CODE OF PROFESSIONAL RESPONSIBILITY AND ACCOUNTABILITY

CANON III
FIDELITY

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.

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.

Section 2. The responsible and accountable lawyer. — A lawyer shall uphold the constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor and integrity of the legal profession. 

As an officer of the court, a lawyer shall uphold the rule of law and conscientiously assist in the speedy and efficient administration of justice. 

As an advocate, a lawyer shall represent the client with fidelity and zeal within the bounds of the law and the CPRA. 

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.

Section 4. Authority of lawyer to bind client. — A lawyer can bind a client in a legal engagement only when so authorized through a written agreement.

The lawyer, however, cannot compromise a client’s litigation, or receive anything in discharge of a client’s claim, without a special power of attorney for such purpose. 

Section 5. Authority of lawyer to appear. — A lawyer is presumed to be properly authorized to represent any cause in which he or she appears, and no written power of attorney is required to authorize him or her to appear in court for the client.

The court, tribunal, or other government agency may, on its own initiative or on motion of either party, on just cause, require a lawyer to produce or prove the authority to appear on behalf of the client. 

Section 6. Fiduciary duty of a lawyer. — A lawyer shall be mindful of the trust and confidence reposed by the client. 

To this end, a lawyer shall not abuse or exploit the relationship with a client.

Section 7. Prohibition against frivolous suits and abuse of court processes. — A lawyer shall not:

(a) file or encourage the filing of any suit or proceeding not authorized by law or jurisprudence and without any evidentiary support;
(b) unduly impede the execution of an order or judgment which is warranted; or
(c) abuse court processes.

Section 8. Lawyer’s duty to encourage settlement. — A lawyer shall encourage the client to avoid, end or settle a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be compromised under the law and will admit of a fair settlement.

To this end, the lawyer shall actively assist the parties and the court, tribunal, or other government agency to effect mediation and/or dispute resolution. 

Section 9. Duty to call client to rectify fraudulent act. — A lawyer who receives information that a client has, in the course of the representation, perpetrated a fraud in relation to any matter subject of the representation before a court, tribunal, or other government agency, or against any officer thereof, shall promptly call upon the client to rectify the same. Such fraudulent act on the part of the client shall be a ground for the termination by the lawyer of the engagement.

Section 10. Responsibility over a subordinate lawyer, paralegal, or employee. — A lawyer or law firm shall be responsible for the mistakes, negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or employee under the lawyer’s direct supervision and control, who is acting within the scope of the assigned tasks, that cause damage or injury which brings dishonor to the profession or violates the rule on confidentiality.

However, such liability of the supervising lawyer does not attach upon proof of exercise of diligence of a good parent of a family in the selection and supervision of subordinate lawyer, paralegal, or employee.

Section 11. Responsibility of a supervisory lawyer over a supervised lawyer. — A supervisory lawyer shall co-sign a pleading or other submission to any court, tribunal, or other government agency with a supervised lawyer. A supervisory lawyer shall be responsible for a violation of the CPRA by the supervised lawyer in any of the following instances:

(a) the supervisory lawyer orders or directs the specific conduct or, with knowledge of the specific conduct, ratifies it; or
(b) the supervisory lawyer knows of such conduct at a time when it could be prevented or its consequences avoided or mitigated, but fails to take reasonable remedial action; or
(c) the supervisory lawyer should have known of the conduct so that reasonable remedial action could have been taken at a time when the consequences of the conduct could have been avoided or mitigated.

A supervisory lawyer is a lawyer having direct supervisory authority over another lawyer, including a supervising lawyer under Rule 138-A of the Rules of Court. 

Section 12. Responsibilities of a supervised lawyer. — A supervised lawyer acting under the direction of the supervising lawyer, managing partner, or other partners of the firm is nevertheless bound by the CPRA.

Section 13. Conflict of interest. — A lawyer shall not represent conflicting interests except by written informed consent of all concerned given after a full disclosure of the facts.

There is conflict of interest when a lawyer represents inconsistent or opposing interests of two or more persons. The test is whether in behalf of one client it is the lawyer’s duty to fight for an issue or claim, but which is his or her duty to oppose for the other client.

