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1. THE LAWYER AND THE CLIENT

2. NATURE OF ATTORNEY-CLIENT RELATIONSHIP Strictly Personal Highly confidential Fiduciary The preservation and protection of the relation will encourage a client to entrust his legal problems to an attorney, which is of paramount importance to the administration of justice ( Hilado vs. David, September 21, 1949)

3. Retainer or employment Act of the client by which he engages the services of an attorney to render legal advice, or to defend or prosecute his cause of action. Types: General Retainer- to secure beforehand the services of an attorney for any legal problem that may afterward arise Special Retainer – has reference to a particular case or service

4. Creation of Relation Forms of Employment as Counsel to a client Oral – without an agreement but the conditions and amount of attorney’s fees are agreed upon Written – terms and conditions are explicitly stipulated in a written document, which may be a private or public document Implied- there is no agreement (oral or written) but the client allowed the lawyer to render legal services not intended to be gratuitous without objection, and the client is benefited by reason thereof

5. While a written agreement for professional services is the best evidence to show the relation, formality IS NOT AN ESSENTIAL ELEMENT of the employment of an attorney. The absence of a written contract will not preclude a finding that there is a professional relationship ( Hilado v. David, September 21, 1949)

6. Advantages of a written contract Conclusive as to the amount of compensation; and In case of unjustified dismissal of an attorney, he shall be entitled to recover from the client full compensation stipulated in the contract (REPUBLIC ACT NO. 636)

7. EFFECT OF ACCEPTANCE OF FEE WITH KNOWLEDGE OF ITS NATURE AND PURPOSE Acceptance by the lawyer of fee knowing its nature and purpose effectively barred him from altogether disclaiming the existence of an attorney-client relationship. This is despite the fact that the complainant, after such payment, let almost 2 years passed without communicating with his lawyer and dealt with him only after an adverse decision has been rendered. (Villafuerte vs. Cortez, April 14, 1998)

8. A lawyer shall not refuse his services to the needy CANON 14

9. CONSTITUTIONAL BASIS: Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty (1987 CONTI, ARTICLE III, SEC 11) Read in conjunction to Canon 2, rule 2.01: “Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or the oppressed”

10. Right to Decline Employment He cannot refuse his services to the NEEDY. (on account of the latter’s race, sex, creed, or status of life or because of his own opinion regarding the guilt of said person; He cannot decline an appointment as COUNSEL DE OFFICIO or amicus curiae or a request from the IBP or any of its chapters for rendition of free legal aid EXCEPT for serious and sufficient cause; Example of serious and sufficient causes : He is not in a position to carry out the work effectively or competently; He labors under a conflict of interest between him and the prospective client or between a present client and the prospective client

11. When refusal to give/render services becomes a duty: Violation of any of the rules of the legal profession Advocacy in any matter in which he had intervened while in the government service Nullification of a contract which he prepared Employment, the nature of which might easily be used as a means of advertising his professional services or his skills Employment with a collection agency, which solicits business to collect claims; Any matter which he knows or has reason to believe that he or his partner will be an essential witness for the prospective client

12. Reasons 1. the lawyer’s signature in every pleading constitutes a certification by him that there is a good cause to support it and that it is not interposed for delay and willful violation of such rule will subject him to disciplinary action 2. it is the lawyer’s duty to counsel or maintain such actions or proceedings only as appear to him to be just and only such defenses as he believes to be honestly debatable under the law 3. a lawyer should not encourage either the commencement or continuance of any action or delay any man’s cause for corruptive motive or interest 4. he must decline to conduct a civil case or make a defense when it is merely intended to harass or injure the opposite party or to work oppression or wrong

13. A lawyer shall not decline to represent a person solely on account of the latter’s sex, creed or status of life or because of his own opinion regarding the guilt of the said person. Rule 14.01

14. Only applies to criminal cases Rule 138, section 20 (c) - To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law.

15. A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de officio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. Rule 14.02

16. Counsel de Officio A counsel, appointed or assigned by the court, from among such members of the bar in good standing who, by reason of their experience and ability, may adequately defend the accused. The court considers the gravity of the offense and the difficulty of the questions that may arise The appointment rests upon the presiding judge An accused wants to defend himself without counsel, the judge may allow him to go to trial without a counsel by the cannot later claim he was not accorded due process for lack of counsel Cannot be appointed if the accused wants to hire its own counsel, otherwise the court violates the right of the accused to counsel and his conviction may be set aside on that ground Duty bound to exert his best effort and professional ability Given an ample amount of time to prepare for the case (confer with the accused, study the records of the case) Arraignment: given at least one hour to consult with the accused

17. COURTS are cautioned against the frequent appointment of the same attorney as counsel de officio for two reasons: Unfair to the attorney considering the burden of his regular practice The compensation provided by section 32 of the ROC might be considered not envisioned by the rules Section 32.   Compensation for attorneys de oficio . — Subject to availability of funds as may be provided by the law the court may, in its discretion, order an attorney employed as counsel  de oficio   to be compensates in such sum as the court may fix in accordance with section 24 of this rule. Whenever such compensation is allowed, it shall be not less than thirty pesos (P30) in any case, nor more than the following amounts: (1) Fifty pesos (P50) in light felonies; (2) One hundred pesos (P100) in less grave felonies; (3) Two hundred pesos (P200) in grave felonies other than capital offenses; (4) Five Hundred pesos (P500) in capital offenses.

