonate another.
retirement plan
Rule 12.07  proper behavior
a lawyer shall NOT abuse, browbeat or HARASS A WITNESS
nor needlessly inconvenience him.

Rule 12.08
a lawyer shall AVOID TESTIFYING IN BEHALF OF HIS CLIENT.

General Rule
Not to testify on behalf of client

Exceptions:
(1) formal matters (letters he sent or notary)
(2) substantial matters (his testimony is essential)

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 Atty. Noel T. Canlas
MACALE 2020 LEGAL ETHICS CANON GUIDE

CHAPTER IV:
THE LAWYER AND THE CLIENT
CANON 14 CANON 15 CANON 16 CANON 17 CANON 18 CANON 19

A lawyer shall NOT REFUSE his A lawyer shall OBSERVE CANDOR, FAIRNESS and LOYALTY A lawyer shall HOLD IN TRUST all A lawyer OWES A lawyer shall SERVE his client WITH COMPETENCE A lawyer shall REPRESENT HIS CLIENT
SERVICES TO THE NEEDY. in all his dealings and transactions with his clients. MONEYS AND PROPERTIES OF HIS FIDELITY TO and DILIGENCE. WITH ZEAL WITHIN THE BOUNDS OF
CLIENT that may come into his profession. THE CAUSE OF THE LAW.
HIS CLIENT and
Rule 14.01  exceptions Rule 15.01  conflict of interest Rule 16.01 he shall be Rules 18.01  Rule 19.01
A lawyer shall NOT DECLINE to A lawyer, in conferring with a prospective client, shall A lawyer shall ACCOUNT for all MONEY MINDFUL OF A lawyer shall NOT UNDERTAKE A LEGAL SERVICE A lawyer shall EMPLOY ONLY FAIR AND
represent a person SOLELY ON ASCERTAIN AS SOON AS PRACTICABLE whether the matter OR PROPERTY COLLECTED OR THE TRUST AND which HE KNOWS or should know that HE IS NOT HONEST MEANS to attain the lawful
account of the latter's RACE, SEX, would involve a CONFLICT (OF INTEREST) with another RECEIVED for or from the client. CONFIDENCE QUALIFIED TO RENDER. However, he may render such objectives of his client and shall NOT
CREED or STATUS of life, or client or his own interest, and if so, shall forthwith inform the REPOSED IN service if, with the consent of his client, he can OBTAIN present, participate in presenting or
because of his own OPINION prospective client. Rule 16.02 HIM. AS COLLABORATING COUNSEL A LAWYER WHO IS THREATEN to present UNFOUNDED
regarding the GUILT of said A lawyer shall KEEP THE FUNDS of each COMPETENT ON THE MATTER. CRIMINAL CHARGES to obtain an
person. Rule 15.02  conflict of interest client SEPARATE and apart FROM HIS improper advantage in any case or
A lawyer shall be BOUND BY the RULE ON PRIVILEGE OWN and those of others kept by him. General Rule proceeding.
Rule 14.02 exceptions COMMUNICATION in respect of matters disclosed to him by Not undertake a legal service which he knows he is not
A lawyer shall NOT DECLINE, a prospective client. Rule 16.03 qualified to render Rule 19.02
except for serious and sufficient A lawyer shall DELIVER the FUNDS AND A LAWYER WHO HAS RECEIVED
cause, an APPOINTMENT AS Rule 15.03  conflict of interest PROPERTY of his client WHEN DUE OR Exceptions: INFORMATION THAT HIS CLIENT HAS, in
COUNSEL DE OFFICIO or A lawyer shall NOT REPRESENT CONFLICTING INTERESTS UPON DEMAND. However, he shall have a With the consent of his client, obtain as collaborating the course of the representation,
