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Bar Matter No. 5142

CPRA

Code of Professional Responsibility and Accountability

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NoneSECTION 1 · Independent, accessible, efficient, and effective legal serviceRule 10, Section 46 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS)SECTION 2 · Merit-based practiceSECTION 3 · Freedom from improper considerations and external influencesSECTION 4 · Non-interference by a lawyerSECTION 5 · Lawyer’s duty and discretion in procedureSECTION 6 · Harassing or threatening conductSECTION 7 · Formal decorum and appearanceSECTION 8 · Prohibition against misleading the court, tribunal, or other government agencySECTION 9 · Obstructing access to evidence or altering, destroying, or concealing evidenceSECTION 10 · Conduct in the presentation of a witnessSECTION 11 · False representations or statements; duty to correctSECTION 12 · Duty to report dishonest, deceitful, or misleading conductSECTION 13SECTION 14 · Remedy for grievances; insinuation of improper motiveSECTION 15 · Improper claim of influence or familiaritySECTION 16 · Duty to report life-threatening situationsSECTION 17 · Non-solicitation and impermissible advertisementSECTION 18 · Prohibition against self-promotionSECTION 19 · Sub-judice ruleSECTION 20 · Disclosure of relationship or connectionSECTION 21 · Prohibition against gift-giving and donationsSECTION 22 · No undue advantage of ignorance of the lawSECTION 23 · Instituting multiple cases; forum shoppingSECTION 24 · Encroaching or interfering in another lawyer’s engagement; exceptionSECTION 25 · Responsibility of a solo practitionerSECTION 26 · Definition of a law firm; choice of firm nameSECTION 27 · Partner who assumes public officeSECTION 28 · Dignified government serviceSECTION 29 · Lawyers formerly in government serviceSECTION 30 · No financial interest in transactions; no giftsSECTION 31 · Prosecution of criminal casesSECTION 32 · Lawyers in the academeSECTION 33 · Conflict of interest for lawyers in the academeSECTION 34 · Paralegal services; lawyer’s responsibilitySECTION 35 · Non-delegable legal tasksSECTION 36 · Responsible useSECTION 37 · Online postsSECTION 38 · Non-posting of false or unverified statements, disinformationSECTION 39 · Prohibition against fraudulent accountsSECTION 40 · Non-disclosure of privileged information through online postsSECTION 41 · Duty to safeguard client confidences in social mediaSECTION 42 · Prohibition against influence through social mediaSECTION 43 · Legal information; legal adviceSECTION 44 · Online posts that could violate conflict of interestSECTION 45 · Prompt payment of legal feesSECTION 46 · Controversy over legal feesSECTION 47 · Enforcement of attorney’s lienSECTION 48 · Compensation for counsel de officioSECTION 49 · Accounting during engagementSECTION 50 · Separate fundsSECTION 51 · Prohibition against acquiring interest in object of litigation or transactionSECTION 52 · Prohibition on lending and borrowing; exceptionsSECTION 53 · Termination of engagement by the lawyerSECTION 54 · Termination of engagement by the clientSECTION 55 · Termination of engagement upon deathSECTION 56 · Accounting and turn over upon termination of engagement
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n Fund (VCF) of Five Pesos (P5.00) was not collected in civil cases filed in court, in violation of Section 20 of Amended Administrative Circular No. 35-2004. Thereupon, an exit conference was conducted by the Financial Audit Team in order to apprise the accountable officers of its findings, as well as allow them to explain the numerous irregularities in the handling of judiciary funds that were unearthed following the extensive examination of the court a quo's books of accounts. Explanation of Ms. Del Rosario In her letter dated December 13, 2018, Ms. Del Rosario explained that she made the erasures, tampering and non-issuance of ORs due to the unavailability of court receipts for several months in 2015. She likewise admitted that she failed to issue ORs for some bonds because of her failure to replenish the funds therefor. She also asserted that she was not well acquainted with the process of issuance of receipts. Explanation ofAtty. Zalsos-Uychiat Atty. Zalsos-Uychiat executed an Affidavit dated December 13, 2018, claiming that she had no knowledge of the irregular practices in the court a quo as well as her surprise that the Financial Audit Team arrived at such findings. She asserted that she delegated all fiscal matters to Ms. Del Rosario, believing in good faith that the latter was performing such functions properly. As proof of her innocence, Atty. Zalsos-Uychiat provided screenshots of Ms. Del Rosario's text messages confessing to the irregularities that were discovered by the Financial Audit Team. Explanation ofAtty. Musa-Barrat Atty. Musa-Barrat explained that because she was new to her job, she was not able to submit the monthly reports on time. She alleged that on her first day as Clerk of Court a bond in the amount of P200,000.00 was posted by an accused, which amount she was not able to deposit because the bank closed early. She kept the said amount in her bag for safekeeping but the same was stolen when she had dinner in a fastfood restaurant in Iligan City. She was unable to restitute the said amount on time because it took months before she received her initial salary. As to her other lapses, Atty. Musa-Barrat acknowledged the same and sought the Court's forgiveness. On July 1, 2020, the OCA issued a Memorandum adopting the findings of the Financial Audit Team and recommending the following disciplinary actions to be taken: [T]his report be DOCKETED as a regular administrative matter against the following personnel: Ms. ABBA MARIE B. DEL ROSARIO, Court Interpreter I, RTC, Tubod, Lanao del Norte, for receiving collections without issuing official receipts (ORs) as an acknowledgment of payments, tampering of the triplicate and duplicate copies of ORs, using one (1) OR for two (2) different transactions, falsifying of data collections in the Undertaking of Cash Bond Deposits, lapping of collections and remittances, and non-remittance and non-reporting of collections; Atty. MARIA PAZ TERESA V. ZALSOS-UYCHIAT, former Clerk of Court VI, RTC, Tubod, Lanao del Norte, for failure to exercise reasonable diligence, prudence and due care in the performance of her duties which resulted to the shortages in the judiciary fund; and Atty. AISA B. MUSA-BARRAT, incumbent Clerk of Court VI, RTC, Tubod, Lanao del Norte, for failure to remit the court collections and submit the monthly financial reports on time, record the financial transactions in the respective book of accounts, exercise prudence in the handling of court's ORs and to take necessary and reasonable measure that could have prevented the loss and misuse of court receipts and the occurrence of unremitted collections. x x x x Ms. ABBA MARIE B. DEL ROSARIO, Court Interpreter I, RTC, Tubod, Lanao del Norte, be METED the penalty of dismissal from the service with forfeiture of her retirement benefits considering that the infractions committed involve dishonesty, grave misconduct and gross neglect of duty; Atty. MARIA PAZ TERESA V. ZALSOS-UYCHIAT,