18. Amicus Curiae “friend of the court” Experienced and impartial attorneys may be invited by the court to appear as amici curiae to help in the disposition of issues submitted to it.

19. Amici Curiae par Excellence Bar associations which appear in court as friends to expound on some matters of law for the information of the court

20. A lawyer may not refuse to accept representation of an indigent client unless: (a) he is not in a position to carry out the work effectively or competently; (b) he labors under a conflict of interest between him and the prospective client or between a present client and the prospective client. Rule 14.03

21. A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Rule 14.04

22. BAR MATTER 2012 February 10, 2009 RULE ON MANDATORY LEGAL AID SERVICE Purpose: Enhance the duty of lawyers to society as agents of social change enhance the duty of lawyers to the courts as officers by helping improve access to justice by the less privileged members of society and expedite the resolution of cases involving them . Mandatory free legal service by members of the bar and their active support thereof will aid the efficient and effective administration of justice especially in cases involving indigent and pauper litigants.

23. SECTION 3.  Scope .   This Rule shall govern the mandatory requirement for practicing lawyers to render free legal aid services in all cases (whether, civil, criminal or administrative) involving indigent and pauper litigants where the assistance of a lawyer is needed . It shall also govern the duty of other members of the legal profession to support the legal aid program of the Integrated Bar of the Philippines.

24. PRACTICING LAWYERS - are members of the Philippine Bar who appear for and in behalf of parties in courts of law and quasi-judicial agencies. The term "practicing lawyers" shall exclude : ( i ) Government employees and incumbent elective officials not allowed by law to practice; (ii) Lawyers who by law are not allowed to appear in court ; (iii) Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of non-governmental organizations (NGOs) and peoples’ organizations (POs) like the Free Legal Assistance Group who by the nature of their work already render free legal aid to indigent and pauper litigants and (iv) Lawyers not covered under subparagraphs ( i ) to (iii) including those who are employed in the private sector but do not appear for and in behalf of parties in courts of law and quasi-judicial agencies.

25. Indigent and pauper litigants indigent and pauper litigants  are those defined under Rule 141, Section 19 of the Rules of Court and  Algura v. The Local Government Unit of the City of Naga  (G.R. No.150135, 30 October 2006, 506 SCRA 81);

26. When an application to litigate as an indigent litigant is filed , the court shall scrutinize the affidavits and supporting documents submitted by the applicant to determine if the applicant complies with the income and property standards prescribed in the present Section 19 of Rule 141 —that is, the applicant's GROSS INCOME AND THAT OF THE APPLICANT'S IMMEDIATE FAMILY DO NOT EXCEED AN AMOUNT DOUBLE THE MONTHLY MINIMUM WAGE OF AN EMPLOYEE; and the applicant DOES NOT OWN REAL PROPERTY WITH A FAIR MARKET VALUE OF MORE THAN THREE HUNDRED THOUSAND PESOS (PHP 300,000.00) . If the trial court finds that the applicant meets the income and property requirements, the authority to litigate as indigent litigant is automatically granted and the grant is a matter of right.

27. However, if the trial court finds that one or both requirements have not been met, then it would set a hearing to enable the applicant to prove that the applicant has "no money or property sufficient and available for food, shelter and basic necessities for himself and his family." In that hearing, the adverse party may adduce countervailing evidence to disprove the evidence presented by the applicant; after which the trial court will rule on the application depending on the evidence adduced. In addition, Section 21 of Rule 3 also provides that the adverse party may later still contest the grant of such authority at any time before judgment is rendered by the trial court , possibly based on newly discovered evidence not obtained at the time the application was heard. If the court determines after hearing , that the party declared as an indigent is in fact a person with sufficient income or property , the proper docket and other lawful fees shall be assessed and collected by the clerk of court . If payment is not made within the time fixed by the court, execution shall issue or the payment of prescribed fees shall be made, without prejudice to such other sanctions as the court may impose.

28. Free legal aid services refer to appearance in court or quasi-judicial body for and in behalf of an indigent or pauper litigant and the preparation of pleadings or motions . It shall also cover assistance by a practicing lawyer to indigent or poor litigants in court-annexed mediation and in other modes of alternative dispute resolution (ADR). Services rendered when a practicing lawyer is appointed counsel de oficio shall also be considered as free legal aid services and

29. Requirements Every practicing lawyer is required to render a minimum of sixty (60) hours of free legal aid services to indigent litigants in a year. Said 60 hours shall be spread within a period of twelve (12) months, with a minimum of five (5) hours of free legal aid services each month. However, where it is necessary for the practicing lawyer to render legal aid service for more than five (5) hours in one month, the excess hours may be credited to the said lawyer for the succeeding periods.

