Legal fees A contract of professional services may either be oral or in

writing. The fee stipulated may be absolute or contingent; it may

Basis for right to attorney’s fees be a fixed percentage of the amount recovered in the action. The
A lawyer has the right to have and recover from his client a fair contract may call for a down payment of a fee per appearance,
and reasonable compensation for his services, except in cases per piece of work, or on an hourly basis. It may also be a
where he has agreed to render service gratuitously or has been combination of the agreements.
appointed counsel de oficio Acceptance fee
Fair and reasonable fees An acceptance fee is generally non-refundable, but such rule
A lawyer shall charge only fair and reasonable fees. presupposes that the lawyer has rendered legal service to his
Guide in determining fair and reasonable fees client. In the absence of such service, the lawyer has no basis for
Attorney’s fees shall be deemed fair and reasonable if retaining complainant's payment.
determined based on following factors: Manners by which attorneys may be paid
1. The time spent and the extent of the service rendered or Payment shall be made upon the filing of the pleading or other
require application, which initiates an action or proceeding. The fees
2. The novelty and difficulty of the issues involved; prescribed shall be paid in full upon filing of the pleading or
3. The skill or expertise of the lawyer, including the level application.
of study and experience required for the engagement. Retaining fee
4. The probability of losing other engagements as a result A retaining fee is a preliminary fee given to an attorney or
of acceptance of the case; counsel to insure and secure his future services, and induce him
5. The customary charges for similar services and the to act for the client.
recommended schedule of fees, which the ibp chapter shall Absolute fee arrangement
provide; An absolute fee arrangement, which entitles a lawyer to be paid
6. The quantitative or qualitative value of the client's for his efforts regardless of the outcome of the litigation.
interest in the engagement, or the benefits resulting to the client Contingency fee arrangement
from the service; A contingent fee arrangement is valid in this jurisdiction and is
7. The contingency or certainty of compensation; generally recognized as valid and binding but must be in an
8. The character of the engagement, whether limited, express contract. The amount of contingent fee agreed upon by
seasonal, or otherwise; and the parties is subject to the stipulation that counsel will be paid
9. Other analogous factors. for his legal services only if the suit or litigation prospers. A
Duty not to charge rates lower than those customarily much higher compensation is allowed as contingent fee in
prescribed, reason; consideration of the risk that the lawyer may get nothing if the
Gr: a lawyer shall not charge rates lower than those customarily suit fails.
prescribed. Champerty
Xpn: when clients are relatives, co-lawyers, or are indigents. An agreement in which a person with no previous interest in a
What the rule prohibits is a competition in the matter of lawsuit finances it with a view to sharing the diputed property if
charging professional fees to attract clients in favor of the the suit succeeds.
lawyer who offers lower rates. The rule does not prohibit a Champertous contract
lawyer from charging a reduced fee or none at all to an indigent. It is one where the lawyer stipulates with his client in the
(comments of the ibp committee) prosecution of the case that he will bear all the expenses for the
Requisites of right to attorney’s fees, recovery of things or property being claimed by the client, and
Proper time for fixing attorney’s fees the latter agrees to pay the former a portion of the thing or
Accrual of attorney’s fees property recovered as compensation.
Requisites for the accrual of attorney’s fees Reason for prohibition of champertous contract
1. Existence of attorney-client relationship; and It is void due to public policy, because it would make him
2. Rendition by the lawyer of services to the client. acquire a stake in the outcome of the
Note: a pauper, while exempted from payment of legal fees is Litigation which might lead him to place his own interest above
not exempted from payment of attorney’s fees. that of the client.
Two concepts of attorney’s fees Written contract of attorney’s fees
Attorney’s fees refer to: (oe) Generally, the amount of attorney’s fees due is that stipulated in
1. In its ordinary concept, the reasonable compensation paid to the retainer agreement which is conclusive as to the amount of
a lawyer by his client for the legal services the former renders; lawyer’s compensation (funa, 2009) unless the stipulated
compensation is paid for the cost and/or results of legal services amount in the written contract is found by the court to be
per agreement or as may be assessed. unconscionable or unreasonable.
2. In its extraordinary concept, attorney's fees are deemed Quantum meruit
indemnity for damages ordered by the court to be paid by the Quantum meruit means “as much as the lawyer deserves” or
losing party to the winning party, as a penalty. “such amount which his services merit.” It is used as basis for
The instances when these may be awarded are enumerated in determining an attorney’s professional fees in the absence of an
article 2208 of the civil code, and are payable not to the lawyer express agreement. The recovery of attorney’s fees on the basis
but to the client, unless the client and his lawyer have agreed of quantum meruit is a device that prevents an unscrupulous
that the award shall accrue to the lawyer as additional or part of client from running away with the fruits of the legal services of
compensation. counsel without paying for it and also avoids unjust enrichment
Contract for attorney’s fees on the part of the attorney himself.
To avoid unjust enrichment to a party from resulting out of a 5. When the lawyer is guilty of fraud or bad faith toward his
substantially performed contract, the principle of quantum client in the matter of his employment;
meruit may be used to determine his compensation in the 6. When the counsel’s services are worthless because of his
absence of a written agreement for that purpose. The principle of negligence;
quantum meruit justifies the payment of the reasonable value of 7. When contract is contrary to law, morals or public policy; and
the services rendered by him. (international hotel corporation v. 8. Serving adverse interest unless the lawyer proves that it was
Joaquin [2003], supra.) with the consent of both parties.
Lawyer-referral system
Instances when measure of quantum meruit may be resorted Under this system, if another counsel is referred to the client,
to and the latter agrees to take him as
1. There is no express contract for payment of attorney’s fees Collaborating counsel, and there is no express agreement on the
agreed upon between the lawyer and the client; payment of attorney’s fees, the said counsel will receive
2. Although there is a formal contract for attorney’s fees, the attorney’s fees in proportion to the work performed and
stipulated fees are found unconscionable or unreasonable by the responsibility assumed. The lawyers and the client may agree
court; upon the proportion but in case of disagreement, the court may
3. The contract for attorney’s fees is void due to purely formal fix the proportional division of fees. (lapeña jr., 2009)
matters or defects of execution; Division of fees upon referral
4. The counsel, for justifiable cause, was not able to finish the The referral of a client by a lawyer to another lawyer does not
case to its conclusion; entitle the former to a commission nor to a portion of
5. Lawyer and client disregard the contract for attorney’s fees; theattorney's fees. It is only when, in addition to referral, he
and performs legal service or assumes responsibility, thus, he will be
6. The client dismissed his counsel before the termination of the entitled to a fee
case. Prohibitions on division of fees
When attorney’s fees are unconscionable This rule makes it improper for a lawyer to receive
Attorney’s fees are unconscionable if they affront one’s sense of compensation for merely recommending another lawyer to his
justice, decency or reasonableness. client, otherwise, it would tend to germinate commercialism and
Rationale behind the rule that the court may reduce destroy proper appreciation of professional responsibility.
unconscionable attorney’s fees Non-sharing of fees with non-lawyers
1. A lawyer is primarily an officer of the court hence fees should A lawyer who is absolutely disqualified from engaging in the
be subject to judicial control; private practice of law by reason of his government position
2. Sound public policy demands that courts disregard may neither practice law nor, should he do so illegally, charge
stipulations for attorney’s fees when they appear to be a source attorney’s fees for such services. The prohibition does not apply
of speculative profit at the expense of the debtor or mortgagor. to the collection of attorney’s fees for services already
(borcena v. Iac, et. Al., g.r. no. 70099, january 7, 1987) performed before the lawyer qualified for the public office even
Note: a trial judge may not order the reduction of the attorney’s though payment for such service is made after the lawyer has
fees on the ground that the attorney is “below average standard qualified for the public office.
