Lawyer’s duty to the legal

profession
A. Integrated Bar Of The Philippines

1) Organization

The Integrated Bar of the Philippines is the official national body composed of
all persons whose names now appear or may hereafter be included in the Roll
of Attorneys of the Supreme Court. (Section 1, Rule 139-A, Rules of Court)

2) Purposes

The fundamental purposes of the Integrated Bar shall be to elevate the

standards of the legal profession, improve the administration of justice, and
enable the Bar to discharge its public responsibility more effectively. (Section
2, Rule 139-A, Ibid.)

3) Non-political Bar

The Integrated Bar shall be strictly non-political, and every activity tending to
impair this basic feature is strictly prohibited and shall be penalized
accordingly. No lawyer holding an elective, judicial, quasi-judicial, or
prosecutory office in the Government or any political subdivision or
instrumentality thereof shall be eligible for election of appointment to any
position in the Integrated Bar or any Chapter thereof shall be considered ipso
facto resigned from his position as of the moment he files his certificate of
candidacy for any elective public office or accepts appointment to any judicial,
quasi-judicial, or prosecutory office in the Government or any political
subdivision or instrumentality thereof. (Section 13, Rule 139-A, Ibid.)

4) Positions, honorary

Except as may be specifically authorized or allowed by the Supreme Court, no

Delegate or Governor and no national or local Officer or committee member
shall receive any compensation, allowance or emolument from the funds of
the Integrated Bar for any service rendered therein or be entitled to
reimbursement for any expense incurred in the discharge of his functions.
(Section 14, Rule 139-A, Ibid.)

5) Voluntary Bar Associations

All voluntary Bar associations now existing or which may hereafter be formed
may co-exist with the Integrated Bar but shall not operate at cross-purposes
therewith. (Section 17, Rule 139-A, Ibid.)

B. Membership And Dues

1) Effect of non-payment of dues

Subject to the provisions on Grievance procedures, default in the payment of

annual dues for six (6) months shall warrant suspension of membership in the
Integrated Bar, and default in such payment for one year shall be a ground for
the removal of the name of the delinquent member from the Roll of Attorneys.
(Section 10, Rule 139-A, Ibid.)

2) Voluntary termination of membership; re-instatement

A member may terminate his membership by filing a written notice to that

effect with the Secretary of the Integrated Bar, who shall immediately bring the
matter to the attention of the Supreme Court. Forthwith he shall cease to be a
member and his name shall be stricken by the Court from the Roll of
Attorneys. Reinstatement may be made by the Court in accordance with rules
and regulations prescribed by the Board of Governors and approved by the
Court. (Section 11, Rule 139-A, Ibid.)

3) Grievance procedures

The Board of Governors shall provide in the By-Laws for grievance

procedures for the enforcement and maintenance of discipline among all the
members of the Integrated Bar, but no action involving the suspension or
disbarment of a member or the removal of his name from the Roll of Attorneys
shall be effective without the final approval of the Supreme Court. (Section 12,
Rule 139-A, Ibid.)

•••••
BAR EXAM QUESTION

(Question A.7, Legal and Judicial Ethics, 2019 Bar Exam)

Every new lawyer must be acquainted with the consequences of

noncompliance with the essential obligations attendant to the legal profession.
Among these obligations are compliance with the requirements on Mandatory
Continuing Legal Education (MCLE), and payment of Integrated Bar of the
Philippines (IBP) dues.

(b) What are the consequences of non-payment of IBP dues? (2.5%)

Suggested Answer:

Under the Rules of Court, default in the payment of annual dues for six (6)
months shall warrant suspension of membership in the Integrated Bar, and
default in such payment for one year shall be a ground for the removal of the
name of the delinquent member from the Roll of Attorneys.

•••••

C. Upholding The Dignity And Integrity Of The Profession

Canon 7: A lawyer shall at all times uphold the integrity and dignity of the legal profession and support the activiti
the Integrated Bar.