Section 14. Prohibition against conflict- of-interest representation; current clients. — In relation to current clients, the following rules shall be observed:

(a) A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security, or other pecuniary interest adverse to a client unless:

(1) it is shown that the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client and are fully disclosed and transmitted in writing in a manner that can be reasonably understood by the client;
(2) the client is advised in writing of the desirability of seeking, and is given a reasonable opportunity to seek, the advice of another independent lawyer on the transaction; and
(3) the client gives written informed consent to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer is representing the client in the transaction.

(b) A lawyer shall not use confidential information relating to representation of a client without the client’s written informed consent, except as permitted or required by law or the CPRA. 

(c) A lawyer shall not, by undue influence, acquire any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer such gift, directly or indirectly. 

(d) Unless with the written informed consent of the client and subject to the application of the sub judice rule, a lawyer shall not make or negotiate an agreement giving the lawyer literary or media rights to a portrayal or account based in substantial part on information relating to the representation. 

(e) A lawyer shall not accept compensation for representing a client from any person other than the client, unless:

(1) the client gives written informed consent;
(2) there is no interference with the lawyer’s independence or professional judgment or with the lawyer-client relationship; or
(3) the information relating to representation of a client is protected as required by the rule on privileged communication.

(f) A lawyer, who represents two or more clients in the same case, in case there is a settlement or plea-bargaining, shall disclose to all the clients the existence and nature of all the claims or pleas involved and the participation of each client in the settlement or plea-bargaining. 

(g) A lawyer shall avoid testifying in behalf of the client, except:

(1) on formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
(2) on substantial matters, in cases where the testimony is essential to the ends of justice, in which event the lawyer must, during the testimony, entrust the trial of the case to another counsel.

Section 15. Conflict of interest of a lawyer hired by a law firm. — When a lawyer joins a law firm, it shall be the duty of the lawyer to disclose to the law firm, at the earliest possible opportunity, his or her previous clients that may have a potential conflict of interest with the current clients of the law firm. If there is a potential conflict of interest, the lawyer shall not act on the case or cases of the affected current client.

Section 16. Prohibition against dating, romantic or sexual relations with a client. — A lawyer shall not have dating, romantic, or sexual relations with a client during the engagement, unless the consensual relationship existed between them before the lawyer-client relationship commenced.

Section 17. Prohibition against conflict-of- interest representation; prospective clients. — In relation to prospective clients, the following rules shall be observed:

(a) A lawyer shall, at the earliest opportunity, ascertain the existence of any conflict of interest between a prospective client and current clients, and immediately disclose the same if found to exist. 

In case of an objection by either the prospective or current client, the lawyer shall not accept the new engagement.

(b) A lawyer shall maintain the private confidences of a prospective client even if no engagement materializes, and shall not use any such information to further his or her own interest, or the interest of any current client.

Section 18. Prohibition against conflict- of-interest representation; former clients. — In relation to former clients, the following rules shall be observed:

(a) A lawyer shall maintain the private confidences of a former client even after the termination of the engagement, except upon the written informed consent of the former client, or as otherwise allowed under the CPRA or other applicable laws or regulations, or when the information has become generally known. 

(b) A lawyer shall not use information relating to the former representation, except as the CPRA or applicable laws and regulations would permit or require with respect to a current or prospective client, or when the information has become generally known. 

(c) Unless the former client gives written informed consent, a lawyer who has represented such client in a legal matter shall not thereafter represent a prospective client in the same or related legal matter, where the prospective client’s interests are materially adverse to the former client’s interests.

Section 19. Corporate lawyers; conflict of interest. — In relation to organizational clients, a lawyer who represents a corporation or any organization does not, by virtue of such representation, necessarily represent any constituent or affiliated organization, such as a parent or subsidiary. 

A lawyer for a corporation or other organization, who is also a member of its board of directors or trustees, shall determine whether the responsibilities of the two roles may conflict. In the event of the latter, the lawyer shall disclose the conflict of interest to all concerned parties. 

Section 20. Legal services organization; conflict of interest. — A legal services organization is any private organization, including a legal aid clinic, partnership, association, or corporation, whose primary purpose is to provide free legal services.

A lawyer-client relationship shall arise only between the client and the handling lawyers of the legal services organization. All the lawyers of the legal services organization who participated in the handling of a legal matter shall be covered by the rule on conflict of interest and confidentiality.

