CANON III The lawyer, however, cannot compromise a client’s li ga on, or receive

FIDELITY anything in discharge of a client’s claim, without a special power of a orney

Fidelity pertains to a lawyer’s duty to uphold the Cons tu on and the laws of for such purpose.
the land, to assist in the administra on of jus ce as an officer of the court, and
to advance or defend a client’s cause, with full devo on, genuine interest, and Sec on 5. Authority of lawyer to appear. — A lawyer is presumed to be
zeal in the pursuit of truth and jus ce. properly authorized to represent any cause in which he or she appears, and no
wri en power of a orney is required to authorize him or her to appear in
Sec on 1. Prac ce of law. — The prac ce of law is the rendi on of legal court for the client.
service or performance of acts or the applica on of law, legal principles, and
judgment, in or out of court, with regard to the circumstances or objec ves of The court, tribunal, or other government agency may, on its own ini a ve or
a person or a cause, and pursuant to a lawyer-client rela onship or other on mo on of either party, on just cause, require a lawyer to produce or prove
engagement governed by the Code of Professional Responsibility and the authority to appear on behalf of the client.
Accountability for lawyers. It includes employment in the public service or
private sector and requires membership in the Philippine bar as qualifica on. Sec on 6. Fiduciary duty of a lawyer. — A lawyer shall be mindful of the trust
and confidence reposed by the client.
Sec on 2. The responsible and accountable lawyer. — A lawyer shall uphold
the cons tu on, obey the laws of the land, promote respect for laws and legal To this end, a lawyer shall not abuse or exploit the rela onship with a client.
processes, safeguard human rights, and at all mes advance the honor and
integrity of the legal profession. Sec on 7. Prohibi on against frivolous suits and abuse of court processes. —
A lawyer shall not:
As an officer of the court, a lawyer shall uphold the rule of law and (a) file or encourage the filing of any suit or proceeding not authorized by law
conscien ously assist in the speedy and efficient administra on of jus ce. or jurisprudence and without any eviden ary support;
(b) unduly impede the execu on of an order or judgment which is warranted;
As an advocate, a lawyer shall represent the client with fidelity and zeal within or
the bounds of the law and the CPRA. (c) abuse court processes.

Sec on 3. Lawyer-client rela onship. — A lawyer-client rela onship is of the Sec on 8. Lawyer’s duty to encourage se lement. — A lawyer shall
highest fiduciary character. As a trust rela on, it is essen al that the encourage the client to avoid, end or se le a controversy, whether pending or
engagement is founded on the confidence reposed by the client on the lawyer. not, in order to reach a se lement or a compromise if the ma er can be
Therefore, a lawyer-client rela onship shall arise when the client consciously, compromised under the law and will admit of a fair se lement.
voluntarily and in good faith vests a lawyer with the client’s confidence for the
purpose of rendering legal services such as providing legal advice or To this end, the lawyer shall ac vely assist the par es and the court, tribunal,
representa on, and the lawyer, whether expressly or impliedly, agrees to or other government agency to effect media on and/or dispute resolu on.
render such services.
Sec on 9. Duty to call client to rec fy fraudulent act. — A lawyer who
Sec on 4. Authority of lawyer to bind client. — A lawyer can bind a client in a receives informa on that a client has, in the course of the representa on,
legal engagement only when so authorized through a wri en agreement. perpetrated a fraud in rela on to any ma er subject of the representa on
before a court, tribunal, or other government agency, or against any officer
thereof, shall promptly call upon the client to rec fy the same. Such
fraudulent act on the part of the client shall be a ground for the termina on There is conflict of interest when a lawyer represents inconsistent or opposing
by the lawyer of the engagement. interests of two or more persons. The test is whether in behalf of one client it
is the lawyer’s duty to fight for an issue or claim, but which is his or her duty
Sec on 10. Responsibility over a subordinate lawyer, paralegal, or to oppose for the other client.