30. Penalties a) At the end of every calendar year, any practicing lawyer who fails to meet the minimum prescribed 60 hours of legal aid service each year shall be required by the IBP, through the NCLA, to explain why he was unable to render the minimum prescribed number of hours. If no explanation has been given or if the NCLA finds the explanation unsatisfactory, the NCLA shall make a report and recommendation to the IBP Board of Governors that the erring lawyer be declared a MEMBER OF THE IBP WHO IS NOT IN GOOD STANDING. Upon approval of the NCLA’s recommendation, the IBP Board of Governors shall declare the erring lawyer as a member not in good standing. Notice thereof shall be furnished the erring lawyer and the IBP Chapter which submitted the lawyer’s compliance report or the IBP Chapter where the lawyer is registered, in case he did not submit a compliance report. The notice to the lawyer shall include a directive to pay Four Thousand Pesos (P4,000) penalty which shall accrue to the special fund for the legal aid program of the IBP.

31. b) The "not in good standing" declaration shall be effective for a period of three (3) months from the receipt of the erring lawyer of the notice from the IBP Board of Governors. During the said period, the lawyer cannot appear in court or any quasi-judicial body as counsel . Provided, however, that the "not in good standing" status shall subsist even after the lapse of the three-month period until and unless the penalty shall have been paid. (c) Any lawyer who fails to comply with his duties under this Rule for at least three (3) consecutive years shall be the subject of disciplinary proceedings to be instituted  motu proprio  by the CBD . If found administratively liable, the penalty of suspension in the practice of law for one (1) year shall be imposed upon him .

32. Free Legal Assistance Act Of 2010 Ra No. 9999 Section 2.   Declaration of Policy.  - It is the declared policy of the State to value the dignity of every human person and guarantee the rights of every individual, particularly those who cannot afford the services of legal counsel. the State shall guarantee free legal assistance to the poor and ensure that every person who cannot afford the services of a counsel is provided with a competent and independent counsel preferably of his/her own choice, if upon determination it appears that the party cannot afford the services of a counsel, and that services of a counsel are necessary to secure the ends of justice and protect of the party.

33. Legal services to be performed by a lawyer refers to any activity which requires the application of law, legal procedure, knowledge, training and experiences which shall include, among others, legal advice and counsel, and the preparation of instruments and contracts, including appearance before the administrative and quasi-judicial offices, bodies and tribunals handling cases in court, and other similar services as may be defined by the Supreme Court.

34.   Incentives to Lawyers.  lawyer or professional partnerships rendering actual free legal services, as defined by the Supreme Court, shall be entitled to an allowable deduction from the gross income , the amount that could have been collected for the actual free legal services rendered or up to ten percent (10%) of the gross income derived from the actual performance of the legal profession, whichever is lower: Provided, That the actual free legal services herein contemplated shall be exclusive of the minimum sixty (60)-hour mandatory legal aid services rendered to indigent litigants as required under the Rule on Mandatory Legal Aid Services for Practicing Lawyers, under  BAR Matter No. 2012,  issued by the Supreme Court.

35. Requirements for Availment.   a lawyer or professional partnership shall secure a certification from the Public Attorney's Office (PAO), the Department of Justice (DOJ) or accredited association of the Supreme Court indicating that the said legal services to be provided are within the services defined by the Supreme Court, and that the agencies cannot provide the legal services to be provided by the private counsel.

36. A FAIR LAWYER SHALL OBSERVE CANDOR, FAIRNESS, AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENT CANON 15

37. Demands of an attorney an undivided allegiance, a conspicuous and high degree of good faith, disinterestedness, candor, fairness, loyalty, fidelity and absolute integrity in all his dealings and transactions with his clients and an utter renunciation of every personal advantage conflicting in any way, directly or indirectly with the interest of his client. ( Oparel Sr. vs. Abraria , July 30, 1971)

38. Rule 15.01 A lawyer, in conferring with a prospective client shall ascertain as soon as practicable, whether the matter would involve a conflict with another client or his own interest, and if so, shall forthwith inform the prospective client.

39. A potential conflict of interest is a matter which could be determined at the initial conferment with a prospective client considering the facts given to him and by asking the necessary questions regarding the facts and the personalities involved in the case. In case of conflict of interest, preference shall be given to the client’s interest. The failure to disclose his prior engagement is a GOOD ground for the client to DISCHARGE his attorney (McArthur vs. Fry)

40. Kinds of Conflict of Interest Concurrent Representation (MULTIPLE) – represents clients whose objectives are adverse to each other, no matter how slight or remote such interests may be Sequential Representation (SUCCESSIVE)- represents clients who has an interest adverse to the interest of a former client

41. RULE 15.02 A lawyer shall be bound by the rule on privileged communication in respect of matters disclosed to him by a prospective client

42. Privileged communication (Revised Rules on Evidence) Sec. 24 (b) an attorney or person reasonably believed by the client to be licensed to engage in the practice of law CANNOT , without the consent of the client, be examined to any communication made by the client to him or her, or his or her advice given thereon in the course of, or with a view to, professional employment, nor can an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer, concerning any fact the knowledge of which has been acquired in such capacity, EXCEPT in the following cases:

43. Furtherance of crime or fraud . If the services or advice of the lawyer were sought or obtained to enable or aid anyone to commit or plan to commit what the client knew or reasonably should have known to be a crime or fraud; Claimants through same deceased client . As to a communication relevant to an issue between parties who claim through the same deceased client, regardless of whether the claims are by testate or intestate, or by inter vivos transaction; Breach of duty by lawyer or client . As to a communication relevant to an issue of breach of duty by the lawyer to his client or her client, or by the client to his or her lawyer; Document attested by the lawyer . As to a communication relevant to an issue concerning an attested document to which the lawyer is an attesting witness; or Joint clients . As to a communication relevant to a matter of common interest between two or more clients if the communication was made by any of them to a lawyer retained or consulted in common, when offered in an action between any of the clients, unless they have expressly agreed otherwise.