Section 21. Lawyers in government service; conflict of interest. — A lawyer currently serving in the government shall not practice law privately, unless otherwise authorized by the Constitution, the law or applicable Civil Service rules and regulations. If allowed, private practice shall be upon the express authority of the lawyer’s superior, for a stated specified purpose or engagement, and only during an approved leave of absence. However, the lawyer shall not represent an interest adverse to the government.

Section 22. Public Attorney’s Office; conflict of interest. — The Public Attorney’s Office is the primary legal aid service office of the government. In the pursuit of its mandate under its charter, the Public Attorney’s Office shall ensure ready access to its services by the marginalized sectors of society in a manner that takes into consideration the avoidance of potential conflict of interest situations which will leave these marginalized parties unassisted by counsel.

A conflict of interest of any of the lawyers of the Public Attorney’s Office incident to services rendered for the Office shall be imputed only to the said lawyer and the lawyer’s direct supervisor. Such conflict of interest shall not disqualify the rest of the lawyers from the Public Attorney’s Office from representing the affected client, upon full disclosure to the latter and written informed consent.

Section 23. Amicus curiae. — A lawyer shall not decline, without just cause, a request by any court, tribunal, or other government agency to act as amicus curiae in any proceeding relating to the lawyer’s expertise or field of specialization.

Section 24. Active involvement in legal education. — A lawyer shall keep abreast of legal developments, participate in continuing legal education programs, and support efforts to achieve standards of excellence in law schools as well as in the practical training of law students.

In addition, a lawyer shall assist the Integrated Bar of the Philippines, law schools, law alumni associations, law associations, or civic organizations, in educating the public on the law and jurisprudence. 

The IBP Chapters shall provide supervising lawyers to the legal aid clinics in their jurisdiction.

Section 25. Support for legal internship, apprenticeship and training. — To prepare the next generation of lawyers for ethical practice, lawyers shall support legal internship and apprenticeship programs and accept law students for training.

The lawyer shall treat the apprentices as junior colleagues and future counsels, and shall conscientiously supervise them.

Section 26. Prompt payment of membership dues. — A lawyer shall promptly pay the annual membership dues in the Integrated Bar of the Philippines, unless expressly exempt from such payment by law or rules.

Section 27. Confidentiality of privileged communication. — A lawyer shall maintain the confidences of the client, and shall respect data privacy laws. The duty of confidentiality shall continue even after the termination of the lawyer- client engagement.

Section 28. Protecting client confidences. — A lawyer shall not reveal the confidences of the client, including data from the client’s files, except;

(a) When a written informed consent is obtained from the client;
(b) When required by law, such as anti-money laundering statutes, or the Rules of Court;
(c) To the extent necessary, to collect the lawyer’s fees;
(d) In defense of the lawyer, or the lawyer’s employees or associates; or
(e) By judicial order, but only if material.

Section 29. Duty of confidentiality by former lawyers of a law firm. — A lawyer shall continue to be bound by the rule on confidentiality pertaining to clients of his or her previous law office or law firm.

Section 30. Duty of confidentiality of members of a law firm. — A lawyer may disclose the legal matters entrusted by a client of the firm to the partners and associates, as well as paralegals, legal assistants, law clerks, legal researchers, law interns, and other non-legal staff, who are or will be involved in the handling of the client’s account, unless expressly prohibited by the client. 

A lawyer directly entrusted with a client’s confidences shall adopt necessary measures to prevent other members of the law firm, both legal and non-legal, to whom the client’s confidences have been shared, from disclosing or using them, without the written informed consent of the client. 

Section 31. Prohibition against filial disclosure. — A lawyer shall not discuss a client’s confidences even with family members. 

Section 32. Non-disclosure of legal consultation. — A lawyer shall not reveal that he or she has been consulted about a particular case except to avoid possible conflict of interest. 

Section 33. Foreign lawyers. — Foreign lawyers cannot, directly or indirectly, practice law in the Philippines.

Section 34. Active participation in the development of the legal profession. — A lawyer shall participate in the development of the legal system by initiating or supporting efforts in law reform, the improvement of the administration of justice, strengthening the judicial and legal system, and advocacies in areas of special concern such as the environment, indigenous peoples’ rights, human rights, access to justice and good governance. 

Section 35. Limited Legal Services. — Limited Legal Services refer to services for a specific legal incident, with the expectation by the lawyer and the client that the lawyer will not provide continuing legal services in the matter. This includes being appointed as counsel de officio only for arraignment purposes or special appearances to make any court submission, to give advice, to draft legal documents, to provide legal assistance before courts or administrative bodies, and the like. 