SECTION 1

Independent, accessible, efficient, and effective legal service

SECTION 1. Independent, accessible, efficient, and effective legal service. – A lawyer shall make legal services accessible in an efficient and effective manner. In performing this duty, a lawyer shall maintain independence, act with integrity, and at all times ensure the efficient and effective delivery of justice.

Rule 10, Section 46 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS)

Rule 10, Section 46 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS), the penalty for the offenses of grave misconduct, gross or serious dishonesty, and gross neglect of duty is dismissal from the service, even for first time offenders, and carries with it the forfeiture of retirement benefits, except accrued leave benefits, and the perpetual disqualification for reemployment in the government service. As to simple neglect of duty, it is a less grave offense punishable by suspension from office for one (1) month and one (1) day to six (6) months for the first offense, and dismissal for the second offense under Section 46 (D) of the RRACCS.

SECTION 2

Merit-based practice

SECTION 2. Merit-based practice. – A lawyer shall rely solely on the merits of a cause and not exert, or give the appearance of, any influence on, nor undermine the authority of, the court, tribunal or other government agency, or its proceedings.

SECTION 3

Freedom from improper considerations and external influences

SECTION 3. Freedom from improper considerations and external influences. – A lawyer shall not, in advocating a client’s cause, be influenced by dishonest or immoral considerations, external influences, or pressure.

SECTION 4

Non-interference by a lawyer

SECTION 4. Non-interference by a lawyer. – Unless authorized by law or a court, a lawyer shall not assist or cause a branch, agency, office or officer of the government to interfere in any matter before any court, tribunal, or other government agency.