44. Purpose of the rule To encourage a client to make a full disclosure of the facts of the case to his counsel without fear; and To allow the lawyer freedom to obtain full information from his client

45. Instances where Client’s Identity is Privileged If the identification of a client conveys information which ordinarily would be part of the usual privileged communication between attorney and client, the privilege extends to such identification in the absence of such facts as: The commencement of litigation, on behalf of the client Identification relating to an employment of a third person The employment of an attorney with respect to future criminal or fraudulent transactions Or the prosecution of a lawyer for a criminal offense Where a strong possibility exists that revealing the client’s name would implicate the client in the very activity for which he sought the lawyer’s advice Where the disclosure would open the client to civil liability

46. A distinction should be drawn between a crime or fraud committed and a crime or fraud being committed or about to be committed. The former comes within the privilege but not with respect to the latter.

47. Requisites that establish the existence of the Attorney-Client Privileged Communication Where legal advice of any kind is sought From a professional legal adviser in his capacity as such The communications relating to that purpose Made in confidence By the client Are at his instance permanently protected From disclosure by himself or by the legal advsor ; and Except where the protection be waived. ( Hadjula vs. Madianda , July 3, 2007)

48. Requisites of the Attorney-Client Privilege Existence of an Attorney-Client relationship Communication was made by the client to the lawyer in the course of the lawyer’s professional employment; and Communication must be intended to be confidential

49. Burden of Proof The client must intend the communication to be confidential The party who avers that the communication is privileged has the burden of proof to establish the existence of the privilege unless from the face of the document itself, it clearly appears that it is privileged. Mere allegation is not sufficient (People v. Sleeper, December 3, 1924) The privilege is not destroyed by the fact that a third person may have overheard the communication nor by the fact that other attorneys represented the client.

50. Parties covered by the privilege an attorney or person reasonably believed by the client to be licensed to engage in the practice of law the client, an attorney’s secretary, stenographer, or clerk, or other persons assisting the attorney be examined without the consent of the client and his or her employer,

51. Duration of the Privilege General rule: even after the termination of the attorney-client relationship. Exceptions: Required by law Authorized by the client after acquainting himself of the consequences of the disclosure Necessary to collect his fees or to defend himself, his employees or associates or by judicial action Waived by the client Communication seeking advice to commit fraud or establish false claim

52. Effect of termination of relationship No justification for a lawyer to represent an interest adverse to or in conflict with that of the former client on a matter involving confidential information which the lawyer acquired when he was counsel ( Sabitsana vs. Muertegui , August 5, 2013) Reason: the client’s confidence once reposed should not be divested by mere expiration of professional employment.

53. Revised Penal Code article 209.   Betrayal of trust by an attorney or solicitor . Revelation of secrets. - In addition to the proper administrative action, the penalty of prision correccional in its minimum period, or a fine ranging from 40,000 to 200,000 pesos, or both, shall be imposed upon any attorney-at-law or any person duly authorized to represent and/or assist a party to a case who, by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity . The same penalty shall be imposed upon an attorney-at-law or any person duly authorized to represent and/or assist a party to a case who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.

54. A lawyer shall not represent conflicting interests except by written consent of all concerned given after full disclosure of the facts CANON 15.03

55. Reason Founded on the principles of public policy and good taste. In the course of the lawyer-client relationship, the lawyer learns of the facts connected with the client’s case, including the weak and strong points of the case (Castro-Justo vs. Galing , November 16, 2011)

56. Applies to law firms Reasons: To bar the dishonest practitioner from fraudulent conduct; and Prevent the honest practitioner from attempting to reconcile conflicting interests rather than to enforce to the full extent the rights or the interest which he should alone represent. ( Hilado vs. David, September 21, 1949) The absence of monetary consideration does not exempt lawyers from complying with the prohibition because it attaches from the establishment of the attorney-client relationship and extends beyond the duration of the relationship This rules covers not only cases in which confidential information have been confided but also those in which no confidence has been bestowed or will be used (Santos vs. Beltran, December 11, 2003)

57. A lawyer’s immutable duty to a former client does not cover transactions that occurred beyond the lawyer’s employment with the client. The intent of the law is to impose upon the lawyer the duty to protect the client’s interest only on matters that he previously handled for the former client and not for matters that arises after the lawyer-client relationship has terminated (Lim-Santiago vs. Sagucio , March 31, 2006) Good faith is NOT A defense. ( Daging vs. Atty Davis, November 12, 2014)

58. Test to determine conflicting interests: Conflicting duties- whether the lawyer is bound to fight for a claim in behalf of one client and, at the same time, to oppose that claim for the other client Invitation of suspicion – when the acceptance of a new relation would prevent the full discharge of the lawyer’s duty of undivided fidelity and loyalty to the client or invite suspicion of unfaithfulness or double-dealing in the performance of that duty Use of prior knowledge obtained- whether the lawyer would be called upon in the new relation to use against a former client any confidential information acquired through their connection or previous employment

59. Exceptions to the Rule against Representing Conflicting Interests Where clients knowingly consent to the dual representation, Except: Gamilla vs. Marino Jr. March 20, 2003 where the lawyer brings suit to the same defendant, and it is uncertain whether the defendant will be able to satisfy both judgments. A lawyer is not authorized to have financial stakes in the subject matter of the suit in behalf of the client. Where no true attorney-client relationship is attendant.