1) Uphold the integrity and dignity of the legal profession

A lawyer shall at all times uphold the integrity and dignity of the legal
profession. The trust and confidence necessarily reposed by clients requires
in the attorney a high standard and appreciation of his duty to his clients, his
profession, the courts and the public. The bar must maintain a high standard
of legal proficiency as well as of honesty and fair dealing. Generally speaking,
a lawyer can do honor to the legal profession by faithfully performing his
duties to society, to the bar, to the courts and to his clients. To this end,
members of the legal fraternity can do nothing that might tend to lessen in any
degree the confidence of the public in the fidelity, honesty and integrity of the
profession. (Tejada v. Palaña, A.C. No. 7434, 23 August 2007)
Canon 7 emphasize the high standard of honesty and fairness expected of a
lawyer not only in the practice of the legal profession but in his personal
dealings as well. A lawyer must conduct himself with great propriety, and his
behavior should be beyond reproach anywhere and at all times. For, as
officers of the courts and keepers of the public’s faith, they are burdened with
the highest degree of social responsibility and are thus mandated to behave at
all times in a manner consistent with truth and honor. Likewise, the oath that
lawyers swear to impresses upon them the duty of exhibiting the highest
degree of good faith, fairness and candor in their relationships with others.
Thus, lawyers may be disciplined for any conduct, whether in their
professional or in their private capacity, if such conduct renders them unfit to
continue to be officers of the court. (Ong v. Delos Santos, A.C. No. 10179, 04
March 2014)

Rule 7.01: A lawyer shall be answerable for knowingly making a false statement or suppressing a material fact in
connection with his application for admission to the bar.

1) False civil status, a gross misrepresentation

A married bar applicant’s declaration in his application for Admission to the

1981 Bar Examinations that he was “single” was a gross misrepresentation of
a material fact made in utter bad faith, for which he should be made
answerable. That false statement, if it had been known, would have
disqualified him outright from taking the Bar Examinations as it indubitably
exhibits lack of good moral character. (Leda v. Tabang, A.C. No. 2505, 21
February 1992)

2) Bar passer not allowed to practice law until he signs roll of attorneys

Where a bar passer who had not yet signed the roll of attorneys entered
appearance as counsel, he was denied admission to the Philippine Bar.
(Aguirre v. Rana, B.M. No. 1036, 10 June 2003)

Rule 7.02: A lawyer shall not support the application for admission to the bar of any person known by him to be
unqualified in respect to character, education, or other relevant attribute.

Rule 7.03: A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he wh
in public or private life, behave in a scandalous manner to the discredit of the legal profession.

1) Disciplinary action extends to both professional and private capacity

A lawyer may be disciplined or suspended for any misconduct, whether in his
professional or private capacity. Public confidence in the law and lawyers may
be eroded by the irresponsible and improper conduct of a member of the Bar.
Thus, every lawyer should act and comport himself in such a manner that
would promote public confidence in the integrity of the legal profession.
(Rivera v. Corral, A.C. No. 3548, 04 July 2002)

That his act involved a private dealing with Ong did not matter. His being a
lawyer invested him – whether he was acting as such or in a non- professional
capacity – with the obligation to exhibit good faith, fairness and candor in his
relationship with others. There is no question that a lawyer could be
disciplined not only for a malpractice in his profession, but also for any
misconduct committed outside of his professional capacity. His being a lawyer
demanded that he conduct himself as a person of the highest moral and
professional integrity and probity in his dealings with others. (Ong v. Delos
Santos, supra.)

•••••

BAR EXAM QUESTION

(Question XIII, Legal and Judicial Ethics, 2018 Bar Exam)

Dr. Cielo is a well-known medical doctor specializing in cosmetic surgery. Dr.

Cielo, together with a team of doctors, performed a surgical buttocks
enhancement procedure in her clinic on Ms. Cossette Cancio (Cancio).
Unfortunately, after a couple of years, the implant introduced during the
enhancement procedure caused infection and Cancio became seriously ill.

Concio filed a criminal action for medical malpractice against Dr. Cielo which
was eventually dismissed for failure to prove that Dr. Cielo was negligent.
Cancio was represented in this action by Atty. Cogie Ciguerra (Ciguerra).
After they lost the medical malpractice case, Ciguerra started writing a series
of posts on his Facebook (FB) account containing insulting and verbally
abusive language against Dr. Cielo. Among others, Ciguerra called Dr. Cielo a
quack doctor, “reyna ng kaplastikan at kapalpakan”, and accused her of
maintaining a payola or extralegal budget to pay off prosecutors and judges in
order to win her cases. He also called on patients to boycott the clinic of Dr.
Cielo.
Dr. Cielo filed a disbarment case against Ciguerra for posting on his FB
account sexist, vulgar, and obscene comments and language disrespectful of
women. Ciguerra’s defense is that his FB posts were private remarks on his
private FB account and meant only to be shared among his FB friends, and
Dr. Cielo was not part of them. He also claimed that the disbarment case was
filed in violation of his constitutionally-guaranteed right to privacy. The Court,
however, found that Ciguerra did not have privacy settings.