of a lawyer.” The opinion of the judge as to the capacity of a Rule on payment of compensation by third party, reason for
lawyer is not a basis of the right to a lawyer’s fees. such rule,
Attorney’s fees as damages Section 44: a lawyer shall not receive any fee, reward, costs,
Attorney's fees are deemed indemnity for damages ordered by commission, interest, rebate or forwarding allowance or other
the court to be paid by the losing party to the winning party, as a compensation from anyone other than the client, except upon the
penalty. (compania maritima, inc. V. Ca, supra) the instances written informed consent of such client.
when these may be awarded are enumerated in article 2208 of
the civil code, and are payable not to the lawyer but to the client, Receipt of compensation from someone other than the client
unless the client and his lawyer have agreed that the award shall must not interfere with the lawyer's independence, professional
accrue to the lawyer as additional or part of compensation. judgment, or the lawyer-client relationship. Neither should
General rule: information relating to representation of a client be disclosed in
Attorney’s fees as damages are not recoverable. An adverse violation of the rule on privileged communication.
decision does not ipso facto justify their award in favor of the
winning party Prompt payment of legal fees
Situations when counsel cannot recover full amount despite Section 45. Prompt payment of legal fees. -· a lawyer is entitled
written contract to prompt payment from the client of attorney's fees. Absent an
1. When the services called for were not performed as express agreement as to professional fees, a lawyer is entitled to
when the lawyer withdrew before the case was finished, he will be paid reasonable attorney's fees in accordance with canon iii,
be allowed only reasonable fees; section 41.
2. When there is a justified dismissal of the attorney, the
contract will be nullified and payment will be on the basis of Lawyers are “entitled to prompt payment from the client of
quantum meruit only. A contrary stipulation will be invalid; attorney’s fees.”
3. When the stipulated attorney’s fees are unconscionable, when
it is disproportionate as compared to the value of services In the absence of the written agreement, the lawyer’s
rendered and is revolting to human conscience; compensation shall be based on quantum meruit, which means
4. When the stipulated attorney’s fees are in excess of what is “as much as he deserved.” The determination of attorney’s fees
expressly provided by law; on the basis of quantum meruit is also authorized “when the
counsel, for justifiable cause, was not able to finish the case to appropriate disciplinary action should he fail to live up to such
its conclusion.” Moreover, quantum meruit becomes the basis of exacting standard, the lawyer in return is given through his
recovery of compensation by the attorney where the Retaining lien v. Charging lien,
circumstances of the engagement indicate that it will be contrary Attorney’s retaining lien
to the parties’ expectation to deprive the attorney of all A retaining lien is the right of an attorney to retain the funds,
compensation. In this case, since respondent was not able to documents and papers of his client who have lawfully come into
fulfill one of the conditions provident in the contract for legal his possession and may retain the same until his lawful fees and
services, his attorney’s fees shall be based on quantum meruit. disbursements have been paid and may apply such funds to the
Controversy over legal fees, satisfaction thereof. (vda. De caiña, et al. V. Victoriano et al.,
Under this section, lawyers are required to “avoid any g.r. no. L-12905, february 26, 1959)
controversy with a client concerning fees for legal services and Note: a lawyer is not entitled to unilaterally appropriate his
shall resort to judicial action solely to prevent imposition, client’s money for himself by the mere fact alone that the client
injustice or fraud.” owes him attorney’s fees. (rayos v. Hernandez, g.r. no. 169079,
How lawyer claim attorney’s fees, february 12, 2007)
1. Same action in which the services of a lawyer had been Elements for the exercise of retaining lien (alu)
rendered; or 1. Attorney-client relationship;
2. In a separate action. 2. Lawful possession by the lawyer of the client’s funds,
documents and papers in his professional capacity; and
With respect to the first situation, the remedy for recovering 3. Unsatisfied claim for attorney’s fees or disbursements.
attorney’s fees as an incident of the main action may be availed Attorney’s charging lien
of only when something is due to the client. Attorney’s fees A charging lien is the right of a lawyer to the same extent upon
cannot be determined until after the main litigation has been all judgments for the payment of money, and executions issued
decided and the subject of the recovery is at the disposition of in pursuance of such judgments which he has secured in a
the court. The issue over attorney’s fees only arises when litigation of his client, from and after the time when he shall
something has been recovered from which the fee is to be paid. have caused a statement of his claim of such lien to be entered
While a claim for attorney’s fees may be filed before the upon the records of the court rendering such judgment, or
judgment is rendered, the determination as to the propriety of issuing such execution, and shall have caused written notice
the fees or as to the amount thereof will have to be held in thereof to be delivered to his client and to the adverse party; and
abeyance until the main case from which the lawyer’s claim for he shall have the same right and power over such judgments and
attorney’s fees may arise has become final. Otherwise, the executions as his client would have to enforce his lien and
determination to be made by the courts will be premature. Of secure the payment of his fees and disbursements. (sec. 37, rule
course, a petition for attorney’s fees may be filed before the 138, rrc)
judgment in favor of the client is satisfied or the proceeds Note: the provision permits the registration of an attorney's lien,
thereof delivered to the client. although the lawyer concerned does not finish the case
When independent civil action to recover attorney’s fees successfully in favor of his client, because an attorney who quits
necessary, or is dismissed before the conclusion of his assigned task is as
much entitled to the protection of the rule. Otherwise, a client
1. Main action is dismissed or nothing is awarded; may easily frustrate its purpose. (palanca v. Pecson, g.r. nos. L-
2. Court has decided that it has no jurisdiction over the action or 6334 and l-6346, february 25, 1954)
has already lost it; Elements for exercise of charging lien (asmocar)
3. Person liable for attorney’s fees is not a party to the main 1. Attorney-client relationship;
action; 2. Legal services was rendered;
4. Court reserved to the lawyer the right to file a separate civil 3. Favorable money judgment secured by the counsel for his
suit for recovery of attorney’s fees; client;
5. Services for which the lawyer seeks payment are not 4. The attorney has a claim for attorney’s fees or advances; and
connected with the subject litigation; 5. A statement of the claim has been duly recorded in the case
6. Judgment debtor has fully paid all of the judgment proceeds with notice thereof served upon the client and the adverse party.
to the judgment creditor and the lawyer has not taken any legal Note: a charging lien, to be enforceable as a security for the
step to have his fees paid directly to him from the judgment payment of attorney’s fees, requires as a condition sine qua non
proceeds; and a judgment for money and execution in pursuance of such
7. Failure to exercise charging lien. judgment secured in the main action by the attorney in favor of
Defenses against action to recover attorney’s fees; his client.