SECTION 5

Lawyer’s duty and discretion in procedure

SECTION 5. Lawyer’s duty and discretion in procedure. – A lawyer shall not allow the client to dictate or determine the procedure in handling the case. Nevertheless, a lawyer shall respect the client’s decision to settle or compromise the case after explaining its consequences to the client. CANON II – PROPRIETY A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.

SECTION 6

Harassing or threatening conduct

SECTION 6. Harassing or threatening conduct. – A lawyer shall not harass or threaten a fellow lawyer, the latter’s client or principal, a witness, or any official or employee of a court, tribunal, or other government agency.

SECTION 7

Formal decorum and appearance

SECTION 7. Formal decorum and appearance. – A lawyer shall observe formal decorum before all courts, tribunals, and other government agencies. A lawyer’s attire shall be consistent with the dignity of the court, tribunal, or other government agency, with due respect to the person’s sexual orientation, gender identity, and gender expression.

SECTION 8

Prohibition against misleading the court, tribunal, or other government agency

SECTION 8. Prohibition against misleading the court, tribunal, or other government agency. – A lawyer shall not misquote, misrepresent, or mislead the court as to the existence or the contents of any document, argument, evidence, law, or other legal authority, or pass off as one’s own the ideas or words of another, or assert as a fact that which has not been proven.

SECTION 9

Obstructing access to evidence or altering, destroying, or concealing evidence

SECTION 9. Obstructing access to evidence or altering, destroying, or concealing evidence. – A lawyer shall not obstruct another lawyer’s access to evidence during trial, including testimonial evidence, or alter, destroy, or conceal evidence.

SECTION 10

Conduct in the presentation of a witness

SECTION 10. Conduct in the presentation of a witness. – A lawyer shall avoid all forms of impropriety when presenting or confronting a witness. A lawyer shall not coach, abuse, discriminate against, or harass any witness, in or out of the court, tribunal, or other government agency, or talk to a witness during a break or recess in the trial, while a witness is still under examination. Neither shall a lawyer direct, assist, or abet any misrepresentation or falsehood by a witness.

SECTION 11

False representations or statements; duty to correct

SECTION 11. False representations or statements; duty to correct. – A lawyer shall not make false representations or statements. A lawyer shall be liable for any material damage caused by such false representations or statements. A lawyer shall not, in demand letters or other similar correspondence, make false representations or statements, or impute civil, criminal, or administrative liability, without factual or legal basis. A lawyer shall correct false or inaccurate statements and information made in relation to an application for admission to the bar, any pleading, or any other document required by or submitted to the court, tribunal or agency, as soon as its falsity or inaccuracy is discovered or made known to him or her.

SECTION 12

Duty to report dishonest, deceitful, or misleading conduct

SECTION 12. Duty to report dishonest, deceitful, or misleading conduct. – A lawyer shall immediately inform a court, tribunal, or other government agency of any dishonest, deceitful or misleading conduct related to a matter being handled by said lawyer before such court, tribunal, or other government agency. A lawyer shall also report to the appropriate authority any transaction or unlawful activity that is required to be reported under relevant laws, including the submission of covered and suspicious transactions under regulatory laws, such as those concerning anti­ money laundering. When disclosing or reporting the foregoing information to the appropriate court, tribunal, or other government agency, the lawyer shall not be deemed to have violated the lawyer’s duty of confidentiality. Any such information shall be treated with strict confidentiality. A baseless report shall be subject to civil, criminal, or administrative action.

SECTION 13

SECTION 13. Imputation of a misconduct, impropriety, or crime without basis. – A lawyer shall not, directly or indirectly, impute to or accuse another lawyer of a misconduct, impropriety, or a crime in the absence of factual or legal basis. Neither shall a lawyer, directly or indirectly, file or cause to be filed, or assist in the filing of frivolous or baseless administrative, civil, or criminal complaints against another lawyer.

SECTION 14

Remedy for grievances; insinuation of improper motive

SECTION 14. Remedy for grievances; insinuation of improper motive. – A lawyer shall submit grievances against any officer of a court, tribunal, or other government agency only through the appropriate remedy and before the proper authorities. Statements insinuating improper motive on the part of any such officer, which are not supported by substantial evidence, shall be ground for disciplinary action.