Can Ciguerra be disbarred for the series of posts against Dr. Cielo in his FB
account? (5%)

Suggested Answer:

Yes. Answer

Under the Code of Professional Responsibility, a lawyer shall not engage in

conduct that adversely reflects on his fitness to practice law, nor shall he
whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession. Under jurisprudence, the non-use of privacy
settings show that there is no expectation of privacy of an online post by its
author. Rule

In the case at bar, Atty. Ciguerra admits and does not deny the charge against
him for posting sexist, vulgar, and obscene comments and language
disrespectful of women resulting from his posts against Dr. Cielo. His claim to
privacy is not valid considering he did not use any privacy settings.
Accordingly, his acts is subject to disciplinary action even if it is in his private
capacity or private life. His actions adversely reflects on his fitness to practice
law. Apply

Thus, Atty. Ciguerra can be disbarred for the series of posts against Dr. Cielo
in his FB account. Conclusion

•••••

BAR EXAM QUESTION

(Question X, Legal and Judicial Ethics, 2017 Bar Exam)

Atty. Anna Kirmet was one of Worry Bank’s valued clients. The bank gave her
a credit card with a credit limit of ₱250,000.00. Because of her extravagance,
Atty. Kirmet exceeded her credit limit and refused to pay the monthly charges
as they fell due.

Hence, aside from a collection case, Worry Bank filed a disbarment case
against Atty. Kirmet. In her comment on the disbarment complaint, Atty.
Kirmet insisted that she did not violate the Code of Professional Responsibility
because her obligation to the bank was personal in nature and had no relation
to her being a lawyer.

Is Atty. Kirmet correct? Explain your answer briefly. (4%)

Suggested Answer:

No. Answer

Under the Code of Professional Responsibility, a lawyer shall not engage in

conduct that adversely reflects on his fitness to practice law, nor shall he
whether in public or private life, behave in a scandalous manner to the
discredit of the legal profession. Under jurisprudence, a lawyer may be
disciplined or suspended for any misconduct, whether in his professional or
private capacity. Rule

In the case at bar, Atty. Kirmet’s inability to pay adversely reflects on his
fitness to practice law, even if this concerns his private life. She may be
disciplined for misconduct regardless of whether it is in a private capacity. Apply

Thus, Atty. Kirmet is not correct. Conclusion

•••••

D. Courtesy, Fairness, And Candor Towards Professional Colleagues

Canon 8: A lawyer shall conduct himself with courtesy, fairness, and candor towards his professional colleagues, a
shall avoid harassing tactics against opposing counsel.

1) Civility with other lawyers

Lawyers should treat their opposing counsels and other lawyers with courtesy,
dignity and civility. A great part of their comfort, as well as of their success at
the bar, depends upon their relations with their professional brethren. Since
they deal constantly with each other, they must treat one another with trust
and respect. Any undue ill feeling between clients should not influence
counsels in their conduct and demeanor toward each other. Mutual bickering,
unjustified recriminations and offensive behavior among lawyers not only
detract from the dignity of the legal profession, but also constitute highly
unprofessional conduct subject to disciplinary action. (Reyes v. Chiong, A.C.
No. 5148, 01 July 2003)

Where a lawyer handling a criminal case instituted a civil complaint

impleading the other party’s counsel and the prosecutor to gain leverage, he
was held liable for harassing opposing counsel. It appears that respondent-
lawyer took the estafa case as a personal affront and used the civil case as a
tool to return the inconvenience suffered by his client. His actions demonstrate
a misuse of the legal process. The aim of every lawsuit should be to render
justice to the parties according to law, not to harass them. (Ibid.)

Rule 8.01: A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.