as AMICUS CURIAE, or a except by written consent of all concerned given after a full lien over the funds and may apply so much counsel a lawyer who is competent on the matter. PERPETRATED A FRAUD upon a person or
REQUEST FROM THE IBP or any disclosure of the facts. thereof as may be necessary to satisfy his tribunal, SHALL PROMPTLY CALL UPON
of its chapters for rendition OF General Rule lawful fees and disbursements, giving Rule 18.02 THE CLIENT TO RECTIFY THE SAME, and
FREE LEGAL AID. Not represent conflict of interest notice promptly thereafter to his client. He A lawyer shall NOT HANDLE ANY LEGAL MATTER failing which he shall terminate the
shall also have a lien to the same extent on WITHOUT ADEQUATE PREPARATION. relationship with such client in accordance
Rule 14.03  exception to Exceptions: all judgments and executions he has with the Rules of Court.
exception Written consent of all concerned after full disclosure of facts secured for his client as provided for in the ADEQUATE PREPARATION:
A lawyer MAY not REFUSE to Rules of Court.  Preparation of Pleadings Rule 19.03
accept representation of an Rule 15.04  Interviewing the Witnesses A lawyer shall NOT ALLOW HIS CLIENT TO
indigent client unless: A lawyer may, with the written consent of all concerned, ACT Rule 16.04  What to do in Case of Conflict of Trial Dates DICTATE (CONTROL) THE PROCEDURE in
(a) he is not in a position to AS MEDIATOR, CONCILIATOR or ARBITRATOR in settling A lawyer shall NOT BORROW MONEY  Adoption of System to Insure Receipt of Mails handling the case.
carry out the work disputes. FROM HIS CLIENT unless the client's  Notice of Change of Address
effectively or competently interests are fully protected by the nature  Notice of Death of Client
(INCOMPETENCY) Rule 15.05 of the case or by independent advice.
(b) He labors under a A lawyer when advising his client shall give A CANDID AND Neither shall a lawyer lend money to a Rule 18.03
CONFLICT OF INTEREST HONEST OPINION ON THE MERITS and probable results of client except, when in the interest of A lawyer shall NOT NEGLECT a LEGAL MATTER
between him and the the client's case, neither overstating nor understating the justice; he has to advance necessary ENTRUSTED TO HIM, and his negligence in connection
prospective client or prospects of the case. expenses in a legal matter he is handling therewith shall render him liable.
between a present client for the client.
and the prospective client. Rule 15.06 Rule 18.04
A lawyer shall NOT STATE OR IMPLY that he is able to A lawyer shall KEEP THE CLIENT INFORMED OF THE
Rule 14.04 INFLUENCE any public official, tribunal or legislative body. STATUS OF HIS CASE and shall respond within a
A lawyer who accepts the cause reasonable time to the client's request for information.
of A PERSON UNABLE TO PAY Rule 15.07
HIS PROFESSIONAL FEES shall A lawyer shall IMPRESS upon his CLIENT compliance WITH
observe the SAME STANDARD of the laws and the PRINCIPLES OF FAIRNESS.
conduct governing his relations
WITH PAYING CLIENTS. Rule 15.08  dual profession
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.