SECTION 15

Improper claim of influence or familiarity

SECTION 15. Improper claim of influence or familiarity. – A lawyer shall observe propriety in all dealings with officers and personnel of any court, tribunal, or other government agency, whether personal or professional. Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor shall be avoided. A lawyer shall not make claims of power, influence, or relationship with any officer of a court, tribunal, or other government agency.

SECTION 16

Duty to report life-threatening situations

SECTION 16. Duty to report life-threatening situations. – A lawyer who has reasonable grounds to believe that a life-threatening situation is likely to develop in relation to any proceeding in any court, tribunal, or other government agency shall immediately report the same to the proper authorities.

SECTION 17

Non-solicitation and impermissible advertisement

SECTION 17. Non-solicitation and impermissible advertisement. – A lawyer shall not, directly or indirectly, solicit, or appear to solicit, legal business. A lawyer shall not, directly or indirectly, advertise legal services on any platform or media except with the use of dignified, verifiable, and factual information, including biographical data, contact details, fields of practice, services offered, and the like, so as to allow a potential client to make an informed choice. In no case shall the permissible advertisement be self-laudatory. A lawyer, law firm, or any of their representatives shall not pay or give any benefit or consideration to any media practitioner, award­ giving body, professional organization, or personality, in anticipation of, or in return for, publicity or recognition, to attract legal representation, service, or retainership.

SECTION 18

Prohibition against self-promotion

SECTION 18. Prohibition against self-promotion. – A lawyer shall not make public appearances and statements in relation to a terminated case or legal matter for the purpose of self-promotion, self­ aggrandizement, or to seek public sympathy.

SECTION 19

Sub-judice rule

SECTION 19. Sub-judice rule. – A lawyer shall not use any forum or medium to comment or publicize opinion pertaining to a pending proceeding before any court, tribunal, or other government agency that may: (a) cause a pre-judgment, or (b) sway public perception so as to impede, obstruct, or influence the decision of such court, tribunal, or other govenm1ent agency, or which tends to tarnish the court’s or tribunal’s integrity, or (c) impute improper motives against any of its members, or (d) create a widespread perception of guilt or innocence before a final decision.

SECTION 20

Disclosure of relationship or connection

SECTION 20. Disclosure of relationship or connection. – A lawyer shall, at the first available opportunity, formally disclose on record the lawyer’s relationship or connection with the presiding officer of any court, tribunal, or other government agency, or any of its personnel, or the lawyer’s partners, associates, or clients, that may serve as a ground for mandatory inhibition in any pending proceeding before such court, tribunal, or other government agency.

SECTION 21

Prohibition against gift-giving and donations

SECTION 21. Prohibition against gift-giving and donations. – A lawyer shall not, directly or indirectly, give gifts, donations, contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any of its officers and personnel.

SECTION 22

No undue advantage of ignorance of the law

SECTION 22. No undue advantage of ignorance of the law. – A lawyer shall not take advantage of a non-lawyer’s lack of education or knowledge of the law.

SECTION 23

Instituting multiple cases; forum shopping

SECTION 23. Instituting multiple cases; forum shopping. – A lawyer shall not knowingly engage or through gross negligence in forum shopping, which offends against the administration of justice, and is a falsehood foisted upon the court, tribunal, or other government agency. A lawyer shall not institute or advise the client to institute multiple cases to gain leverage in a case, to harass a party, to delay the proceedings, or to increase the cost of litigation.

SECTION 24

Encroaching or interfering in another lawyer’s engagement; exception

SECTION 24. Encroaching or interfering in another lawyer’s engagement; exception. – A lawyer shall not, directly or indirectly, encroach upon or interfere in the professional engagement of another lawyer. This includes a lawyer’s attempt to communicate, negotiate, or deal with the person represented by another lawyer on any matter, whether pending or not in any court, tribunal, body, or agency, unless when initiated by the client or with the knowledge of the latter’s lawyer. A lawyer, however, may give proper advice and assistance to anyone seeking relief against perceived unfaithful or neglectful counsel based on the Code.

SECTION 25

Responsibility of a solo practitioner

SECTION 25. Responsibility of a solo practitioner. – A lawyer in solo practice shall ensure that all matters requiring such lawyer’s professional skill and judgment are promptly and competently addressed.