1) Privileged only if pertinent and relevant

Utterances, petitions and motions made in the course of judicial proceedings

have consistently been considered as absolutely privileged, however false or
malicious they may be, but only for so long as they are pertinent and relevant
to the subject of inquiry. (Saberon v. Larong, A.C. No. 6567, 16 April 2008)

a) Test of relevancy

As to the degree of relevancy or pertinency necessary to make alleged

defamatory matters privileged the courts favor a liberal rule. The matter to
which the privilege does not extend must be so palpably wanting in relation to
the subject matter of the controversy that no reasonable man can doubt its
relevancy and impropriety. In order that matter alleged in a pleading may be
privileged, it need not be in every case material to the issues presented by the
pleadings. It must, however, be legitimately related thereto, or so pertinent to
the subject of the controversy that it may become the subject of inquiry in the
course of the trial. (Ibid.)
2) No to offensive and abusive language

While a lawyer is entitled to present his case with vigor and courage, such
enthusiasm does not justify the use of offensive and abusive language.
Language abounds with countless possibilities for one to be emphatic but
respectful, convincing but not derogatory, and illuminating but not offensive.
(Gimeno v. Zaide, A.C. No. 10303, 22 April 2015)

On many occasions, the Court has reminded members of the Bar to abstain
from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause
with which he is charged. In keeping with the dignity of the legal profession, a
lawyer’s language even in his pleadings must be dignified. (Saberon v.
Larong, supra.)

A lawyer was held liable for use of offensive and abusive language after he
wrote in his pleading that the complainant was a “notorious extortionist” and,
in another case, he characterized the opposing counsel as follows: “Her
declaration in Public put a shame, DISGRACE, INDIGNITY AND
HUMILIATION in the whole Justice System, and the Department of Justice in
particular, where the taxpayers paid for her salary over her incompetence and
poor performance as a prosecutor…This is a clear manifestation that the
Public prosecutor suffers serious mental incompetence as regard her
mandate as an Assistant City Prosecutor.” (Gimeno v. Zaide, supra.)

3) Applies to courts, quasi-judicial agencies, and offices

It is of no consequence that the allegedly malicious statements of respondent

were made not before a court but before the BSP. A similar submission that
actuations of and statements made by lawyers before the National Labor
Relations Commission (NLRC) are not covered by the Code of Professional
Responsibility, the NLRC not being a court, was struck down. (Saberon v.
Larong, supra.)

Rule 8.02: A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer
however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking re
against unfaithful or neglectful counsel.

1) Encroachment
Where a lawyer, who was not a counsel on record for either party, constantly
checked the transmittal of the records of a Civil Case, it was held that he
deliberately encroached upon the legal functions of the counsel of record of
that case. It does not matter whether he did so in good faith. (Dallong-
Galicinao v. Castro, A.C. No. 6396, 25 October 2005)

Where a lawyer, through his paralegal, convinced clients of another to switch

counsels with the promise of financial assistance or loan in the amount of
Php50,000.00, he encroached on the professional practice of the other
lawyer. (Linsangan v. Tolentino, A.C. No. 6672, 04 September 2009)

E. No Assistance In Unauthorized Practice Of Law

Canon 9: A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

1) Requirements to practice law

Requirements to practice law:

1) Pass the bar exam

2) Oath-Taking

3) Signing of roll of attorneys (Section 17 and 19, Rule 138, Rules of Court)

2) Unauthorized practice of law

While a reading of Canon 9 appears to merely prohibit lawyers from assisting

in the unauthorized practice of law, the unauthorized practice of law by the
lawyer himself is subsumed under this provision, because at the heart of
Canon 9 is the lawyer’s duty to prevent the unauthorized practice of law. This
duty likewise applies to law students and Bar candidates. As aspiring
members of the Bar, they are bound to comport themselves in accordance
with the ethical standards of the legal profession. (In Re: Petition to Sign in the
Roll of Attorneys, Michael A. Medado, B.M. No. 2540, 24 September 2013)

Where a bar passer took the attorney’s oath in 1980, failed to appear on his
schedule for signing the attorney’s rolls after misplacing his Notice to Sign the
Roll of Attorneys, several years later found the notice and realized that what
he signed at the PICC entrance was probably just an attendance record,
during the entire time he was doing mostly corporate and taxation work
without actively participating in litigation, and in 2005 when required to present
his roll number during a Mandatory Continuing Legal Education (MCLE), he
filed a petition praying to be allowed to sign the roll of attorneys. He was
considered to have engaged in the unauthorized practice of law. While he was
allowed to sign, he was fined and suspended for one (1) year after becoming
a full-fledged lawyer. (Ibid.)