60. A lawyer may, with the written consent of all concerned, act as mediator, conciliator or arbitrator in settling disputes Rule 15.04

61. Consent in writing Cannot represent either parties To determine whether the lawyer is acting as intermediary may depend upon the circumstances such as the sharing of fees of both parties.

62. A lawyer, when advising his client shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case. Rule 15.05

63. Lawyers are not merely hired employees who must unquestionably do the bidding of the client however unreasonable this may be when tested by their own appreciation of the fact and applicable law and jurisprudence ( Periquet vs. NLRC, June 22, 1990)

64. A Lawyer shall not state nor imply that he is able to influence any public official, tribunal or legislative body Rule 15.05

65. Prohibits what is known as INFLUENCE-PEDDLING especially so if the purpose is to enhance the legal standing and to entrench the confidence of the client that his case or cases are assured to victory

66. A lawyer shall impress upon his client compliance with the laws and the principles of fairness Rule 15.07

67. The lawyer who advises his client not to obey the order of the courts is guilty of contempt and misconduct (Conge vs. Deret , March 25, 1974) A lawyer is required to represent his client within the bounds of law.

68. A lawyer who is engaged in another profession or occupation concurrently with the practice of law shall make clear to his client whether he is acting as a lawyer or in another capacity Rule 15.08

69. Reason: Certain ethical considerations governing the client-lawyer relationship may be operative in one case and not in the other. A lawyer is NOT BARRED from dealing with his client but the business transaction must be characterized with utmost honesty and good faith. Business transactions between an attorney and client are DISFAVORED and DISCOURAGED by policy of law because by virtue of a lawyer’s office, he is in an easy position to take advantage of the credulity and ignorance of his client. There is no presumption of innocence or improbability of wrongdoing in favor of lawyers (Nakpil vs. Valdes, March 4, 1998)

70. A lawyer shall hold in trust all moneys and properties of his client that may come into his possession CANON 16

71. A lawyer shall account for all money or property collected or received for or from the client. Rule 16.01

72. Obligations of a Lawyer under Rule 16.01 ACCOUNT to the client how the money was spent RETURN the money to the client if it was not used for the intended purpose (if not returned, presumption of misappropriation) DELIVER the client’s fund or properties as they fall due or upon demand (no disbursement to creditors without client’s authority, IN RE ABAD, 98 PHIL 899) ( Trenas vs. People, January 25, 2012) REASON : highly fiduciary and confidential relation of attorney and client. The duty is derived from the law on agency which imposes the duty of SEPARATION, ACCOUNTING, NOTIFICATION and DELIVERY on all agents possessing the principal’s property.

73. A lawyer shall keep the funds of each client separate and apart from his own and those of others kept by him Rule 16.02

74. Reason To prevent confusion and possible misappropriation of funds and properties, and appearance of impropriety. If the funds are kept in a separate account, the temptation to convert them to personal use is one step removed.

75. A lawyer shall deliver the funds and property of his client when due or upon demand. However, he shall have a lien over the funds and may apply so much thereof as may be necessary to satisfy his lawful fees and disbursements, giving notice promptly thereafter to his client. He shall also have a lien to the same extent on all judgments and executions he has secured for his client as provided for in the Rules of Court. Rule 16.03

76. In order to apply the funds of the client to his fees, the CLIENT’S CONSENT must be obtained. Should no consent be obtained OR When there is DISAGREEMENT as to the lawyer’s fees OR the client DISPUTES the amount for being unconscionable, the lawyer should return the funds and file a case to recover his unsatisfied fees. (J.K. Mercado and Sons Agricultural Enterprises vs. De Vera, October 26, 1999) Lawyers are not allowed to UNILATERALLY APPROPRIATE their clients money for themselves by the mere fact that the clients owe them attorney’s fees.