An action for recovery of attorney’s fees is subject to the usual Retaining lien vs. Charging lien
defenses applicable to an ordinary civil suit, such as want of 1. Retaining lien - right of the attorney to retain the funds,
jurisdiction, res judicata, prescription of action, nullity of the documents, and papers of his client which have lawfully come
contract for professional services, negligence in the discharge of into his possession until his lawful fees and disbursements have
the lawyer’s duties, lack of attorney-client relationship, the been paid and to apply such funds to the satisfaction thereof.
amount claimed is unconscionable. 2. Charging lien - right which the attorney has upon all
judgments for the payment of money, and executions issued in
Attorney’s liens, pursuance of said judgments, which he has secured in litigation
Lawyers are required at all times to exert utmost zeal and of his client.
untainted fidelity in upholding his client’s cause and subject to Under this rule, this lien, whether retaining or charging, takes
legal effect only from and after, but not before, notice of said
lien has been entered in the record and served on the adverse The attorney’s lien shall be enforced and “treated as an
party. independent claim and shall in no instance delay the resolution
Retaining lien Charging lien
As to the nature Passive lien. It Active lien. It can
cannot be actively be enforced by
enforced. It is a execution. It is a
general lien. special
Lien.
As to the basis Lawful possession Securing of a
of papers, favorable money
documents, judgment for
property belonging client.
to the client.
of the main case.”
D) resolution
The lawyer’s claim may be resolved by including it “in the main
judgment or in a separate partial judgment.” For partial
judgment, “the same shall be subject of appeal.”
Properties to which attorney’s lien attaches to, E) no staying pending appeal
The general, possessory or retaining lien of an attorney attaches If the main case is appealed, this will “not stay the execution of
to all property, papers, books, documents or securities of the the lawyer’s lien.”
client that lawfully come to the lawyer professionally or in the F) execution
course of his professional employment, not necessarily in When judgment in the main case is for execution, the court is
connection with a particular case but any case or matter handled required to “give due
for the client. It also attaches to the client’s money which comes Consideration to the pending claim of the lawyer.”
into his possession by way of a writ of execution ordered by the Compensation for counsel de officio,
court. It extends to funds collected by the attorney for his client In the absence of a law allowing compensation, the lawyer
in the course of his employment, whether or not upon a designated as counsel de oficio cannot charge the government
judgment or award. nor the indigent litigant for his professional services. The court
However, the retaining lien does not attach to funds, documents may, in its discretion, order an attorney employed as counsel de
and papers which come into the lawyer’s possession in some oficio to be compensated in such sum as the court may
other capacity, such as an agent of the client’s spouse (sarmiento reasonably fix, which shall not be less than p30.00 in any case
v. Montagne, g.r. no. 1110, april 22, 1904), or as a mortgagee or nor more than p50.00 in light felonies; p100.00 in less grave
trustee. It also does not attach to documents introduced as felonies; p200.00 in grave felonies other than capital offenses;
exhibits in court, they being subject to the court’s custody over and p500.00 in capital offenses. (rule 138, sec. 32, roc) the
which it exercises control. compensation for counsel de oficio is not, however, intended as
An attorney may lawfully enforce his retaining lien only against a source of regular income. Lawyers engaged as counsel de
the funds, documents and papers of his client and not against officio are “to be compensated in such sum as the court may fix
those belonging to third persons or to the client’s adversary. following canon iii, section 41, provided that it is not covered by
Enforcement of attorney’s lien, the provision on limited legal services.”
Under this rule, this lien, whether retaining or charging, takes The compensation for counsel de officio is subject to:
legal effect only from and after, 1) availability of funds as may be provided by law; and
But not before, notice of said lien has been entered in the record 2) discretion of the court who made the appointment.
and served on the adverse
Party; Accounting during engagement,
1) main case Section 49. Accounting during engagement. – a lawyer, during
A) notice of enforcement of attorney’s lien the existence of the lawyer-client relationship, shall account for
Under this section, for non-payment of attorney’s fees by and prepare an inventory of any fund or property belonging to
clients, lawyers may resort “to the enforcement of the attorney’s the client, whether received from the latter or from a third
lien under canon iii, section 54, by filing a notice of enforcement person, immediately upon such receipt.
of attorney’s lien with the court, tribunal, or other government When funds are entrusted to a lawyer by a client for a specific
agency of origin where the action or proceeding the lawyer purpose, the lawyer shall use such
rendered service for is pending, without prejudice to other Funds only for the client’s declared purpose. Any unused
remedies under the law or the rules of court.” amount of the entrusted funds shall be promptly returned to the
B) proof of services rendered, service to client client upon accomplishment of the stated purpose or the client’s
The notice shall be accompanied by proof of the services demand.
rendered, and served on the client. The court, tribunal, or other a. Duty to account and prepare inventory
government agency, after hearing, shall determine the lawyer’s During the lawyer-client relationship, and immediately upon
entitlement to the claimed fees. receipt, lawyers are required to “account for and prepare an
C) treated as an independent claim inventory of any fund or property belonging to the client,
whether received from the latter or from a third person.”
[t]he failure of a lawyer to render an account of any money
received from a client and deliver the same to such client when
due or upon demand, is a breach of the said rule; and, that a lawyer for a specific purpose but not used for the purpose should
lawyer is liable for gross misconduct for his failure to return or be immediately returned. A lawyer’s failure, to return upon
repay money due to another person upon demand, even in the demand, the funds held by him on behalf of his client gives rise
absence of an attorney-client relationship between them. to the presumption that he has appropriated the same for his own
use in violation of the trust reposed in him by his client. Such act
Once money or property is received by a lawyer on behalf of his is a gross violation of general morality as well as of professional
client, the former has the obligation to account for the said ethics. It impairs public confidence in the legal profession and
money or property and remit the same immediately to the latter. deserves punishment.
To ignore consecutive follow-ups and demands from the client
without any acceptable reason corrodes the client’s trust and C. Prohibited acts
stains the legal profession. [u]sing a client’s funds for the lawyer’s personal use and
depositing the same in his personal
A lawyer is a trustee of all client’s funds and properties, which Account is prohibited. (aguilar-dyquiangco v. Arellano [2016],
may come into his possession. supra.)
1) gross violation
The failure to render an accounting upon demand deserves Lawyers who misappropriate the funds entrusted to them are in
administrative sanctions. gross violation of professional ethics and are guilty of betrayal
of public confidence in the legal profession.
The relationship between a lawyer and his client is highly Those who are guilty of such infraction may be disbarred or
fiduciary and prescribes on a lawyer a great fidelity and good suspended indefinitely from the practice of law. (espiritu v. Ulep
faith. The highly fiduciary nature of this relationship imposes [2005], supra.)
upon the lawyer the duty to account for the money or property [t]he failure of a lawyer to render an account of any money
collected or received for or from his client. Thus, a lawyer’s received from a client and deliver the same to such client when
failure to return upon demand the funds held by him on behalf of due or upon demand, is a breach of the said rule; and, that a
his client, as in this case, gives rise to the presumption that he lawyer is liable for gross misconduct for his failure to return or
has appropriated the same for his own use in violation of the repay money due to another person upon demand, even in the
trust reposed in him by his client. Such act is a gross violation of absence of an attorney-client relationship between them.
general morality, as well as of professional ethics. (egger v.