a) Public interest and policy

The lawyer’s duty to prevent, or at the very least not to assist in, the
unauthorized practice of law is founded on public interest and policy. Public
policy requires that the practice of law be limited to those individuals found
duly qualified in education and character. The permissive right conferred on
the lawyer is an individual and limited privilege subject to withdrawal if he fails
to maintain proper standards of moral and professional conduct. The purpose
is to protect the public, the court, the client, and the bar from the
incompetence or dishonesty of those unlicensed to practice law and not
subject to the disciplinary control of the Court. It devolves upon a lawyer to
see that this purpose is attained. Thus, the canons and ethics of the
profession enjoin him not to permit his professional services or his name to be
used in aid of, or to make possible the unauthorized practice of law by, any
agency, personal or corporate. And, the law makes it a misbehavior on his
part, subject to disciplinary action, to aid a layman in the unauthorized practice
of law. (Noe-Lacsamana v. Busmente, A.C. No. 7269, 23 November 2011)

b) No practice of law during suspension

Where a suspended lawyer participated in an auction sale and negotiations

thereto on behalf of clients, it was an unauthorized practice of law. It is true
that being present in an auction sale and negotiating matters relating to the
same may not be exclusively for lawyers. However, in this case, Atty. Era’s
acts clearly involved the determination by a trained legal mind of the legal
effects and consequences of each course of action in the satisfaction of the
judgment award. Precisely, this is why his clients chose Atty. Era to represent
them in the public auction and in any negotiation/settlement with the
corporation arising from the labor case as stated in the SPA being invoked by
Atty. Era. Such trained legal mind is what his clients were relying upon in
seeking redress for their claims. This is evident from the fact that they agreed
not to enter into any amicable settlement without the prior written consent of
Atty. Era, the latter being their lawyer. It could readily be seen that the said
SPA was executed by reason of Atty. Era being their legal counsel. Thus, We
are one with the Board’s submission that the said SPA cannot be invoked to
support Atty. Era’s claim that he was not engaged in the practice of law in
performing the acts above-cited as such SPA cunningly undermines the
suspension ordered by this Court against Atty. Era, which the Supreme Court
cannot countenance. (Bonifacio v. Era, A.C. No. 11754, 03 October 2017)

Where a counsel assisted a suspended lawyer from unauthorized practice of

law, the counsel is likewise liable. (Ibid.)

c) Indirect contempt

The regulation of the practice of law is unquestionably strict. In Beltran, Jr. v.

Abad, a candidate passed the bar examinations but had not taken his oath
and signed the Roll of Attorneys. He was held in contempt of court for
practicing law even before his admission to the Bar. Under Section 3 (e) of
Rule 71 of the Rules of Court, a person who engages in the unauthorized
practice of law is liable for indirect contempt of court. (Aguirre v. Rana, B.M.
No. 1036, 10 June 2003)

(1) Formal charge, required

Under the Rules of Court, the unauthorized practice of law by one’s assuming
to be an attorney or officer of the court, and acting as such without authority,
may constitute indirect contempt of court, which is punishable by fine or
imprisonment or both. Such a finding, however, is in the nature of criminal
contempt and must be reached after the filing of charges and the conduct of
hearings. In this case, while it appears quite clearly that petitioner committed
indirect contempt of court by knowingly engaging in unauthorized practice of
law, we refrain from making any finding of liability for indirect contempt, as no
formal charge pertaining thereto has been filed against him. (In Re: Petition to
Sign in the Roll of Attorneys, Michael A. Medado, supra.)

•••••

BAR EXAM QUESTION

(Question A.10, Legal and Judicial Ethics, 2019 Bar Exam)

Atty. B is a newly admitted member of the Philippine Bar. As a means to
manage his heavy case load, Atty. B delegated the preparation and signing of
all motions for extension of time to his secretary, Ms. D. On the signature
page of every motion, the following would appear:

“Ms. D for B Law Office”

X, one of Atty. B’s clients, expressed concern over such practice. Atty. B
reassured him that the same is completely permissible as lawyers are allowed
to devise means to efficiently manage their workload. Besides, Ms. D is acting
under his full knowledge and authority.