employee. — A lawyer or law firm shall be responsible for the mistakes,
negligence, and/or acts or omissions of a subordinate lawyer, paralegal, or Sec on 14. Prohibi on against conflict- of-interest representa on; current
employee under the lawyer’s direct supervision and control, who is ac ng clients. — In rela on to current clients, the following rules shall be observed:
within the scope of the assigned tasks, that cause damage or injury which (a) A lawyer shall not enter into a business transac on with a client or
brings dishonor to the profession or violates the rule on confiden ality. knowingly acquire an ownership, possessory, security, or other pecuniary
interest adverse to a client unless:
However, such liability of the supervising lawyer does not a ach upon proof of (1) it is shown that the transac on and terms on which the lawyer
exercise of diligence of a good parent of a family in the selec on and acquires the interest are fair and reasonable to the client and are fully
supervision of subordinate lawyer, paralegal, or employee. disclosed and transmi ed in wri ng in a manner that can be reasonably
understood by the client;
Sec on 11. Responsibility of a supervisory lawyer over a supervised (2) the client is advised in wri ng of the desirability of seeking, and is
lawyer. — A supervisory lawyer shall co-sign a pleading or other submission to given a reasonable opportunity to seek, the advice of another
any court, tribunal, or other government agency with a supervised lawyer. A independent lawyer on the transac on; and
supervisory lawyer shall be responsible for a viola on of the CPRA by the (3) the client gives wri en informed consent to the essen al terms of the
supervised lawyer in any of the following instances: transac on and the lawyer’s role in the transac on, including whether the
lawyer is represen ng the client in the transac on.
(a) the supervisory lawyer orders or directs the specific conduct or, with
knowledge of the specific conduct, ra fies it; or (b) A lawyer shall not use confiden al informa on rela ng to representa on
(b) the supervisory lawyer knows of such conduct at a me when it could be of a client without the client’s wri en informed consent, except as permi ed
prevented or its consequences avoided or mi gated, but fails to take or required by law or the CPRA.
reasonable remedial ac on; or
(c) the supervisory lawyer should have known of the conduct so that (c) A lawyer shall not, by undue influence, acquire any substan al gi from a
reasonable remedial ac on could have been taken at a me when the client, including a testamentary gi , or prepare on behalf of a client an
consequences of the conduct could have been avoided or mi gated. instrument giving the lawyer such gi , directly or indirectly.

A supervisory lawyer is a lawyer having direct supervisory authority over (d) Unless with the wri en informed consent of the client and subject to the
another lawyer, including a supervising lawyer under Rule 138-A of the Rules applica on of the sub judice rule, a lawyer shall not make or nego ate an
of Court. agreement giving the lawyer literary or media rights to a portrayal or account
based in substan al part on informa on rela ng to the representa on.
Sec on 12. Responsibili es of a supervised lawyer. — A supervised lawyer
ac ng under the direc on of the supervising lawyer, managing partner, or (e) A lawyer shall not accept compensa on for represen ng a client from any
other partners of the firm is nevertheless bound by the CPRA. person other than the client, unless:
(1) the client gives wri en informed consent;
Sec on 13. Conflict of interest. — A lawyer shall not represent conflic ng (2) there is no interference with the lawyer’s independence or
interests except by wri en informed consent of all concerned given a er a full professional judgment or with the lawyer-client rela onship; or
disclosure of the facts.
 (3) the informa on rela ng to representa on of a client is protected as Sec on 18. Prohibi on against conflict- of-interest representa on; former
required by the rule on privileged communica on. clients. — In rela on to former clients, the following rules shall be observed:
(a) A lawyer shall maintain the private confidences of a former client even
(f) A lawyer, who represents two or more clients in the same case, in case a er the termina on of the engagement, except upon the wri en informed
there is a se lement or plea-bargaining, shall disclose to all the clients the consent of the former client, or as otherwise allowed under the CPRA or other
existence and nature of all the claims or pleas involved and the par cipa on applicable laws or regula ons, or when the informa on has become generally
of each client in the se lement or plea-bargaining. known.