77. CHARGING LIEN An equitable right to have the fees and lawful disbursements due a lawyer for his services in a suit secured to him out of the judgment for the payment of money and executions issued in pursuance thereof in the particular suit. the attorney's lien takes legal effect from and after the time the attorney concerned caused notice of said lien to be entered in the record, and served on his client and the adverse party. (Dahlke vs. Viña , 51 Phil., 707) The operative fact that determines the birth of the lien, it is clear, is the time at which the lawyer caused a statement of his claim to be entered in the record , and not any other. That the amount of the attorney's lien was, at the time, unliquidated , does not militate against this conclusion, as it has been held that it is not necessary to the existence of the lien that the amount due the attorney should be liquidated, although the exact amount of the claim should be determined before the lien can be enforced

78. It is based on the natural equity that the plaintiff should not be allowed to the appropriate the whole of judgment in his favor without paying there out for the services of his attorney in obtaining such judgment. It was a device invented by the courts for the protection of attorneys against the knavery of their clients, by disabling clients from receiving the fruits of recoveries without paying for the valuable services by which the recoveries were obtained. The lien was never enforced like other liens. ( Bacolod Murcia Milling Company, Inc.,vs . Fidel Henares )

79. A lawyer shall not borrow money from his client unless the client's interest are fully protected by the nature of the case or by independent advice. Neither shall a lawyer lend money to a client except, when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client. Rule 16.04

80. Prohibitions under Rule 16.04 Lawyer borrowing money from client REASON : To prevent the lawyer to take advantage of his influence over the client EXCEPTION : interest of the client is fully protected by the nature of the case or by independent advice Example : Borrow from client bank provided compliance by rules & Regulation of the bank Lawyer lending money to client REASON : to assure the lawyer’s independent professional judgment. If the lawyer acquires financial interest in the outcome of the case, the free exercise of judgment may be adversely affected. EXCEPTION : when in the interest of justice, he has to advance necessary expenses in a legal matter he is handling for the client SUBJECT to reimbursement. To take advantage of client’s plight to acquire the client’s property for his own benefit is destructive of the confidence of the public in the fidelity, honesty and integrity of the legal profession.

81. Article 1491 (5) The following persons cannot acquire by purchase, even at a public or judicial auction, either in person or through the mediation of another: Justices, judges, prosecuting attorneys, clerks of superior and inferior courts, and other officers and employees connected with the administration of justice, the property and rights in litigation or levied upon an execution before the court within whose jurisdiction or territory they exercise their respective functions; this prohibition includes the act of acquiring by assignment and shall apply to lawyers , with respect to the property and rights which may be the object of any litigation in which they may take part by virtue of their profession;

82. The prohibition is absolute and permanent and rests on consideration of public policy. There is no need to show fraud and no excuse will be heard. The law does not trust human nature to resist the temptation likely to arise.

83. ELEMENTS OF PROHIBITION Attorney-client relationship The attorney is the counsel of record The property is in litigation The attorney, by himself of through an agent, purchases such property during the pendency of said case.

84. APPLICABLE INSTANCES Redemption, compromise and renunciation of the subject in litigation Lease of the subject in litigation Assignment of rights over a property subject of litigation in consideration of legal services while the case is pending

85. INSTANCES WHERE THE PROHIBITION IS INAPPLICABLE The purchaser is a corporation even though the attorney was an officer thereof In a contract of attorney’s fees which is contingent upon the outcome of the litigation Where the sale took place after the termination of the litigation; the attorney may accept an assignment from his client of a money judgment rendered in the client’s favor in a case where he was not a counsel, in payment of his professional services in another case Where the property purchased is not involved in a litigation Where the attorney was not the counsel at the time of the purchase Where the sale took place before it became involved in the suit

86. A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM. CANON 17

87. REASON Fidelity to the cause of the client is the essence of legal profession. He must be ever mindful of the trust and confidence reposed in him by the clients. His duty to safeguard the clients’ interest commences from engagement and lasts until his effective release by the clients. During that time he is expected to take every reasonable step and exercise ordinary care as his clients’ interest may require (Pesto vs. Atty. Milo, March 13, 2013) He should represent every remedy or defense authorized by law in support of his client’s cause regardless of his personal views.

88. A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE. CANON 18

89. DEGREE OF DILIGENCE All that is required is ORDINARY DILIGENCE or that DEGREE OF VIGILANCE EXPECTED OF A BONUS PATER FAMILIAS ( Diligence of a good father of a family ). ( Edquibal vs. Ferrer, February 3,2005) Extraordinary diligence is not required.

90. PRESUMPTION OF REGULARITY It is presumed that a counsel takes ordinary care of his concerns ; and that his official duty (as officer of the court) is regularly performed (Rules of Court, Rule 131) Rebutted by clear and convincing evidence The degree of care required is not affected by the fact that the lawyer’s services are rendered gratuitously.

91. Duty to Protect the Client’s Interest

92. A lawyer shall not undertake a legal service which he knows or should know that he is not qualified to render. However , he may render such service if, with the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter. Rules 18.01

93. A lawyer’s ACCEPTANCE of a case is an IMPLIED REPRESENTATION that he possesses the requisite degree of academic learning, skill and ability in his practice. ( Azor vs. Beltran, March 25, 1975)

94. General rule A lawyer should not accept a case, which he knows or should know he is not qualified to render. Exception: With the consent of his client, he can obtain as collaborating counsel a lawyer who is competent on the matter.