Does the practice of Atty. B of having his motions for extension of time signed
by Ms. D constitute any violation of the Code of Professional Responsibility?
Explain. (2.5%)

Suggested Answer:

Yes. Answer

Under the Code of Professional Responsibility, a lawyer shall not, directly or

indirectly, assist in the unauthorized practice of law. The signing of pleadings
and motions is a practice of law as it requires application of the law. Rule

In the case at bar, Atty. B assisted, if not directed, the unauthorized practice of
law when he instructed Ms. D to sign on motions that would be filed in
court. Apply

Thus, Atty. B may be held liable for the violation of the Code of Professional
Responsibility. Conclusion

•••••

Rule 9.01: A lawyer shall not delegate to any unqualified person the performance of any task which by law may on
performed by a member of the bar in good standing.

1) Notary Public

Respondent-lawyer’s delegation of his notarial function of recording entries in

his notarial register to his secretary is a clear contravention of the explicit
provision of the notarial rules that such duty should be fulfilled by him and not
by anyone else. This is a direct violation of Canon 9, Rule 9.01 of the Code.
(Roabuenafe v. Lirazan, A.C. No. 9361, 20 March 2019)

Respondent-lawyer averred in his position paper that it had been his

consistent practice to course through clerical staff documents to be notarized.
Upon referral, said clerical staff investigates whether the documents are
complete as to the fundamental requirements and inquires as to the identity of
the individual signatories thereto. If everything is in order, they ask the parties
to sign the documents and forward them to him and he again inquires about
the identities of the parties before affixing his notarial signature. It is also his
clerical staff who records entries in his notarial report. As aforesaid,
respondent is mandated to observe with utmost care the basic requirements
in the performance of his duties as a notary and to ascertain that the persons
who signed the documents are the very same persons who executed and
personally appeared before him to attest to the contents and truth of what are
stated therein. In merely relying on his clerical staff to determine the
completeness of documents brought to him for notarization, limiting his
participation in the notarization process to simply inquiring about the identities
of the persons appearing before him, and in notarizing an affidavit executed
by a dead person, respondent is liable for misconduct. Under the facts and
circumstances of the case, the revocation of his notarial commission,
disqualification from being commissioned as a notary public for a period of two
years and suspension from the practice of law for one year are in order. (Ang
v. Gupana, A.C. No. 4545, 05 February 2014)

Rule 9.02: A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practi
law, except: (a) Where there is a pre-existing agreement with a partner or associate that, upon the latter’s death, m
shall be paid over a reasonable period of time to his estate or to persons specified in the agreement; or (b) Where a
lawyer undertakes to complete unfinished legal business of a deceased lawyer; or (c) Where a lawyer or law firm
includes non-lawyer employees in a retirement plan even if the plan is based in whole or in part, on a profit-sharing
agreement.

1) No sharing of attorney’s fees to non-lawyers

GENERAL RULE: A lawyer shall not divide or stipulate to divide a fee for legal
services with persons not licensed to practice law. (Rule 9.02, Code of
Professional Responsibility)

EXCEPTIONS:
1) Where there is a pre-existing agreement with a partner or associate that,
upon the latter’s death, money shall be paid over a reasonable period of time
to his estate or to persons specified in the agreement; or

2) Where a lawyer undertakes to complete unfinished legal business of a

deceased lawyer; or

3) Where a lawyer or law firm includes non-lawyer employees in a retirement

plan even if the plan is based in whole or in part, on a profit-sharing
agreement. (Ibid.)

Respondent-lawyer’s admission that he divided the legal fees with two other
people, who are non-lawyers, as a referral fee does not release him from
liability. A lawyer shall not divide or stipulate to divide a fee for legal services
with persons not licensed to practice law, except in certain cases. (Lijauco v.
Terrado, A.C. No. 6317, 31 August 2006)

a) Estate

If there is a pre-existing agreement with a partner or associate that, upon the

latter’s death, money shall be paid over a reasonable period of time to his
estate or to persons specified in the agreement, the amount forms part of the
estate, which in turn is paid to the heirs or assignees. (Ibid.)

c) Retirement plan

If a lawyer or law firm includes non-lawyer employees in a retirement plan

even if the plan is based in whole or in part, on a profit-sharing agreement, the
amount is in the character of deferred salaries/compensation. (Ibid.)