Duran, a.c. no. 11323, september 14, 2015, per perlas-bernabe, Separate funds,
j.) Section 50. Separate funds. -a lawyer shall keep the funds of
1) failure to account is misappropriation the clients separate and apart from his or her own and those of
A lawyer shall account for all money or property collected or others kept by the lawyer.
received for or from the client. The duty to render an accounting
is absolute. The failure to do so upon demand amounts to 1. Separate funds.
misappropriation which is a ground for disciplinary action not to Lawyers are required to “keep the funds of the clients separate
mention the possible criminal prosecution. and apart from his or her own and those of others kept by the
2) presumption on misappropriation lawyer.” U]sing a client’s funds for the lawyer’s personal use
[a] lawyer’s failure to return upon demand the funds or property and depositing the same in his personal account is prohibited.
held by him on behalf of his client gives rise to the presumption
that he has appropriated the same for his own use to the [a] lawyer is obliged to hold in trust money of his client that
prejudice of, and in violation of the trust reposed in him by, his may come to his possession. As trustee of such funds, he is
client. It is a gross violation of general morality as well as of bound to keep them separate and apart from his own. Money
professional ethics; it impairs the public confidence in the legal entrusted to a lawyer for a specific purpose such as for the filing
profession and deserves punishment. and processing of a case if not utilized, must be returned
immediately upon demand. Failure to return gives rise to a
B. Funds for a specific purpose presumption that he has misappropriated it in violation of the
If lawyers are entrusted by clients with funds “for a specific trust reposed on him. And the conversion of funds entrusted to
purpose,” lawyers are obligated to “use such funds only for the him constitutes gross violation of professional ethics and
client’s declared purpose.” betrayal of public confidence in the legal profession.
Lawyers shall return to the client any unused amount once the
stated purpose or the client’s emand has been duly Prohibition against acquiring interest in object of
accomplished. litigation/transaction,
Where a client gives money to his lawyer for a specific purpose, Section 51. Prohibition against acquiring interest in object of
such as: to file an action, to appeal an adverse judgment, to litigation or transaction. -. A lawyer shall not acquire, directly
consummate a settlement, or to pay a purchase price for a parcel or indirectly, a proprietary interest in the property or rights
of land, the lawyer, upon failure to spend the money entrusted to which is the object of any litigation or transaction in which the
him or her for the purpose, must immediately return the said lawyer may take part by virtue of the profession
money entrusted by the client. Property
The relationship between a lawyer and his client is highly Pursuant to canon 16 of the cpr. Furthermore, article 1491 of the
fiduciary and prescribes on a lawyer great fidelity and good civil code states that: the following persons cannot acquire or
faith. The highly fiduciary nature of this relationship imposes purchase, even at public or judicial auction, either in person or
upon the awyer the duty to account for the money or property through the mediation of another.
collected or received for or from his client. Money entrusted to a
(5) lawyers, with respect to the property and rights which may ( c) when the lawyer's inability to work with a co~counsel will
be the object of any litigation in which they take part by virtue not promote the best interest of the client;
of their profession.” (see ncc) ( d) when the moral predisposition or the mental or physical
Note: this prohibition is entirely independent of fraud and such condition of the lawyer renders it difficult to carry out the
need not be alleged or proven. Art. 1491 (5) of the ncc applies engagement effectively;
only if the sale or assignment of the property takes place during ( e) when the client deliberately fails to pay the fees for the
the pendency of the litigation involving the client’s property. lawyer's services, fails to comply with the retainer agreement, or
Elements of prohibition, can no longer be found despite diligent efforts;
(f) when the lawyer is elected or appointed to public office;
Matters where the prohibition is applicable, (g) other similar cases.
The prohibitions in the two preceding articles are applicable to
sales in legal redemption, compromises and renunciations. 1. Termination of engagement by the lawyer
Matters where prohibition is inapplicable, A. Grounds for termination of engagement by a lawyer
The prohibition against acquisition of a client's property does Lawyers are required to “terminate the lawyer-client
not apply when the subject property is not involved in litigation engagement only for good cause and upon written notice, in any
and when the relationship between the parties is not of a lawyer of the following cases”:
and a client but one of business partners. 1) when the client pursues an illegal or immoral course of
Prohibition on lending and borrowing and its exceptions; conduct in connection with the engagement;
Section 52. Prohibition on lending and borrowing;exceptions. 2) when the client insists that the lawyer pursue conduct that is
- during the existence of the lawyer-client relationship, a lawyer violative of these canons and rules;
shall not lend money to a client, except under urgent and 3) when the lawyer’s inability to work with a co-counsel will not
justifiable circumstances. Advances for professional fees and promote the best interest of the client;
necessary expenses in a legal matter the lawyer is handling for a 4) when the moral predisposition or the mental or physical
client shall not be covered by this rule. Neither shall a lawyer condition of the lawyer renders it difficult to carry out the
borrow money from a client during the existence of the lawyer- engagement effectively;
client relationship, unless the client's interests are fully protected 5) when the client deliberately fails to pay the fees for the
by the nature of the case, or by independent advice. lawyer’s services, fails to comply with the retainer agreement, or
This rule does not apply to standard commercial transactions for can no longer be found despite diligent efforts;
products or services that the client offers to the public in general, 6) when the lawyer is elected or appointed to public office;
or where the lawyer and the client have an existing or prior 7) other similar cases.
business relationship, or where there is a contract between the
lawyer and the client. 1) client pursues illegal or immoral course of conduct
Lawyers should terminate the lawyer-client engagement when
A lawyer who takes advantage of his client’s financial plight to “the client pursues an illegal or immoral course of conduct in
acquire the latter’s properties for his own benefit is of the connection with the engagement.”
confidence of the public in the fidelity, honesty and integrity of 2) client insists that lawyer pursue conduct violative of cpra
the legal profession. Lawyers are duty-bound to follow the cpra. Thus, lawyers are
Prohibition from borrowing money from client required to terminate the lawyer-client engagement if clients
Gr: a lawyer is not allowed to borrow money from his client. insist that the lawyers pursue conduct or an objective that would
Xpn: the client’s interests are fully protected by the nature of result in cpra violations. While lawyers owe fidelity and loyalty
the case or by independent advice. to clients, it should not be to the extent that it will result in
Prohibition of lending money to client breaking the rules. After all, lawyers are first and foremost,
Gr: a lawyer is not allowed to lend money to his client. officers of the court.
Xpn: when in the interest of justice, he has to advance necessary 3) inability to work with a co-counsel
expenses in a legal matter he is handling for the client. (rule The client’s best interest should be given priority. Thus, lawyers
16.04, cpr) who are unable to work well with a co-counsel should terminate
their lawyer-client engagement to “promote the best interest of
Note: the prohibition from lending is intended to assure the the client.”
lawyer’s independent professional judgment, for if the lawyer 4) moral predisposition or the mental or physical condition of
acquires a financial interest in the outcome of the case, the free the lawyer
exercise of his judgment may be adversely affected. Lawyers should terminate the lawyer-engagement if it difficult
Note: the principle behind rule 16.04 is to prevent the lawyer to carry out the engagement effectively due to any of the
from taking advantage of his influence over the client or to following:
avoid acquiring a financial interest in the outcome of the case. 1) moral predisposition;
Good causes for termination of engagement, by the lawyer 2) mental condition; or
Section 53. Termination of engagement by the lawyer. –a 3) physical condition.
lawyer shall terminate the lawyer-client engagement only for 5) client deliberately fails to pay fees, comply with the retainer
good cause and upon written notice, in any of the following agreement, or can no longer be found
cases:
(a) when the client pursues an illegal or immoral course of Lawyers should terminate the engagement when:
conduct in connection with the engagement; 1) the client deliberately fails to pay the fees for the lawyer’s
(b) when the client insists that the lawyer pursue conduct that is services;
violative of these canons and rules; 2) the client fails to comply with the retainer agreement; or
3) the client can no longer be found despite diligent efforts. of the court; and (2) the lawyer caused a written notice to such
4) lawyer is elected or appointed to public office effect to be delivered to his client and to the adverse party.