In all instances, the lawyer shall state that the service being rendered is in the nature of Limited Legal Services.

A lawyer who renders Limited Legal Services shall be entitled to compensation as may be agreed upon or provided by the Rules of Court.

Section 36. Pro bono Limited Legal Services. — A lawyer appointed by the court as counsel de oficio shall not refuse to render Limited Legal Services pro bono on the ground of conflict of interest. Instead, the lawyer shall disclose to all affected parties such conflict of interest.

In any case, the lawyer may not refuse to render such pro bono legal services to the person concerned if only to the extent necessary to safeguard the latter’s fundamental rights and not to deprive such person of remedies available under the law or rules.

A lawyer currently serving in the government shall not be exempt from pro bono service and may be appointed by any court, tribunal, or other government agency as counsel de officio, unless prohibited by law, or the applicable Civil Service rules and regulations, or when there is a conflict of interest with government.

Section 37. Duty of confidentiality in Limited Legal Services. — A lawyer who provides Limited Legal Services must protect the client’s private confidences to the same extent as if engaged under regular terms. 

Section 38. Termination of Limited Legal Services. — Unless governed by Canon III, Section 36, a lawyer must cease to provide Limited Legal Services to a client when the lawyer becomes aware that there may be an actual or potential conflict of interest, except with the written informed consent of the client.

In all cases, the Limited Legal Services terminates upon the completion of such services.

Section 39. Limited Legal Services of law student practitioners. — The Limited Legal Services rendered by a law student practitioner under the Clinical Legal Education Program shall be governed by the CPRA.

Section 40. Accountability of legal clinic director and supervising lawyer. — A law student clinic director and supervising lawyer, under Rule 138-A of the Rules of Court shall provide meaningful training to law students. They shall assume responsibility for any work performed by the law student while under their supervision and shall comply with all the laws, rules, and guidelines pertaining to Law Student Practice.

Section 41. Fair and reasonable fees. — A lawyer shall charge only fair and reasonable fees.

Attorney’s fees shall be deemed fair and reasonable if determined based on the following factors:

(a) The time spent and the extent of the service rendered or required;
(b) The novelty and difficulty of the issues involved;
(c) The skill or expertise of the lawyer, including the level of study and experience required for the engagement;
(d) The probability of losing other engagements as a result of acceptance of the case;
(e) The customary charges for similar services and the recommended schedule of fees, which the IBP chapter shall provide;
(f) The quantitative or qualitative value of the client’s interest in the engagement, or the benefits resulting to the client from the service;
(g) The contingency or certainty of compensation;
(h) The character of the engagement, whether limited, seasonal, or otherwise; and
(i) Other analogous factors.

Section 42. Division of fees upon referral. — A lawyer shall, in case of referral of legal services in favor of another lawyer with the written informed consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.

Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer, a division or sharing of fees is allowed with the deceased lawyer’s legal heirs or estate. 

Section 43. Non-Sharing of fees with non- lawyers. — A lawyer shall not share, split, or divide or stipulate to divide, directly or indirectly, a fee for legal services with persons or organizations not licensed or authorized to practice law. 

Section 44. Payment of compensation by third party. — A lawyer shall not receive any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation from anyone other than the client, except upon the written informed consent of such client.

Receipt of compensation from someone other than the client must not interfere with the lawyer’s independence, professional judgment, or the lawyer- client relationship. Neither should information relating to representation of a client be disclosed in violation of the rule on privileged communication.

Section 45. Prompt payment of legal fees. — A lawyer is entitled to prompt payment from the client of attorney’s fees.

Absent an express agreement as to professional fees, a lawyer is entitled to be paid reasonable attorney’s fees in accordance with Canon III, Section 41.

Section 46. Controversy over legal fees. — A lawyer shall avoid any controversy with a client concerning fees for legal services and shall resort to judicial action solely to prevent imposition, injustice or fraud.

Section 47. Enforcement of attorney’s lien. — In case of non-payment of attorney’s fees, a lawyer may resort to the enforcement of the attorney’s lien under Canon III, Section 54, by filing a Notice of Enforcement of Attorney’s Lien with the court, tribunal, or other government agency of origin where the action or proceeding the lawyer rendered service for is pending, without prejudice to other remedies under the law or the Rules of Court. The Notice shall be accompanied by proof of the services rendered, and served on the client. The court, tribunal, or other government agency, after hearing, shall determine the lawyer’s entitlement to the claimed fees.