(g) A lawyer shall avoid tes fying in behalf of the client, except: (b) A lawyer shall not use informa on rela ng to the former representa on,
(1) on formal ma ers, such as the mailing, authen ca on or custody of an except as the CPRA or applicable laws and regula ons would permit or require
instrument, and the like; or with respect to a current or prospec ve client, or when the informa on has
(2) on substan al ma ers, in cases where the tes mony is essen al to the become generally known.
ends of jus ce, in which event the lawyer must, during the tes mony,
entrust the trial of the case to another counsel. (c) Unless the former client gives wri en informed consent, a lawyer who has
represented such client in a legal ma er shall not therea er represent a
Sec on 15. Conflict of interest of a lawyer hired by a law firm. — When a prospec ve client in the same or related legal ma er, where the prospec ve
lawyer joins a law firm, it shall be the duty of the lawyer to disclose to the law client’s interests are materially adverse to the former client’s interests.
firm, at the earliest possible opportunity, his or her previous clients that may
have a poten al conflict of interest with the current clients of the law firm. If Sec on 19. Corporate lawyers; conflict of interest. — In rela on to
there is a poten al conflict of interest, the lawyer shall not act on the case or organiza onal clients, a lawyer who represents a corpora on or any
cases of the affected current client. organiza on does not, by virtue of such representa on, necessarily represent
any cons tuent or affiliated organiza on, such as a parent or subsidiary.
Sec on 16. Prohibi on against da ng, roman c or sexual rela ons with a
client. — A lawyer shall not have da ng, roman c, or sexual rela ons with a A lawyer for a corpora on or other organiza on, who is also a member of its
client during the engagement, unless the consensual rela onship existed board of directors or trustees, shall determine whether the responsibili es of
between them before the lawyer-client rela onship commenced. the two roles may conflict. In the event of the la er, the lawyer shall disclose
the conflict of interest to all concerned par es.
Sec on 17. Prohibi on against conflict-of- interest representa on;
prospec ve clients. — In rela on to prospec ve clients, the following rules Sec on 20. Legal services organiza on; conflict of interest. — A legal services
shall be observed: organiza on is any private organiza on, including a legal aid clinic,
(a) A lawyer shall, at the earliest opportunity, ascertain the existence of any partnership, associa on, or corpora on, whose primary purpose is to provide
conflict of interest between a prospec ve client and current clients, and free legal services.
immediately disclose the same if found to exist.
In case of an objec on by either the prospec ve or current client, the lawyer A lawyer-client rela onship shall arise only between the client and the
shall not accept the new engagement. handling lawyers of the legal services organiza on. All the lawyers of the legal
services organiza on who par cipated in the handling of a legal ma er shall
(b) A lawyer shall maintain the private confidences of a prospec ve client even be covered by the rule on conflict of interest and confiden ality.
if no engagement materializes, and shall not use any such informa on to
further his or her own interest, or the interest of any current client. Sec on 21. Lawyers in government service; conflict of interest. — A lawyer
currently serving in the government shall not prac ce law privately, unless
otherwise authorized by the Cons tu on, the law or applicable Civil Service Sec on 27. Confiden ality of privileged communica on. — A lawyer shall
rules and regula ons. If allowed, private prac ce shall be upon the express maintain the confidences of the client, and shall respect data privacy laws. The
authority of the lawyer’s superior, for a stated specified purpose or duty of confiden ality shall con nue even a er the termina on of the lawyer-
engagement, and only during an approved leave of absence. However, the client engagement.
lawyer shall not represent an interest adverse to the government. Sec on 28. Protec ng client confidences. — A lawyer shall not reveal the
Sec on 22. Public A orney’s Office; conflict of interest. — The Public confidences of the client, including data from the client’s files, except;
A orney’s Office is the primary legal aid service office of the government. In (a) When a wri en informed consent is obtained from the client;
the pursuit of its mandate under its charter, the Public A orney’s Office shall (b) When required by law, such as an -money laundering statutes, or the
ensure ready access to its services by the marginalized sectors of society in a Rules of Court;
manner that takes into considera on the avoidance of poten al conflict of (c) To the extent necessary, to collect the lawyer’s fees;
interest situa ons which will leave these marginalized par es unassisted by (d) In defense of the lawyer, or the lawyer’s employees or associates; or
counsel. (e) By judicial order, but only if material.