•••••

BAR EXAM QUESTION

(Question VII-A, Legal and Judicial Ethics, 2017 Bar Exam)

You had just taken your oath as a new lawyer. The secretary of a big
university offered to get you as the university’s notary public. She explained
that the faculty and students would be sent to you to have their
documentations and affidavits notarized; and that the arrangement would be
very lucrative for you. However, the secretary wants you to share with her half
of your earnings throughout the year.

Will you agree to the arrangement proposed by the secretary of the

university? Explain your answer. (4%)

Suggested Answer:

No. Answer

Under the Code of Professional Responsibility, a lawyer shall not divide or

stipulate to divide a fee for legal services with persons not licensed to practice
law. Rule

In the case at bar, the proposed arrangement of sharing the earnings from the
notarization violates the prohibition against sharing of attorney’s fees to non-
lawyers. Apply

Thus, I will not agree to the arrangement proposed by the secretary of the
university.

What does a collaborating counsel do..

Collaborative law is a form of alternative dispute resolution for divorcing

couples who prefer not to endure litigation, but desire vigorous legal
representation. One of the first issues of concern for every potential
Collaborative Law client is whether the attorney will serve as a strong
advocate for that client.
Often potential clients believe that everything in the collaborative process
is done as a “team”. They believe that all parties (clients, Collaborative
Counsel, and other collaborative professionals) work together at all times
to achieve a solution to the divorce. There is a fear that this increased
transparency in the collaborative process will cause their own
Collaborative Counsel to fail to adequately protect the client’s own
individual needs, issues, and concerns. They fear that their interests will be
“sold out” in the process.
While understandable, these fears are generally unfounded. It is true that
some of the collaborative process is purposefully transparent. However,
much of the work in the collaborative case gets done in private between
Collaborative Counsel and his or her own client. This “off-line” work is
done between the group meetings, in person, on the phone, or by e-mail.
During these times, Collaborative Counsel (much like ordinary counsel)
works alone with the client to provide legal advice and case strategy.
Here are some of the matters that Collaborative Counsel addresses
privately with the client as the client’s advocate while the case is ongoing:
Education about the Law
Collaborative Counsel will give the client a “crash course” in divorce law
fairly early in the case. Most Collaborative Counsel think about the
resolution of a particular case as being consistent with the framework of
existing laws, cases, and judicial decisions. This model is termed
practicing “in the shadow of the law”. There will be variations to this
template, as agreed to by the clients after informed consent.
Legal Advice
Collaborative Counsel will apply the facts of the case to the relevant law
and give the client a private, personal, confidential report based on
counsel’s legal analysis.
Work on Strategy
Even in collaborative cases, attorneys and clients need to work on strategy.
They work privately between the group collaborative meetings, using legal
conclusions, as well as information gathered from, and progress made (or
lack thereof), in each group meeting. In addition, when an impasse occurs
in the process, Collaborative Counsel is trained in methods to help
overcome these roadblocks.
Analyze Finances
This is a crucial aspect of virtually all divorce cases. Collaborative Counsel
is a divorce attorney experienced in reviewing numbers and finances, who
can assist the client greatly in thinking about settlement, and what the
finances will look like after the divorce.
Client Receives the Benefit of Counsel’s Experience
Lawyers, including Collaborative Counsel, give the divorcing client the
benefit of their experience, both legal and practical. This includes the
attorney’s experience with how typical divorce issues have been dealt with,
addressed, and resolved in other cases. Counsel’s advice and input goes
beyond purely technical and legal advice, and will include other issues
such as the practical and the personal.
Be a Sounding Board
Collaborative Counsel provides a sympathetic but rational “ear” for some
of the disruption and fears a client may be undergoing during the divorce.
Divorce can be very upsetting, and your attorney will be very well-versed
in your situation and will be able to provide emotional ballast for you
during the process.
Provide Objective Guidance
Collaborative Counsel will provide neutral, unvarnished feedback to the
client regarding the matters that arise during the collaborative process.
These include interpersonal relationships between the spouse and children
(or in-laws), finances and other issues. Having a trained professional give
you objective advice during the process is very helpful.
Analyze Agreements/Proposals
As proposals are generated during the collaborative process, they need to
be analyzed by the clients and the lawyers. Much of this work is done with
Collaborative Counsel and the client “off-line”, in private. Collaborative
Counsel will provide an unembellished analysis and evaluation of all
aspects of the proposals.
Help with Decision-Making
At many points in the collaborative process, the collaborative client will
need to make decisions on various matters. Collaborative Counsel will
assist by assessing the matter and providing feedback in private to the
client to help the client come to a decision. This will involve evaluating the
client’s aims, wishes and desires (and those of the spouse) against the legal
and practical considerations. All advice will be informed with the realities
(economic and personal) faced by the divorcing client.
Help with Problem-Solving
One of the strengths of the collaborative process is that all parties are
included in participating in solving the problems of the divorce. I call this
“a marriage to the divorce”. A great deal of brainstorming goes on, some of
it usable, some not. Collaborative Counsel participates in this problem-
solving both “on-line” in the joint meetings, and “off-line” in private with
the client.
Other Functions of Collaborative Counsel
Other functions of Collaborative Counsel include helping the client gather
all documents needed, working with financial information, presenting and
obtaining financial disclosure, and preparing court-form financial
statements. Collaborative Counsel also drafts, reviews, and revises the very
important Separation Agreement, a requirement for the divorce. The
written Agreement sets forth all the terms of the divorce, including the
financial terms and those relating to the children. This Agreement will
serve as the roadmap for future interactions between the divorcing spouses.
Conclusion
As is apparent from the above list, Collaborative Counsel actually performs
all of the functions for his or her client in private that conventional counsel
offers in a non-collaborative case. This should give a potential
collaborative clients confidence that their needs and concerns will be
protected and safeguarded by their own Collaborative Counsel in a
collaborative divorce. In this way, Collaborative Counsel maintains the
capability to be an advocate for his or her client.