The enforcement of an attorney’s lien shall be treated as an independent claim and shall in no instance delay the resolution of the main case. The resolution of the lawyer’s claim may be included in the main judgment or in a separate partial judgment. In the case of a partial judgment, the same shall be subject of appeal.

An appeal in the main case shall not stay the execution of the lawyer’s lien. In the execution of the judgment in the main case, the court shall give due consideration to the pending claim of the lawyer.

If the claim for attorney’s lien arises after a decision has been rendered by the court, tribunal, or other government agency of origin on the action or proceeding, the claim for the enforcement of the lien shall be by an independent action.

Section 48. Compensation for counsel de oficio. — Subject to availability of funds as may be provided by law, the court may, in its discretion, order a lawyer engaged as counsel de officio to be compensated in such sum as the court may fix following Canon III, Section 41, provided that it is not covered by the provision on Limited Legal Services.

Section 49. Accounting during engagement. — A lawyer, during the existence of the lawyer- client relationship, shall account for and prepare an inventory of any fund or property belonging to the client, whether received from the latter or from a third person, immediately upon such receipt. 

When funds are entrusted to a lawyer by a client for a specific purpose, the lawyer shall use such funds only for the client’s declared purpose. Any unused amount of the entrusted funds shall be promptly returned to the client upon accomplishment of the stated purpose or the client’s demand.

Section 50. Separate funds. — A lawyer shall keep the funds of the clients separate and apart from his or her own and those of others kept by the lawyer. 

Section 51. Prohibition against acquiring interest in object of litigation or transaction. — A lawyer shall not acquire, directly or indirectly, a proprietary interest in the property or rights which is the object of any litigation or transaction in which the lawyer may take part by virtue of the profession.

Section 52. Prohibition on lending and borrowing; exceptions. — During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not be covered by this rule.

Neither shall a lawyer borrow money from a client during the existence of the lawyer-client relationship, unless the client’s interests are fully protected by the nature of the case, or by independent advice. This rule does not apply to standard commercial transactions for products or services that the client offers to the public in general, or where the lawyer and the client have an existing or prior business relationship, or where there is a contract between the lawyer and the client. 

Section 53. Termination of engagement by the lawyer. — A lawyer shall terminate the lawyer- client engagement only for good cause and upon written notice, in any of the following cases:

(a) When the client pursues an illegal or immoral course of conduct in connection with the engagement;
(b) When the client insists that the lawyer pursue conduct that is violative of these Canons and rules;
(c) When the lawyer’s inability to work with a co-counsel will not promote the best interest of the client;
(d) When the moral predisposition or the mental or physical condition of the lawyer renders it difficult to carry out the engagement effectively;
(e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to comply with the retainer agreement, or can no longer be found despite diligent efforts;
(f) When the lawyer is elected or appointed to public office;
(g) Other similar cases.

Section 54. Termination of engagement by the client. — The lawyer-client engagement may be terminated by the client at any time upon loss of trust and confidence.

The termination of the engagement shall not relieve the client from full payment of all professional fees due to the lawyer. If the engagement has been reduced to writing, the lawyer shall be entitled to recover from the client the full compensation stipulated, unless found by the court, tribunal or other government agency to be unconscionable or unreasonable under Canon III, Section 41 of the CPRA. 

For the payment of the compensation, the lawyer shall have a charging lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case where the lawyer’s services had been retained by the client.

Section 55. Termination of engagement upon death. — The death of the lawyer or client shall terminate the lawyer-client relationship. The death of such lawyer shall not extinguish the lawyer-client engagement between the law firm and the client handled by such law firm.

Section 56. Accounting and turn over upon termination of engagement. — A lawyer who is discharged from or terminates the engagement shall, subject to an attorney’s lien, immediately render a full account of and turn over all documents, evidence, funds, and properties belonging to the client.

The lawyer shall cooperate with the chosen successor in the orderly transfer of the legal matter, including all information necessary for the efficient handling of the client’s representation. 

A lawyer shall have a lien upon the funds, documents, and papers of the client which have lawfully come into his or her possession and may retain the same until the fair and reasonable fees and disbursements have been paid, and may apply such funds to the satisfaction thereof.