SECTION 26

Definition of a law firm; choice of firm name

SECTION 26. Definition of a law firm; choice of firm name. A law firm is any private office, partnership, or association, exclusively comprised of a lawyer or lawyers engaged to practice law, and who hold themselves out as such to the public. In the choice of a firm name, no false, misleading, or assumed name shall be used. The continued use of the name of a deceased, incapacitated, or retired partner is permissible provided that the firm indicates in all its communications that said partner is deceased, incapacitated, or retired.

SECTION 27

Partner who assumes public office

SECTION 27. Partner who assumes public office. – When a partner assumes public office, such partner shall withdraw from the firm and such partner’s name shall be removed from the firm name, unless allowed by law to practice concurrently.

SECTION 28

Dignified government service

SECTION 28. Dignified government service. – Lawyers in government service shall observe the standard of conduct under the CPRA, the Code of Conduct and Ethical Standards for Public Officials and Employees, and other related laws and issuances in the performance of their duties. Any violation of the CPRA by lawyers in government service shall be subject to disciplinary action, separate and distinct from liability under pertinent laws or rules.

SECTION 29

Lawyers formerly in government service

SECTION 29. Lawyers formerly in government service. – A lawyer who has left government service shall not engage in private practice pertaining to any matter before the office where he or she used to be connected within a period of one (1) year from his or her separation from such office. Justices, judges, clerks of court, city, provincial, and regional prosecutors shall not appear before any court within the territorial jurisdiction where they previously served within the same period. After leaving government service, a lawyer shall not accept an engagement which could improperly influence the outcome of the proceedings which the lawyer handled or intervened in, or over which the lawyer previously exercised authority, while in said service.

SECTION 30

No financial interest in transactions; no gifts

SECTION 30. No financial interest in transactions; no gifts. – A lawyer in government shall not, directly or indirectly, promote or advance his or her private or financial interest or that of another, in any transaction requiring the approval of his or her office. Neither shall such lawyer solicit gifts or receive anything of value in relation to such interest. Such lawyer in government shall not give anything of value to, or otherwise unduly favor, any person transacting with his or her office, with the expectation of any benefit in return.

SECTION 31

Prosecution of criminal cases

SECTION 31. Prosecution of criminal cases. – The primary duty of a public prosecutor is not to convict but to see that justice is done. Suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false testimony is cause for disciplinary action. The obligations of a public prosecutor shall also be imposed upon lawyers in the private practice who are authorized to prosecute under the direct supervision and control of the public prosecutor.

SECTION 32

Lawyers in the academe

SECTION 32. Lawyers in the academe. –  A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall at all times adhere to the standards of behavior required of members of the legal profession under the CPRA, observing propriety, respectability, and decorum inside and outside the classroom, and in all media.

SECTION 33

Conflict of interest for lawyers in the academe

SECTION 33. Conflict of interest for lawyers in the academe. A lawyer serving as a dean, administrative officer, or faculty member of an educational institution shall disclose to the institution any adverse interest of a client. Upon discovery of any adverse interest of the lawyer’s client which directly affects any student who is under his or her direct supervision and guidance, the lawyer shall likewise disclose the same to the institution.

SECTION 34

Paralegal services; lawyer’s responsibility

SECTION 34. Paralegal services; lawyer’s responsibility.-.- A paralegal is one who performs tasks that require familiarity with legal concepts, employed or retained by a lawyer, law office, corporation, governmental agency, or other entity for non-diagnostic and non­ advisory work in relation to legal matters delegated by such lawyer, law office, corporation, governmental agency, or other entity. A lawyer must direct or supervise a paralegal in the performance of the latter’s delegated duties. The lawyer’s duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally bound to keep the privilege.

SECTION 35

Non-delegable legal tasks

SECTION 35. Non-delegable legal tasks. – A lawyer shall not delegate to or permit a non-lawyer, including a paralegal, to: (a) accept cases on behalf of the lawyer; (b) give legal advice or opinion; (c) act independently without the lawyer’s supervision or direction; (d) to hold himself or herself out as a lawyer, or be named in association with a lawyer in any pleading or submission to any court, tribunal, or other government agency; (e) appear in any court, tribunal, or other government agency, or actively participate in formal legal proceedings on behalf of a client, except when allowed by the law or rules; (f) conduct negotiations with third parties unless allowed in administrative agencies, without a lawyer’s supervision or direction; (g) sign correspondence containing a legal opinion; and (h) perform any of the duties that only lawyers may undertake. These provisions shall not apply to law student practitioners under Rule 138- A of the Rules of Court. RESPONSIBLE USE OF SOCIAL MEDIA A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use.