A conflict of interest of any of the lawyers of the Public A orney’s Office Sec on 29. Duty of confiden ality by former lawyers of a law firm. — A
incident to services rendered for the Office shall be imputed only to the said lawyer shall con nue to be bound by the rule on confiden ality pertaining to
lawyer and the lawyer’s direct supervisor. Such conflict of interest shall not clients of his or her previous law office or law firm.
disqualify the rest of the lawyers from the Public A orney’s Office from Sec on 30. Duty of confiden ality of members of a law firm. — A lawyer may
represen ng the affected client, upon full disclosure to the la er and wri en disclose the legal ma ers entrusted by a client of the firm to the partners and
informed consent. associates, as well as paralegals, legal assistants, law clerks, legal researchers,
Sec on 23. Amicus curiae. — A lawyer shall not decline, without just cause, a law interns, and other non-legal staff, who are or will be involved in the
request by any court, tribunal, or other government agency to act as amicus handling of the client’s account, unless expressly prohibited by the client.
curiae in any proceeding rela ng to the lawyer’s exper se or field of A lawyer directly entrusted with a client’s confidences shall adopt necessary
specializa on. measures to prevent other members of the law firm, both legal and non-legal,
Sec on 24. Ac ve involvement in legal educa on. — A lawyer shall keep to whom the client’s confidences have been shared, from disclosing or using
abreast of legal developments, par cipate in con nuing legal educa on them, without the wri en informed consent of the client.
programs, and support efforts to achieve standards of excellence in law Sec on 31. Prohibi on against filial disclosure. — A lawyer shall not discuss a
schools as well as in the prac cal training of law students. client’s confidences even with family members.
In addi on, a lawyer shall assist the Integrated Bar of the Philippines, law Sec on 32. Non-disclosure of legal consulta on. — A lawyer shall not reveal
schools, law alumni associa ons, law associa ons, or civic organiza ons, in that he or she has been consulted about a par cular case except to avoid
educa ng the public on the law and jurisprudence. possible conflict of interest.
The IBP Chapters shall provide supervising lawyers to the legal aid clinics in Sec on 33. Foreign lawyers. — Foreign lawyers cannot, directly or indirectly,
their jurisdic on. prac ce law in the Philippines.
Sec on 25. Support for legal internship, appren ceship and training. — To Sec on 34. Ac ve par cipa on in the development of the legal
prepare the next genera on of lawyers for ethical prac ce, lawyers shall profession. — A lawyer shall par cipate in the development of the legal
support legal internship and appren ceship programs and accept law students system by ini a ng or suppor ng efforts in law reform, the improvement of
for training. the administra on of jus ce, strengthening the judicial and legal system, and
The lawyer shall treat the appren ces as junior colleagues and future advocacies in areas of special concern such as the environment, indigenous
counsels, and shall conscien ously supervise them. peoples’ rights, human rights, access to jus ce and good governance.
Sec on 26. Prompt payment of membership dues. — A lawyer shall promptly Sec on 35. Limited Legal Services. — Limited Legal Services refer to services
pay the annual membership dues in the Integrated Bar of the Philippines, for a specific legal incident, with the expecta on by the lawyer and the client
unless expressly exempt from such payment by law or rules. that the lawyer will not provide con nuing legal services in the ma er. This
includes being appointed as counsel de officio only for arraignment purposes Sec on 41. Fair and reasonable fees. — A lawyer shall charge only fair and
or special appearances to make any court submission, to give advice, to dra reasonable fees.
legal documents, to provide legal assistance before courts or administra ve A orney’s fees shall be deemed fair and reasonable if determined based on
bodies, and the like. the following factors:
In all instances, the lawyer shall state that the service being rendered is in the (a) The me spent and the extent of the service rendered or required;
nature of Limited Legal Services. (b) The novelty and difficulty of the issues involved;
A lawyer who renders Limited Legal Services shall be en tled to compensa on (c) The skill or exper se of the lawyer, including the level of study and
as may be agreed upon or provided by the Rules of Court. experience required for the engagement;
Sec on 36. Pro bono Limited Legal Services. — A lawyer appointed by the (d) The probability of losing other engagements as a result of acceptance of
court as counsel de oficio shall not refuse to render Limited Legal Services pro the case;
bono on the ground of conflict of interest. Instead, the lawyer shall disclose to (e) The customary charges for similar services and the recommended schedule
all affected par es such conflict of interest. of fees, which the IBP chapter shall provide;
In any case, the lawyer may not refuse to render such pro bono legal services (f) The quan ta ve or qualita ve value of the client’s interest in the
to the person concerned if only to the extent necessary to safeguard the engagement, or the benefits resul ng to the client from the service;
la er’s fundamental rights and not to deprive such person of remedies (g) The con ngency or certainty of compensa on;
available under the law or rules. (h) The character of the engagement, whether limited, seasonal, or otherwise;
A lawyer currently serving in the government shall not be exempt from pro and
bono service and may be appointed by any court, tribunal, or other (i) Other analogous factors.