Sharing of fees on collaborating counsel and the primary lawyer?

if two lawyers from different firms are going to split a fee, it must be divided

in proportion to the services performed by each lawyer, unless, with written

consent of the client since the lawyers have agreed to assume joint

responsibility for the representation.

If I may add,
 A lawyer shall diligently and seasonably act on
any legal matter entrusted by a client
 For purposes of this rule, “reasonable diligence” shall mean that a
lawyer acts with commitment and dedication to the interests of the
client and does not neglect or disregard, or unduly delay a legal matter
entrusted to the lawyer.

what is the relevance of punctuality if you are a lawyer

Punctuality displays a person's respect for

people and time. In a scheduled appointment,
the late-comer usually gives an impression that
he doesn't value the other person's maybe the
client and other lawyers.

A customer is satisfied when these three conditions are met:

Promised Price - Promised Quality - Promised Delivery time

If only one is not met, then a customer is unhappy. As time cannot be

restored, promised delivery time (= punctuality) is the most crucial
one.

what if you receive the notice from the court with

deadline following day
 I must file and serve written objections within 5 days from
when the date the Notice was served (or any other time
 ordered by the court) and state the reasons for the
objections.

Section 5-A lawyer shall, after reasonable inquiry, promptly give an objective
assessment of the merits and probable results of the client's case. A lawyer shall
explain the viable options to the client to enable an informed decision regarding
the matter.

 what if you were given a certain amount of time

however you were not able to produce a necessary
document


Explain the situation you were in, what
your tasks were in that situation, what
mistakes occurred, what actions I took,
and the results I got from your actions

 The prosecutor or defense attorney usually makes the request

formally, in advance of the hearing or trial, by filing a motion for a
continuance with the court and notifying the other side of the request.
The party's motion must explain: why the delay is necessary what
amount of time is needed, and what good cause exists for making the
request.
SECTION 7. Extension of time to file. -A lawyer shall avoid asking for an extension
of time to file any pleading, motion, or other court submission, except when
allowed by the Rules of Court or for good cause. When an extension is obtained,
the lawyer shall not let the period lapse without submitting the pleading, motion,
or other court submission, except upon the client's decision not to pursue the
case any further or for other justifiable cause.

Continuous learning in the professional setting is about

expanding your skill-set in response to changes and new
developments in the world around you

It Is stated in the CPRA that A competent lawyer engages in lifelong

learning through the continued development of professional skills.

To achieve lifelong learning a lawyer must have continuous education and up-
skilling for new and experienced lawyers in the rapidly changing legal