MACALE | LEGAL ETHICS 3

 Atty. Noel T. Canlas
MACALE 2020 LEGAL ETHICS CANON GUIDE

CANON 20 CANON 21 CANON 22

A lawyer shall CHARGE ONLY FAIR AND REASONABLE FEES. A lawyer shall PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT A lawyer shall WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE and
RELATION IS TERMINATED. UPON NOTICE appropriate in the circumstances.

Rule 20.01  fee guide Rule 21.01 Rule 22.01  good causes for withdrawal of services
A lawyer shall be guided by the following factors in determining his fees: A lawyer shall NOT REVEAL THE CONFIDENCES OR SECRETS OF HIS CLIENT. A lawyer may withdraw his services in any of the following case:
(a) the time spent AND the extent of the service rendered or General Rule (a) When the client pursues an illegal or immoral course of conduct in
required; not reveal the confidences or secrets of his client connection with the matter he is handling;
(b) the novelty and difficulty of the questions involved; (b) When the client insists that the lawyer pursue conduct violative of
(c) The importance of the subject matter; Exceptions: these canons and rules;
(d) The skill demanded; (1) When authorized by the client after acquainting him of the consequences of the disclosure; (c) When his inability to work with co-counsel will not promote the
(e) The probability of losing other employment as a result of (2) When required by law; best interest of the client;
acceptance of the proffered case; (3) When necessary to collect his fees OR to defend himself, his employees or associates or by judicial action. (d) When the mental or physical condition of the lawyer renders it
(f) The customary charges for similar services and the schedule of difficult for him to carry out the employment effectively;
fees of the IBP chapter to which he belongs; Rule 21.02 (e) When the client DELIBERATELY fails to pay the fees for the services
(g) The amount involved in the controversy AND the benefits A lawyer shall NOT, to the disadvantage of his client, USE INFORMATION ACQUIRED IN THE COURSE OF or fails to comply with the retainer agreement;
resulting to the client from the service; EMPLOYMENT, nor shall he use the same TO HIS OWN ADVANTAGE or that of a third person, UNLESS the client (f) When the lawyer is elected or appointed to public office; and
(h) The contingency OR certainty of compensation; with full knowledge of the circumstances consents. (g) Other similar cases.
(i) The character of the employment, whether occasional or
established; and Rule 21.03 Rule 22.02  duties of lawyers who withdraws
(j) The professional standing of the lawyer. A lawyer shall NOT, without the written consent of his client, GIVE INFORMATION FROM HIS FILES TO AN A lawyer who withdraws or is discharged shall, subject to a retainer lien,
OUTSIDE AGENCY seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any IMMEDIATELY TURN OVER ALL PAPERS AND PROPERTY TO WHICH
Rule 20.02 similar purpose. THE CLIENT IS ENTITLED, and shall COOPERATE WITH HIS SUCCESSOR
A lawyer shall, IN CASE OF REFERRAL, with the consent of the client, in the orderly transfer of the matter, including all information necessary
be ENTITLED TO A DIVISION OF FEES in proportion to the work Rule 21.04  protection form disclosure for the proper handling of the matter.
performed and responsibility assumed. A lawyer MAY DISCLOSE the affairs of a client of the firm TO PARTNERS OR ASSOCIATES thereof UNLESS
prohibited by the client.
Rule 20.03
A lawyer shall NOT, without the full knowledge and consent of the Rule 21.05  protection form disclosure
client, ACCEPT ANY fee, reward, costs, commission, interest, rebate or A lawyer shall ADOPT such MEASURES as may be REQUIRED TO PREVENT THOSE whose services are utilized by
forwarding allowance or other COMPENSATION whatsoever related to him, FROM DISCLOSING or using confidences or SECRETS OF the CLIENTS.
his professional employment FROM ANYONE OTHER THAN THE
CLIENT. Rule 21.06
A lawyer shall AVOID INDISCREET CONVERSATION ABOUT A CLIENT'S AFFAIRS even with members of his family.
Rule 20.04
A lawyer shall AVOID CONTROVERSIES WITH CLIENTS CONCERNING Rule 21.07
HIS COMPENSATION and shall resort to judicial action only to prevent A lawyer shall NOT REVEAL THAT HE HAS BEEN CONSULTED ABOUT A PARTICULAR CASE EXCEPT to avoid
imposition, injustice or fraud. possible conflict of interest.

Dissecting the Lawyer’s Oath

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines,
[Canon 1; Rule 1.02] I will support the Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein;
[Rule 10.01; Rule 10.02] I will do no falsehood, nor consent to the doing of any in court;
[Canon 3; Rule 3.01] I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same;
[Rule 1.03] I will delay no man for money or malice,
and will [Canon 18; Rule 18.01] conduct myself as a lawyer according to the best of my knowledge and discretion, [Canon 17] with all good fidelity as well to the courts as to my clients;
and I [Canon 22; Rule 22.01] impose upon myself these voluntary obligations without any mental reservation or purpose of evasion. So help me God.

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