government agency as counsel de officio, unless prohibited by law, or the Sec on 42. Division of fees upon referral. — A lawyer shall, in case of referral
applicable Civil Service rules and regula ons, or when there is a conflict of of legal services in favor of another lawyer with the wri en informed consent
interest with government. of the client, be en tled to a division of fees in propor on to the work
Sec on 37. Duty of confiden ality in Limited Legal Services. — A lawyer who performed and responsibility assumed.
provides Limited Legal Services must protect the client’s private confidences to Where a lawyer undertakes to complete unfinished legal business of a
the same extent as if engaged under regular terms. deceased lawyer, a division or sharing of fees is allowed with the deceased
Sec on 38. Termina on of Limited Legal Services. — Unless governed by lawyer’s legal heirs or estate.
Canon III, Sec on 36, a lawyer must cease to provide Limited Legal Services to Sec on 43. Non-Sharing of fees with non- lawyers. — A lawyer shall not
a client when the lawyer becomes aware that there may be an actual or share, split, or divide or s pulate to divide, directly or indirectly, a fee for legal
poten al conflict of interest, except with the wri en informed consent of the services with persons or organiza ons not licensed or authorized to prac ce
client. law.
In all cases, the Limited Legal Services terminates upon the comple on of such Sec on 44. Payment of compensa on by third party. — A lawyer shall not
services. receive any fee, reward, costs, commission, interest, rebate or forwarding
Sec on 39. Limited Legal Services of law student prac oners. — The allowance or other compensa on from anyone other than the client, except
Limited Legal Services rendered by a law student prac oner under the upon the wri en informed consent of such client.
Clinical Legal Educa on Program shall be governed by the CPRA. Receipt of compensa on from someone other than the client must not
Sec on 40. Accountability of legal clinic director and supervising lawyer. — A interfere with the lawyer’s independence, professional judgment, or the
law student clinic director and supervising lawyer, under Rule 138-A of the lawyer- client rela onship. Neither should informa on rela ng to
Rules of Court shall provide meaningful training to law students. They shall representa on of a client be disclosed in viola on of the rule on privileged
assume responsibility for any work performed by the law student while under communica on.
their supervision and shall comply with all the laws, rules, and guidelines Sec on 45. Prompt payment of legal fees. — A lawyer is en tled to prompt
pertaining to Law Student Prac ce. payment from the client of a orney’s fees.
Absent an express agreement as to professional fees, a lawyer is en tled to be Sec on 50. Separate funds. — A lawyer shall keep the funds of the clients
paid reasonable a orney’s fees in accordance with Canon III, Sec on 41. separate and apart from his or her own and those of others kept by the
Sec on 46. Controversy over legal fees. — A lawyer shall avoid any lawyer.
controversy with a client concerning fees for legal services and shall resort to Sec on 51. Prohibi on against acquiring interest in object of li ga on or
judicial ac on solely to prevent imposi on, injus ce or fraud. transac on. — A lawyer shall not acquire, directly or indirectly, a proprietary
Sec on 47. Enforcement of a orney’s lien. — In case of non-payment of interest in the property or rights which is the object of any li ga on or
a orney’s fees, a lawyer may resort to the enforcement of the a orney’s lien transac on in which the lawyer may take part by virtue of the profession.
under Canon III, Sec on 54, by filing a No ce of Enforcement of A orney’s Sec on 52. Prohibi on on lending and borrowing; excep ons. — During the
Lien with the court, tribunal, or other government agency of origin where the existence of the lawyer-client rela onship, a lawyer shall not lend money to a
ac on or proceeding the lawyer rendered service for is pending, without client, except under urgent and jus fiable circumstances. Advances for
prejudice to other remedies under the law or the Rules of Court. The No ce professional fees and necessary expenses in a legal ma er the lawyer is
shall be accompanied by proof of the services rendered, and served on the handling for a client shall not be covered by this rule.