5) the lawyer-client relationship may be terminated when Logically, it would, be absurd to charge or enforce a lien
lawyers are elected or appointed to public office. without judgment or resolution of the case as there is absence of
6) in general, lawyers in government service are prohibited from basis for the determination of the legal fees. (dominguez v. Bank
engaging in the private practice of law subject to certain of commerce, g.r. no. 225207, september 29, 2021, per
exceptions. hernando, j.)
7) other similar cases. As a security for his fees, rule 138, section 37 of the rules of
court grants an attorney an equitable right to a charging lien over
The above-mentioned list is not exhaustive as it provides for money judgments he has secured in litigation for his client. For
other similar cases. It is submitted that a client who has the lien to be enforceable, the attorney must have caused: (1) a
threatened or actually committed a crime against a lawyer may statement of his claim to be entered in the record of the case
be considered as a similar case. Of course, this would be decided while the court has jurisdiction over the case and before the full
on a case-bycase basis and will depend on the extent that such satisfaction of the judgment; and (2) a written notice of his claim
can be proven. to be delivered to his client and to the adverse party. (navarez v.
By the client, Abrogar iii, g.r. no. 191641,
Section 54. Termination of engagement by the client. – the
lawyer-client engagement may be terminated by the client at Upon death of client or lawyer,
any time upon loss of trust and confidence. The termination
of the engagement shall not relieve the client from full Section 55. Termination of engagement upon death. – the
payment of all professional fees due to the lawyer. If the death of the lawyer or client shall terminate the lawyer-
engagement has been reduced to writing, the lawyer shall be client relationship. The death of such lawyer shall not
entitled to recover from the client the full compensation extinguish the lawyer- client engagement between the law
stipulated, unless found by the court, tribunal or other firm and the client handled by such law firm. (2023 code of
government agency to be unconscionable or unreasonable professional responsibility and accountability or cpra)
under canon iii, section 41 of the cpra. 1. Termination of engagement upon death
For the payment of the compensation, the lawyer shall have A. Death of a lawyer or client
a charging lien upon all judgments for the payment of Under this section, the death of a lawyer or client results in the
money, and executions issued in pursuance of such termination of the lawyerclient relationship.
judgment, rendered in the case where the lawyer’s services 1) death of a lawyer
had been retained by the client. (2023 code of professional If a lawyer dies, and he/she does not belong to a law firm
responsibility and accountability or cpra) partnership, it is incumbent upon the client to duly notify the
1. Termination of engagement by the client court of this circumstance.
A. Client’ right to terminate engagement 2) death of a client
Under this section, clients are allowed to terminate the lawyer- Under the rules, it is the duty of the attorney for the deceased
client engagement “at any time upon loss of trust and defendant to inform the court of his client’s death and to furnish
confidence.” the court with the names and residences of the executor,
B. Client’s duty to pay for legal fees administrator, or legal representative of the deceased. (regoso v.
While the client may terminate the engagement any time, this Ca, g.r. no. 91879, july 6,
does “not relieve the client from full payment of all professional 1992, per griño-aquino, j.)
fees due to the lawyer.” The rules operate on the presumption that the attorney for the
 If in writing deceased party is in a better position than the attorney for the
If there is a written engagement, lawyers are “entitled to recover adverse party to know about the death of his client and to inform
from the client the full compensation stipulated.” the court of the names and addresses of his legal representative
A) exception or representatives.
The rule on lawyers being entitled to recover full compensation A) substitution
as stipulated in writing is subject to this exception: [a] deceased party may be substituted by his heirs, but it must be
emphasized that substitution may only be allowed in actions that
 Unless found by the court, tribunal or other government survive the death of a party thereto… [t]he determination of
agency to be unconscionable or unreasonable under canon iii, whether an action survives the death of a party depends on the
section 41 of the cpra nature of the action and the damage sued for. (torres v. Rodellas,
C. Charging lien g.r. no. 177836, september 4, 2009, per chico-nazario, j.)
To ensure payment of the legal fees, lawyers have a “charging In the causes of action which survive the wrong complained
lien upon all judgments for the payment of money, and affects primarily and principally property and property rights,
executions issued in pursuance of such judgment, rendered in the injuries to the person being merely incidental, while in the
the case where the lawyer’s services had been retained by the causes of action which do not survive the injury complained of
client.” is to the person, the property and rights of property affected
The above-mentioned attorney’s lien refers to a charging lien, being incidental.
as opposed to a retaining lien. [a]ttorney’s lien [specifically a
charging lien] attaches on all money judgments and on the B. Law firm and the client
subsequent execution thereof which the lawyer secured in However, if the engagement is between a law firm and a client,
advocating the cause of his client in a litigation, provided that the death of the handling lawyers does not result in the
(1) the lawyer caused the registration of his lien on the records
extinguishment of the lawyer-client engagement between the
law firm and the client.

Necessity of notice of discharge, Accounting and turn over upon termination;

As between a client and his attorney – no formal notice of Section 56. Accounting and turn over upon termination of
discharge by the client to his/her attorney is necessary. Any act engagement. – a lawyer who is discharged from or
of the client indicating an unmistakable purpose to terminate the terminates the engagement shall, subject to an attorney’s
relation is sufficient. lien, immediately render a full account of and tum over all
As between the court and the adverse party – a notice of documents, evidence, funds, and properties belonging to the
discharge or a manifestation clearly indicating that purpose must client.
be filed by the client with the court and a copy thereof served The lawyer shall cooperate with the chosen successor in the
upon the adverse party. Until such is fulfilled, the lawyer orderly transfer of the legal matter, including all
continues to be the counsel in the case. information necessary for the efficient handling of the
client’s representation.
Procedure for termination of engagement by lawyer, A lawyer shall have a lien upon the funds, documents, and
Procedure for withdrawal of services papers of the client which have lawfully come into his or her
1. File a petition for withdrawal in court; possession and may retain the same until the fair and
2. Serve a copy of his petition upon his client and the adverse reasonable fees and disbursements have been paid, and may
party at least 3 days before the date set for hearing; apply such funds to the satisfaction thereof. (2023 code of
3. Present his petition well in advance of the trial of the action to professional responsibility and accountability or cpra)
enable the client to secure the services of another lawyer; and, 1. Accounting and turn over upon termination of
Engagement
4. If the application is filed under circumstances that do not
A. Render a full account and turn over
afford a substitute counsel sufficient time to prepare for trial or
Under this section, and subject to an attorney’s lien, lawyers
that work prejudice to the client’s cause, the court may deny his
who are discharged from or terminates the engagement are
application and require him to conduct the trial.
required to “immediately render a full account of and tum over
all documents, evidence, funds, and properties belonging to the
client.”