95. COLLABORATING COUNSEL A Lawyer who is subsequently engaged to assist another lawyer already handling a particular case for a client. The same diligence of the first counsel is required of the collaborating counsel. ( Sublay vs. NLRC, January 31, 2000) Consent of the client is always required (hire a new counsel and to enter appearance as collaborating counsel)

96. RIGHT TO EFFECTIVE REPRESENTATION Not only does everyone have the right to representation but also the right to effective representation . An incapable lawyer if consulted, should either: Decline to act Obtain consent to retain, consult or collaborate with a lawyer competent in the field. OR collaborate with experts in scientific, accounting or other non-legal filed

97. A lawyer shall not handle any legal matter without adequate preparation. Rule 18.02

98. CONCEPT OF ADEQUATE PREPARATION It includes: Sufficient knowledge of the law and jurisprudence - full protection of the client’s interest requires no less than a mastery of the applicable law and facts involved in a case, regardless of the nature of assignment. Keep abreast of latest jurisprudence and developments in all branches of law. 2. Ability in Trial technique – through his skill in interviewing witnesses and his actions in case of conflict in trial dates 3. High proficiency in the formulation of leadings – shows the extent of his study and preparation

99. Instances Filed criminal case instead of civil case Filed in a court with no jurisdiction

100. A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable. Rule 18.03

101. General rule The client is bound by his counsel’s conduct, negligence and mistake in handling a case. Except: Outright deprivation of client’s liberty or property Interest of justice requires (technical errors provided not impair substantial rights) Gross negligence results to Deprivation of due process of law Client was deprived from fully and fairly presenting his case In labor cases where laborers having meritorious claims were deprived of full hearing on the merits

102. Requisites of gross negligence The counsel has been grossly negligent to justify a new trial Client has good and meritorious defense Client is not guilty of gross negligence

103. Application of Command Responsibility in Law Firm Practitioners Partners and practitioners who hold supervisory capacities are legally responsible to exert ordinary diligence in apprising themselves of the comings and going of the cases handled by the persons over which they are exercising supervisory authority and in exerting necessary efforts to foreclose concurrence of violations of the Code of Professional Responsibility by persons under their charge ( Solatan vs. Inocentes , August 9, 2005)

104. DUTY TO KEEP THE CLIENT FULLY INFORMED

105. A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to the client's request for information. Rule 18.04

106. REASON As an officer of the court, it is the duty of an attorney to inform his client of whatever important information he may have acquired affecting his client’s case. He should notify his client of any adverse decision to enable his client to decide whether to seek an appellate review thereof. Keeping the client informed of the developments of the case will minimize misunderstanding and loss of trust and confidence.

107. How to keep client fully informed Periodic and full updates on developments but the clients is also duty bound to keep in touch with his counsel Apprise on the mode and manner that the lawyer is utilizing Advise of the risk and the alternatives and their consequences (WON to compromise or appeal but DO NOT heed to illegal requests) In case of adverse decision, Notify within the period of appeal

108. Doctrine of imputed knowledge The knowledge acquired by an attorney during the time that he is acting within the scope of his authority is imputed to the client. Why? Attorney is presumed to have communicated the same to his principal The doctrine applies whether or not the lawyer communicated to the client what he learned in his professional capacity, the attorney and his client being, in legal contemplation, one juridical person

109. Exception: Strict application might foster collusion If the court orders service of notice to client instead of lawyer Notice to client when he has no counsel When clients wants to plead guilty Fully acquaint of the records and circumstances of the case Confer on him on what actually happened Ensure prescribed procedure is strictly followed and disclosed in the court records Advise of constitutional rights

110. A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW. CANON 19

111. A lawyer’s duty is not to his client but to the administration of justice; to that end, his client’s success is wholly subordinate and his conduct ought to and must always be unscrupulously observant of law and ethics.

112. A lawyer shall employ only fair and honest means to attain the lawful objectives of his client and shall not present, participate in presenting or threaten to present unfounded criminal charges to obtain an improper advantage in any case or proceeding. Rule 19.01

113. Employ means consistent with truth and honor Not state personal belief as to the soundness or justice of his case as his belief has no real bearing on the case.

114. A lawyer who has received information that his client has, in the course of the representation, perpetrated a fraud upon a person or tribunal, shall promptly call upon the client to rectify the same, and failing which he shall terminate the relationship with such client in accordance with the Rules of Court. Rule 19.02

115. A lawyer should use his best efforts to restrain and to prevent his client from doing those things, which he himself ought not to do, particularly with reference to the conduct toward the court, judicial order, witness and suitor and if the client persists in such wrongdoings, the lawyer should terminate their relation He may NOT VOLUNTEER THE INFORMATION concerning the client’s commission of fraud to anybody, as it will violate his obligation to maintain his client’s secrets undisclosed.

116. AUTHORITY OF A LAWYER

117. A lawyer shall not allow his client to dictate the procedure in handling the case. Rule 19.03

118. The lawyer has exclusive management of the procedural aspect of the litigation/ this means all proceedings in court to: Bring the claim, demand and cause of action or subject matter of the suit to hearing, trial, determination, judgment and execution; and Enforce the remedy Substantial aspec t, he can bind the client on with his express or implied consent The client has exclusive control over: Cause of action Claim or demand sued upon Subject matter of the litigation

119. Kinds of appearance GENERAL – done by a lawyer for any act except to question the jurisdiction of the court SPECIAL – solely intended to question the jurisdiction of the court

120. Presumption of authority An attorney is presumed to be properly authorized go represent any cause in which he appears in all stages of the litigation and no written authority is required to authorize him to appear.