SECTION 36

Responsible use

SECTION 36. Responsible use. – A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media.

SECTION 37

Online posts

SECTION 37. Online posts. – A lawyer shall ensure that his or her online posts, whether made in a public or restricted privacy setting that still holds an audience, uphold the dignity of the legal profession and shield it from disrepute, as well as maintain respect for the law.

SECTION 38

Non-posting of false or unverified statements, disinformation

SECTION 38. Non-posting of false or unverified statements, disinformation. – A lawyer shall not knowingly or maliciously post, share, upload or otherwise disseminate false or unverified statements, claims, or commit any other act of disinformation.

SECTION 39

Prohibition against fraudulent accounts

SECTION 39. Prohibition against fraudulent accounts. – A lawyer shall not create, maintain or operate accounts in social media to hide his or her identity for the purpose of circumventing the law or the provisions of the CPRA.

SECTION 40

Non-disclosure of privileged information through online posts

SECTION 40. Non-disclosure of privileged information through online posts. – A lawyer shall not reveal, directly or indirectly, in his or her online posts confidential information obtained from a client or in the course of, or emanating from, the representation, except when allowed by law or the CPRA.

SECTION 41

Duty to safeguard client confidences in social media

SECTION 41. Duty to safeguard client confidences in social media. – A  lawyer, who uses. a social media account to communicate with any other person in relation to client confidences and information, shall exert efforts to prevent the inadvertent or unauthorized disclosure or use of, or unauthorized access to, such an account.

SECTION 42

Prohibition against influence through social media

SECTION 42. Prohibition against influence through social media. – A lawyer shall not communicate, whether directly or indirectly, with an officer of any court, tribunal, or other government agency through social media to influence the latter’s performance of official duties.

SECTION 43

Legal information; legal advice

SECTION 43. Legal information; legal advice. – Pursuant to a lawyer’s duty to society and the legal profession, a lawyer may provide general legal information, including in answer to questions asked, at any fora, through traditional or electronic means, in all forms or types of mass or social media. A lawyer who gives legal advice on a specific set of facts as disclosed by a potential client in such fora or media dispenses Limited Legal Service and shall be bound by all the duties in the CPRA, in relation to such Limited Legal Service.

SECTION 44

Online posts that could violate conflict of interest

SECTION 44. Online posts that could violate conflict of interest. – A lawyer shall exercise prudence in making posts or comments in social media that could violate the provisions on conflict of interest under the CPRA. CANON III – FIDELITY Fidelity pertains to a lawyer’s duty to uphold the Constitution and the laws of the land, to assist in the administration of justice as an officer of the court, and to advance or defend a client’s cause, with full devotion, genuine interest, and zeal in the pursuit of truth and justice.

SECTION 45

Prompt payment of legal fees

SECTION 45. Prompt payment of legal fees. – A lawyer is entitled to prompt payment from the client of attorney’s fees. Absent an express agreement as to professional fees, a lawyer is entitled to be paid reasonable attorney’s fees in accordance with Canon III, Section 41.

SECTION 46

Controversy over legal fees

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

SECTION 47

Enforcement of attorney’s lien

SECTION 47. Enforcement of attorney’s lien. – In case of non-payment of attorney’s fees, a lawyer may resort to the enforcement of the attorney’s lien under Canon III, Section 54, by filing a Notice of Enforcement of Attorney’s Lien with the court, tribunal, or other government agency of origin where the action or proceeding the lawyer rendered service for is pending, without prejudice to other remedies under the law or the Rules of Court. The Notice shall be accompanied by proof of the services rendered, and served on the client. The court, tribunal, or other government agency, after hearing, shall determine the lawyer’s entitlement to the claimed fees. The enforcement of an attorney’s lien shall be treated as an independent claim and shall in no instance delay the resolution of the main case. The resolution of the lawyer’s claim may be included in the main judgment or in a separate partial judgment. In the case of a partial judgment, the same shall be subject of appeal. An appeal in the main case shall not stay the execution of the lawyer’s lien. In the execution of the judgment in the main case, the court shall give due consideration to the pending claim of the lawyer. If the claim for attorney’s lien arises after a decision has been rendered by the court, tribunal, or other government agency of origin on the action or proceeding, the claim for the enforcement of the lien shall be by an independent action.