Duty of lawyer upon death, incapacity, incompetence of
B. Cooperate with the next lawyer
party represented,
Thereafter, lawyers are required to “cooperate with the chosen
It is the duty of a lawyer to inform the court, within 30 days, of
successor in the orderly transfer of the legal matter, including all
the death of his client in a pending case and if the claim is not
information necessary for the efficient handling of the client’s
extinguished by death, of the name of the deceased’s
representation.”
representatives, so that substitution can be made. If there is no
C. Retaining lien
notice made, the court will proceed as if the party is alive and its
Lawyers have the right to “a lien upon the funds, documents,
decision thereon is binding upon the heirs of the deceased. (heirs
and papers of the client which have lawfully come into his or her
of elias lorilla v. Ca., g.r. no. 118655, april 12, 2000)
possession and may retain the same until the fair and reasonable
It is also the lawyer’s duty to inform the court of any change of
fees and disbursements have been paid, and may apply such
his address. Such duty is part of a lawyer’s obligation to assist in
funds to the satisfaction thereof.”
the early termination of the case. Failure on the lawyer’s part
The above-mentioned attorney’s lien refers to a retaining lien,
will result in the binding effect of service done at the lawyer’s
as opposed to a charging lien.
unchanged address of record
Change or substitution of counsel;
Conditions for substitution of counsel
Whenever a party to a pending action dies, and the claim is not
1. Written application;
thereby extinguished, it shall be the duty of his counsel to
2. Written consent of the client; and
inform the court within thirty (30) days after such death of the
3. Written consent of the attorney to be substituted, or in the
fact thereof, and to give the name and address of his legal
absence thereof, proof of service of notice of said motion to the
representative or representatives. Failure of counsel to comply
attorney to be substituted in the manner prescribed by the rules.
with his duty shall be a ground for disciplinary action.
The heirs of the deceased may be allowed to be substituted for
Defective substitution and effects thereof
the deceased, without requiring the appointment of an executor
A substitution which does not comply with all of its
or administrator and the court may appoint a guardian ad litem
requirements is defective. Hence, the appearance of new counsel
for the minor heirs.
and his taking over the active conduct of the litigation neither
The court shall forthwith order said legal representative or
operates to effect a change of counsel nor to terminate the
representatives to appear and be substituted within a period of
latter’s authority.
thirty (30) days from notice.
If no legal representative is named by the counsel for the
Competence and diligence,
deceased party, or if the one so named shall fail to appear within
the specified period, the court may order the opposing party, A lawyer professionally handling a client's cause shall, to the
within a specified time to procure the appointment of an best of his or her ability, observe competence, diligence,
executor or administrator for the estate of the deceased and the commitment, and skill consistent with the fiduciary nature of the
latter shall immediately appear for and on behalf of the lawyer-client relationship, regardless of the nature of the legal
deceased. The court charges in procuring such appointment, if matter or issues involved, and whether for a fee or pro bona.
defrayed by the opposing party, may be recovered as costs.
Diligence is the attention and care required of a person in a Competent, efficient & conscientious service,
given situation and is the opposite of negligence. It is axiomatic Section 1. Competent, efficient and conscientious service. – a
in the practice of law that the price of success is eternal lawyer shall provide legal service that is competent, efficient,
diligence to the cause of the client. and conscientious. A lawyer shall be thorough in research,
By accepting a retainer, a lawyer implies that he: preparation, and application of the legal knowledge and
1. Possesses the requisite degree of learning, skill and ability skills necessary for an engagement. (2023 code of
which is necessary to the practice of his profession and which professional responsibility and accountability or cpra)
other similarly situated possess; Under this section, lawyers are required to “provide legal service
2. Will exert his best judgment in the prosecution or defense of that is competent, efficient, and conscientious.”
the litigation entrusted to him; Every case a lawyer accepts deserves his full attention,
3. Will exercise reasonable and ordinary care and diligence in diligence, skill and competence, regardless of its importance,
the use of his skill and in the application of his knowledge to his and whether he accepts it for a fee or for free. A lawyer should
client's cause; serve his client in a conscientious, diligent and efficient manner;
4. Will take such step as will adequately safeguard his client's and he should provide a quality of service at least equal to that
interest. which he, himself, would expect of a competent lawyer in a like
Diligence in handling case situation. By agreeing to be his client’s counsel, he represents
The lawyer is expected to employ all reasonable steps in the that he will exercise ordinary diligence or that reasonable degree
ordinary care of his client. A lawyer must exercise that degree of care and skill demanded by the character of the business he
of vigilance and attention expected of a good father of a family. undertakes to do, to protect the client’s interests and take all
(phil. Bank of commerce v. Aruego, ca-g.r. no. 28274, june 18, steps or do all acts necessary therefor; and his client may
1965) he is not bound to exercise extraordinary diligence. reasonably expect him to discharge his obligations diligently.
(pajarillo v. Wcc, g.r. no. L-42927, january 28, 1980) what (uy v. Tansinsin, a.c. no. 8252, july 21, 2009, per nachua, j.)
amounts to carelessness or negligence in the lawyer’s discharge The moment the lawyer-client relationship commences, the
of his duty depends upon the circumstances of the case. relationship of the lawyer and the client becomes imbued with
The attorney's duty to safeguard the client's interests commences trust and confidence. Thereupon, the lawyer is bound to serve
from his retainer until his effective release from the case or the his or her clients with full competence, and to attend to their
cause with utmost diligence, care and devotion. In accordance
final disposition of the whole subject matter of the litigation.
with this highly fiduciary relationship, the client expects the
Scope of duty, lawyer to be always mindful of the former’s cause and to be
Scope of diligence diligent in handling
Case law further illumines that a lawyer’s duty of competence His or her legal affairs. (katipunan, jr. V. Carrera, a.c. no.
and diligence includes not merely reviewing the cases entrusted 12661, february 19, 2020, per lazaro- javier, j.)
to the counsel’s care or giving sound legal advice, but also A lawyer should serve his client in a conscientious, diligent and
consists of properly representing the client before any court or efficient manner; and he should provide a quality of service at
tribunal, attending scheduled hearings or conferences, preparing least equal to that which lawyers generally would expect of a
and filing the required pleadings, prosecuting competent lawyer in a like situation. By agreeing to be his
The handled cases with reasonable dispatch, and urging their client’s counsel, he represents that he will exercise ordinary
termination without waiting for the client or the court to prod diligence or that reasonable degree of care and skill having
him or her to do so. (de saldivar v. Cabanes, jr., a.c. no. 7749, reference to the character of the business he undertakes to do, to
july 08, 2013, per perlas-bernabe, j.) protect the client’s interests and take all steps or do all acts
Lawyers are expected to exercise the necessary diligence and necessary therefor, and his client may reasonably expect him to
competence in managing cases entrusted to them. They commit discharge his obligations diligently. (villaflores v. Limos, a.c.
not only to review cases or give legal advice, but also to no. 7504, november 23, 2007, per chico-nazario, j.)
represent their clients to the best of their ability without need to The lawyer should serve his client in a conscientious, diligent
be reminded by either the client or the court. The expectation to and efficient manner and he should provide a quality of services
maintain a high degree of legal proficiency and attention at least equal to that which lawyers generally would expect of a
remains the same whether the represented party is a high-paying competent lawyer in the like situation. By agreeing to be his
client or an indigent litigant. (ramirez v. Buhayang-margallo, en client’s counsel, he represents that he will exercise ordinary
banc, a.c. no. 10537, february 3, 2015, per leonen, j.) diligence or that reasonable degree of care and skill having
Diligence required in handling case, reference to the character of the business he undertakes to do, to
The lawyer is expected to employ all reasonable steps in the protect the client’s interests and take all steps or do all acts
ordinary care of his client. A lawyer must exercise that degree necessary therefor, and his client may reasonably expect him to
of vigilance and attention expected of a good father of a family. discharge his obligations diligently. (sps. Adecer v. Akit, a.c. no.
(phil. Bank of commerce v. Aruego, ca-g.r. no. 28274, june 18, 4809, per tinga,
1965) he is not bound to exercise extraordinary diligence.