client. The court, tribunal, or other government agency, a er hearing, shall Neither shall a lawyer borrow money from a client during the existence of the
determine the lawyer’s en tlement to the claimed fees. lawyer-client rela onship, unless the client’s interests are fully protected by
The enforcement of an a orney’s lien shall be treated as an independent the nature of the case, or by independent advice. This rule does not apply to
claim and shall in no instance delay the resolu on of the main case. The standard commercial transac ons for products or services that the client
resolu on of the lawyer’s claim may be included in the main judgment or in a offers to the public in general, or where the lawyer and the client have an
separate par al judgment. In the case of a par al judgment, the same shall be exis ng or prior business rela onship, or where there is a contract between
subject of appeal. the lawyer and the client.
An appeal in the main case shall not stay the execu on of the lawyer’s lien. In Sec on 53. Termina on of engagement by the lawyer. — A lawyer shall
the execu on of the judgment in the main case, the court shall give due terminate the lawyer- client engagement only for good cause and upon
considera on to the pending claim of the lawyer. wri en no ce, in any of the following cases:
If the claim for a orney’s lien arises a er a decision has been rendered by the (a) When the client pursues an illegal or immoral course of conduct in
court, tribunal, or other government agency of origin on the ac on or connec on with the engagement;
proceeding, the claim for the enforcement of the lien shall be by an (b) When the client insists that the lawyer pursue conduct that is viola ve of
independent ac on. these Canons and rules;
Sec on 48. Compensa on for counsel de oficio. — Subject to availability of (c) When the lawyer’s inability to work with a co-counsel will not promote the
funds as may be provided by law, the court may, in its discre on, order a best interest of the client;
lawyer engaged as counsel de officio to be compensated in such sum as the (d) When the moral predisposi on or the mental or physical condi on of the
court may fix following Canon III, Sec on 41, provided that it is not covered by lawyer renders it difficult to carry out the engagement effec vely;
the provision on Limited Legal Services. (e) When the client deliberately fails to pay the fees for the lawyer’s services,
Sec on 49. Accoun ng during engagement. — A lawyer, during the existence fails to comply with the retainer agreement, or can no longer be found despite
of the lawyer- client rela onship, shall account for and prepare an inventory of diligent efforts;
any fund or property belonging to the client, whether received from the la er (f) When the lawyer is elected or appointed to public office;
or from a third person, immediately upon such receipt. (g) Other similar cases.
When funds are entrusted to a lawyer by a client for a specific purpose, the Sec on 54. Termina on of engagement by the client. — The lawyer-client
lawyer shall use such funds only for the client’s declared purpose. Any unused engagement may be terminated by the client at any me upon loss of trust
amount of the entrusted funds shall be promptly returned to the client upon and confidence.
accomplishment of the stated purpose or the client’s demand. The termina on 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 wri ng, the lawyer shall be en tled to recover from the client
the full compensa on s pulated, unless found by the court, tribunal or other
government agency to be unconscionable or unreasonable under Canon III,
Sec on 41 of the CPRA.
For the payment of the compensa on, the lawyer shall have a charging lien
upon all judgments for the payment of money, and execu ons issued in
pursuance of such judgment, rendered in the case where the lawyer’s services
had been retained by the client.
Sec on 55. Termina on of engagement upon death. — The death of the
lawyer or client shall terminate the lawyer-client rela onship. The death of
such lawyer shall not ex nguish the lawyer-client engagement between the
law firm and the client handled by such law firm.
Sec on 56. Accoun ng and turn over upon termina on of engagement. — A
lawyer who is discharged from or terminates the engagement shall, subject to
an a orney’s lien, immediately render a full account of and turn over all
documents, evidence, funds, and proper es belonging to the client.
The lawyer shall cooperate with the chosen successor in the orderly transfer of
the legal ma er, including all informa on necessary for the efficient handling
of the client’s representa on.
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
un l the fair and reasonable fees and disbursements have been paid, and may
apply such funds to the sa sfac on thereof.