SECTION 48

Compensation for counsel de officio

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

SECTION 49

Accounting during engagement

SECTION 49. Accounting during engagement. – A lawyer, during the existence of the lawyer-client relationship, shall account for and prepare an inventory of any fund or property belonging to the client, whether received from the latter or from a third person, immediately upon such receipt. When funds are entrusted to a lawyer by a client for a specific purpose, the lawyer shall use such funds only for the client’s declared purpose. Any unused amount of the entrusted funds shall be promptly returned to the client upon accomplishment of the stated purpose or the client’s demand.

SECTION 50

Separate funds

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

SECTION 51

Prohibition against acquiring interest in object of litigation or transaction

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

SECTION 52

Prohibition on lending and borrowing; exceptions

SECTION 52. Prohibition on lending and borrowing; exceptions. – During the existence of the lawyer-client relationship, a lawyer shall not lend money to a client, except under urgent and justifiable circumstances. Advances for professional fees and necessary expenses in a legal matter the lawyer is handling for a client shall not be covered by this rule. Neither shall a lawyer borrow money from a client during the existence of the lawyer-client relationship, unless the client’s interests are fully protected by the nature of the case, or by independent advice. This rule does not apply to standard commercial transactions for products or services that the client offers to the public in general, or where the lawyer and the client have an existing or prior business relationship, or where there is a contract between the lawyer and the client.

SECTION 53

Termination of engagement by the lawyer

SECTION 53. Termination of engagement by the lawyer. – A lawyer shall terminate the lawyer-client engagement only for good cause and upon written notice, in any of the following cases: (a) When the client pursues an illegal or immoral course of conduct in connection with the engagement; (b) When the client insists that the lawyer pursue conduct that is violative of these Canons and rules; (c) When the lawyer’s inability to work with a co-counsel will not promote the best interest of the client; (d) When the moral predisposition or the mental or physical condition of the lawyer renders it difficult to carry out the engagement effectively; (e) When the client deliberately fails to pay the fees for the lawyer’s services, fails to comply with the retainer agreement, or can no longer be found despite diligent efforts; (f) When the lawyer is elected or appointed to public office; (g) Other similar cases.

SECTION 54

Termination of engagement by the client

SECTION 54. Termination of engagement by the client. – The lawyer-client engagement may be terminated by the client at any time upon loss of trust and confidence. The termination of the engagement shall not relieve the client from full payment of all professional fees due to the lawyer. If the engagement has been reduced to writing, the lawyer shall be entitled to recover from the client the full compensation stipulated, unless found by the court, tribunal or other government agency to be unconscionable or unreasonable under Canon III, Section 41 of the CPRA. For the payment of the compensation, the lawyer shall have a charging lien upon all judgments for the payment of money, and executions issued in pursuance of such judgment, rendered in the case where the lawyer’s services had been retained by the client.

SECTION 55

Termination of engagement upon death

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

SECTION 56

Accounting and turn over upon termination of engagement

SECTION 56. Accounting and turn over upon termination of engagement. – A lawyer who is discharged from or terminates the engagement shall, subject to an attorney’s lien, immediately render a full account of and tum over all documents, evidence, funds, and properties belonging to the client. The lawyer shall cooperate with the chosen successor in the orderly transfer of the legal matter, including all information necessary for the efficient handling of the client’s representation. A lawyer shall have a lien upon the funds, documents, and papers of the client which have lawfully come into his or her possession and may retain the same until the fair and reasonable fees and disbursements have been paid, and may apply such funds to the satisfaction thereof. CANON IV – COMPETENCE AND DILIGENCE A lawyer professionally handling a client’s cause shall, to the best of his or her ability, observe competence, diligence, commitment, and skill consistent with the fiduciary nature of the lawyer-client relationship, regardless of the nature of the legal matter or issues involved, and whether for a fee or pro bono .