(pajarillo v. Wcc, g.r. no. L-42927, january 28, 1980) what Undertaking legal service,
amounts to carelessness or negligence in the lawyer’s discharge A lawyer shall not undertake a legal service which he knows or
of his duty depends upon the circumstances of the case. should know that he is not qualified to render. However, he may
The attorney's duty to safeguard the client's interests commences render such service if, with the consent of his client, he can
from his retainer until his effective release from the case or the obtain as collaborating counsel a lawyer who is competent on
final disposition of the whole subject matter of the litigation. the matter.
Presumption of regularity, When accepting professional employment, a lawyer must be
knowledgeable, competent and skillful to handle the case. The
lawyer’s acceptance is an implied representation that he Gr: client is bound by attorney’s conduct, negligence and
possesses the academic learning, skill, and ability to handle the mistake in handling a case or in the management of litigation
case. and in procedural technique, and he cannot complain that the
A new counsel, who enters his appearance in midstream, has the result might have been different had his lawyer proceeded
duty not only to thoroughly study the case, but also to inquire as differently.
to the status of the case.
Xpns: (lipig)
Collaborating counsel,
1. Lack of acquaintance with technical aspect of procedure;
One who is subsequently engaged to assist a lawyer already 2. When adherence thereto results in outright deprivation of
handling a particular case for a client. (pineda, 2009) client’s liberty or property or where interest of justice so
Note: the handling lawyer cannot just take another counsel requires;
without the consent of the client. The new lawyer on the other 3. Where error by counsel is purely technical which does not
hand cannot just enter his appearance as collaborating counsel substantially affect client’s cause;
without the conformity of the first counsel. 4. Ignorance, incompetence, or inexperience of lawyer is so
Comfortable workload, great and error so serious that client, who has a good cause, is
Diligence & punctuality, prejudiced nd denied a day in court; and
Section 3. Diligence and punctuality. – a lawyer shall 5. Gross negligence of lawyer.
diligently and seasonably act on any legal matter entrusted
by a client.
Lawyer’s conflict in trial dates,
A lawyer shall be punctual in all appearances, submissions
of pleadings and documents before any court, tribunal or Gr: client is bound by attorney’s conduct, negligence and
other government agency, and all matters professionally mistake in handling a case or in the management of litigation
referred by the client, including meetings and other and in procedural technique, and he cannot complain that the
commitments. (2023 code of professional responsibility and result might have been different had his lawyer proceeded
accountability or cpra) differently.
1. Diligence and punctuality
A. Diligence Requisites of gross negligence,
Under this section, lawyers are required to “diligently and Command responsibility in law firm practitioners,
seasonably act on any legal matter entrusted by a client.” Diligence in all undertakings,
It is a hornbook principle that a lawyer’s duty of competence Section 4. Diligence in all undertakings. – a lawyer shall
and diligence includes, not merely reviewing the cases entrusted observe diligence in all professional undertakings, and shall
to his care or giving sound legal advice, but also consists of not cause or occasion delay in any legal matter before any
properly representing the client before any court or tribunal, court, tribunal, or other agency.
attending scheduled hearings or conferences, preparing and A lawyer shall appear for trial adequately familiar with the
filing the required pleadings, prosecuting the handled cases with law, the facts of the case, and the evidence to be presented. A
reasonable dispatch, and urging their termination even without lawyer shall also be ready with the object and documentary
prodding from the client or the court. (padilla v. Samson, en evidence, as well as the judicial affidavits of the witnesses,
banc, a.c. no. 10253, august 22, 2017, per peralta, j.) when required by the rules or the court. (2023 code of
Clients are led to expect that lawyers would always be mindful professional responsibility and accountability or cpra)
of their cause and, accordingly, exercise the required degree of 1. Diligence in all undertakings
diligence in handling their affairs. On the other hand, the lawyer A. Observe diligence
is expected to maintain, at all times, a high standard of legal Under this section, lawyers are required to “observe diligence in
proficiency, and to devote his full attention, skill, and all professional undertakings.”
competence to the case, regardless of its importance and whether An attorney is bound to protect his client’s interest to the best of
or not he accepts it for a fee. To this end, he is enjoined to his ability and with utmost diligence. (sps. Antonio v. Reyes,
employ only fair and honest means to attain lawful objectives. a.c. no. 4676, may 04, 2006, per chico-nazario, j.)
(padilla v. Samson [2017], supra.) B. No causing delay
Further, lawyers are prohibited from causing or occasioning
B. Punctuality “delay in any legal matter before any court, tribunal, or other
Lawyers are required to “be punctual in all appearances, agency.” Once a judgment becomes final and executory, the
submissions of pleadings and documents before any court, prevailing party should not be denied the
tribunal or other government agency, and all matters Fruits of his victory by some subterfuge devised by the losing
professionally referred by the client, including meetings and party. Unjustified delay in the enforcement of a judgment sets at
other commitments.” naught the role of courts in disposing justiciable controversies
As punctuality is a virtue, absenteeism and tardiness are with finality. (montehermoso v. Batuto, g.r. no. 246553,
impermissible. december 02, 2020, per \
Effect of counsel’s negligence, C. Appear prepared for trial
General rule: a client is bound by the negligence of his/her When appearing for trial, lawyers are required:
lawyer. 1) to be adequately familiar with the law, the facts of the case,
Exception: when the negligence of counsel is so gross that the and the evidence to be presented; and
client is deprived of due process. 2) to be ready with the object and documentary evidence, as well
as the judicial affidavits of the witnesses, when required by the
rules or the court.
Instances when client is not bound by lawyer’s negligence,
1) failure to file pre-trial brief Buhayang-margallo, en banc, a.c. no. 10537, february 3, 2015,
The importance of filing a pre-trial brief cannot be gainsaid. For per leonen, j.)
one, the lawyers are compelled to prepare their cases in advance. This information asymmetry is even more pronounced in an
They eliminate haphazard preparation. Since pre-trial is a attorney client relationship. Lawyers are expected not only to be
serious business of the court, preparation of the lawyers and familiar with the minute facts of their cases but also to see their
parties for the pretrial in both questions of fact and of law cannot relevance in relation to their causes of action or their defenses.
be overemphasized as an essential requirement for a pre-trial The salience of these facts is not usually patent to the client. It
conference. They enable both parties to view the documentary can only be seen through familiarity with the relevant legal
evidence of the other even before they are presented in court. provisions that are invoked with their jurisprudential
They enable the parties to know the testimonies of each other’s interpretations. More so with the intricacies of the legal
witnesses. Pre-trial briefs also apprise the courts of the procedure. It is the lawyer that receives the notices and must
additional points the parties are willing to stipulate upon, or the decide the mode of appeal to protect the interest of his or her
additional points which could be inquired into for the purpose of client
additional stipulations. They also apprise the court of the 2) explain dismissal of a case
respective demands of the parties, thus, enabling the court to It is not enough that lawyers inform their clients of the dismissal
discuss more intelligently an amicable settlement between or of the case. It is also the lawyer’s duty to give information as to
among the parties. The failure to submit a pre-trial brief could why the case was dismissed. To be clear, a lawyer need not wait
very well, then, be fatal to the case of the client as in fact it is a for their clients to ask for information but must advise them
ground for dismissal of the case. (sps. Antonio v. Reyes [2006], without delay about matters essential for them to avail of legal
supra.) remedies. A lawyer so engaged to represent a client bears the
responsibility of protecting the latter’s interest with utmost
Concept of adequate preparation, diligence. The lawyer bears the duty to serve his client with
A lawyer shall not appear for trial unless he has adequately competence and diligence, and to exert his best efforts to
protect, within the bounds of the law, the interest of his or her
prepared himself on the law and the facts of his case, the
client. Accordingly, competence, not only in the knowledge of
evidence he will adduce and the order of its preference. He law, but also in the management of the cases by giving these
should also be ready with the original documents for comparison cases appropriate attention and due preparation, is expected
with the copies. from a lawyer.
Duties of counsel when accused intends to plead guilty,
Effect of lack of adequate preparation, Duty to update client,
Without adequate preparation, the lawyer may not be able to 2) client updates
effectively assist the court in the speedy and efficient When a client requests for a follow-up on his case, the update
administration of justice nor can he serve his client with from the lawyer must not only be prompt, but also full and
effective. The lawyer must not merely brush aside the client’s
competence and diligence. A lawyer’s unpreparedness can also
request without even perusing the case records. For the client is
lead to postponements and delays. The duty of a lawyer to entitled to a full-disclosure on the material developments on his
appear on the dates of hearing adequately prepared is an case. To be clear, a lawyer need not wait for their clients to ask
obligation which he owes to the court as well as the client. for information but must advise them without delay about
Prompt and objective assessment of merits, matters essential for them to avail of legal remedies. (katipunan,
Section 5. Prompt and objective assessment of the merits. – a jr. V. Carrera, a.c. no. 127661, february 19, 2020, per
lawyer shall, after reasonable inquiry, promptly give an Lazaro-javier, j.)
objective assessment of the merits and probable results of A lawyer’s duty to keep his client constantly updated on the
the client’s case. developments of his case is crucial in maintaining the client’s
A lawyer shall explain the viable options to the client to confidence. The lawyer needs to inform his client, timely and
enable an informed decision regarding the matter. (2023 adequately, important updates and status affecting the client’s
code of professional responsibility and accountability or case. He should not leave his client in the dark as how to he is
cpra) defending the client’s interest.
1. Prompt and objective assessment of the merits Duty of party-litigant as regards his/her case,
A. Objective assessment
After reasonable inquiry, lawyers are required to “promptly give Duty of lawyer in case of adverse decision against client,
an objective assessment of he merits and probable results of the Doctrine of imputed knowledge,
client’s case.” Exceptions to the application of doctrine of imputed
B. Viable options for informed decision
knowledge,
Lawyers are required to “explain the viable options to the client
to enable an informed decision regarding the matter.” Extension of time to file,
1) information asymmetry Section 7. Extension of time to file. -a lawyer shall avoid
A problem arises whenever agents, entrusted to manage the asking for an extension of time to file any pleading, motion,
interests of another, use their authority or power for their benefit or other court submission, except when allowed by the rules
or fail to discharge their duties. In many agencies, there is of court or for good cause.
information asymmetry between the principal and the entrusted When an extension is obtained, the lawyer shall not let the
agent. That is, there are facts and events that the agent must period lapse without submitting the pleading, motion, or
attend to that may not be known by the principal. (ramrize v. other court submission, except upon the client’s decision not
to pursue the case any further or for other justifiable cause.
(2023 code of professional responsibility and accountability Failure to comply with the mcle requirements and disregards of
or cpra) the directives of mcle office warrants an attorney’s declaration
1. Extension of time to file as a delinquent member. He will be suspended until he has
A. Avoid asking for extension of time
complied with the requirement.
Under this section, lawyers are enjoined to “avoid asking for an
extension of time to file any pleading, motion, or other court Concurrent practice of law with another profession,
submission, except when allowed by the rules of court or for Section 9. Practice of law concurrent with another
good cause.” profession. – a lawyer who is engaged in another profession
1) if extension is obtained or occupation concurrently with the practice of law shall
If lawyers successfully obtain an extension of time, they are expressly provide in the pertinent contract the nature of the
prohibited from letting “the period lapse without submitting the services the lawyer is engaged to perform.
pleading, motion, or other court submission, except upon the The practice of another profession or occupation shall not
client’s decision not to pursue the case any further or for other jeopardize such lawyer’s competence, integrity, probity, and
justifiable cause.” independence in rendering legal services. (2023 code of
B. Dilatory tactics professional responsibility and accountability or cpra)
Advocacy, within the bounds of the law, permits the attorney to 1. Practice of law concurrent with another profession
use any arguable construction of the law or rules which is A. Expressly provide in contract services to be performed
favorable to his client. But the lawyer is not allowed to Under this section, lawyers who are “engaged in another
knowingly advance a claim or defense that is unwarranted under profession/occupation concurrently with the practice of law” are
existing law. He cannot prosecute patently frivolous and required to “expressly provide in the pertinent contract the
meritless appeals or institute clearly groundless actions nature of the services the lawyer is engaged to perform.”
(annotated code of professional responsibility 310 [1979]). B. Non-jeopardizing of competence, integrity, probity, and
Professional rules impose limits on a lawyer’s zeal and hedge it Independence
with necessary restrictions and qualifications (wolfram, modern Although practicing another profession or occupation, lawyers
legal ethics 579-582 [1986]). (millare v. Montero, a.c. no. 3283, are prohibited jeopardizing their “competence, integrity, probity,
july 13, 1995, per quiason, j.) and independence in rendering legal services.”
[i]t is unethical for a lawyer to abuse or wrongfully use the Non-legal activities
judicial process – such as the filing of dilatory motions, Section 10. Non-legal activities. -a lawyer who is engaged in
repetitious litigation, and frivolous appeals – for the sole business or other non-legal profession shall likewise observe
purpose of frustrating and delaying the execution of a judgment. the ethical duties and responsibilities of a lawyer under the
(avida land corporation v. Argosino, a.c. no. 7437, august 17, cpra. (2023 code of professional responsibility and
2016, per sereno, cj., citing millare v. Montero, a.c. no. 3283, accountability or cpra)
july 13, 1995) 1. Non-legal activities
Sanction for repeated extensions, Under this section, and for those engaged in business and other
Lifelong learning, reason; non-legal professions, lawyers are required to “observe the
Section 8. Lifelong learning. – a competent lawyer engages in ethical duties and responsibilities of a lawyer under the cpra.”
lifelong learning through the continued development of
professional skills. (2023 code of professional responsibility
and accountability or cpra)
1. Lifelong learning
Under this section, competent lawyers are expected to engage
“in lifelong learning through the continued development of
professional skills.”
[t]he study of the law is a comprehensive, widespread, and life-
long process. Hence, it is not onfined to the four corners of a law
school and its pedagogy. (pimentel v. Legal education board, en
banc, g.r. no. 230642, november 09, 2021, per zalameda, j.)
Requirement of continuing education,
Under bar matter no. 850, continuing legal education is required
of members of the ibp to ensure that they keep abreast with law
and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law.
Members of the ibp not exempt from rule 7 of the rules on
mandatory continuing legal education (mcle) are required to
complete at least thirty-six (36) hours of continuing legal
education activities every three (3) years.
Sanction for noncompliance,
Failure to comply shall pay a non-compliance fee of p1,000 and
be listed as a delinquent member of the ibp.
Failure to disclose the required information would case the
dismissal of the case and the expunction of the pleadings from
the records. (b.m. no. 1922)