121. Disputable presumption May be overcome by clear evidence to the contrary such a judicial declaration that a litigant is incompetent. Mere denial by a party that he has authorized an attorney to appear for him , in the absence of any compelling reason, is insufficient to overcome the presumption especially when the denial comes after the rendition of an adverse judgment.

122. Who can challenge a lawyer’s appearance Client because the relationship is one akin to agency Adverse party – must be seasonably done otherwise estoppel would come in

123. Effect on Unauthorized Appearance Party is not bound by the attorney’s appearance in the case or by the judgment rendered therein Court does not acquire jurisdiction over the person if the party has not been served with summons The adverse party who has been forced to litigate as a defendant by the unauthorized action on the part of the attorney for the plaintiff may, on that ground, move for the dismissal of the complaint; If unauthorized representative is willful, attorney may be cited for contempt as an officer of the court who has misbehaved in his official transaction, and he may be disciplined for professional misconduct

124. Ratification of unauthorized appearance Express: categorical assertion by the client he has authorized a lawyer or that he confirms his authorization to represent him in the case Implied: where a party, with knowledge of the fact that a lawyer has been representing him in a case, accepts benefits of representation or fails to promptly repudiate the assumed authority

125. Requisites for implied ratification by silence Party represented by a lawyer must be of age, competent or if suffering from any disability, has a guardian or representative Guardian is aware of the attorney’s representation He fails to promptly repudiate assumed authority

126. Compromise A contract whereby the parties, by making reciprocal concessions, avoid litigation or put an end to one already commenced (Article 2028, Civil Code) GENERAL RULE: attorney has no authority to compromise his client’s case (RULES OF COURT) as the latter retains exclusive control over the subject matter of the litigation. The client can authorize his lawyer to compromise his case, and the settlement made by the lawyer will bind his client

127. Forms of compromise In the absence of statutory requirement, no particular form of agreement is essential to the validity of a compromise. Either of the following is essential for the validity of a compromise effected by an attorney: Special authority – need not be in writing , although it is not only wise but rident as well to secure a written authority. If no authority, settlement is unenforceable and not null and void ab initio Subsequent ratification on the part of the client

128. Authority to appeal No implied authority to waive his client’s right to appeal or to withdraw a pending appeal Even if he think it is frivolous, he cannot move to dismiss the appeal without the client’s consent. His remedy is to withdraw from the case.

129. Authority to dismiss a case A lawyer has no authority to dismiss his client’s case with prejudice, even if he does not believe that his client will prevail in the action. If dismissal without prejudice, he has implied authority to do so. Dismissal with prejudice operates as an adjudication of the action upon its merits and precludes its refiling on the ground of res judicata

130. ATTORNEY’S FEES

131. CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

132. Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees: (a) the time spent and the extent of the service rendered or required; (b) the novelty and difficulty of the questions involved; (c) The importance of the subject matter; (d) The skill demanded; (e) The probability of losing other employment as a result of acceptance of the proffered case; (f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs; (g) The amount involved in the controversy and the benefits resulting to the client from the service; (h) The contingency or certainty of compensation; ( i ) The character of the employment, whether occasional or established; and (j) The professional standing of the lawyer.

133. The fact of employment is the legal basis of the lawyer’s right to demand payment for his services. No formal contract is necessary effectuate employment The reason for the adequate compensation: inorder to serve the client’s effectively and to preserve the integrity and independence of the profession as well as its decorum and respectability. A lawyer like any other human being has the right to livelihood. The proper time to fix the attorney’s fees is at the commencement of the attorney-client relationship. The compensation is merely incidental as the primary purpose of the practice of law is to render public service. (as an officer of the court)

134. requisites Existence of attorney-client relationship Rendition of services

135. ORDINARY CONCEPT EXTRAORDINARY CONCEPT Reasonable compensation paid to the lawyer for the legal services he had rendered in favor of his client. An indemnity for damages ordered by the court to be paid by the losing party to the prevailing party in a litigation. Paid to the lawyer GR: To the client EXPN: to the lawyer if there is an agreement that the award shall pertain to the lawyer as an additional compensation or as part thereof. Basis: fact of employment Any of the cases authorized by law.

136. Attorney’s Fees as Damages The accepted rule is that the award for damages must be stated in the text of the court’s decision; otherwise, if stated only in the dispositive portion of the decision, the same must be disallowed on appeal. Reason: it is an exception rather than the general rule. It is necessary for the court to make findings of fact and law that would bring the case within the exception and justify the grant of such award.

137. General rule: attorney’s fees as damages is not recoverable as a matter of right because it is not the fact of winning that ipso facto justifies the award but the attendance of any of the special circumstances. EXCEPTION: There is an agreement It is deemed by the court as just and equitable Action for indemnity under workmen’s compensation and employees liability laws Defendant acted in gross and evident bad faith Action for support When at least double costs are awarded which is usually awarded to frivolous actions Cases for recovery of wages In criminal cases of malicious prosecution (defendant was acquitted/ person who has charged him knowingly made the false statement of facts or at that the filing was prompted by sinister design to vex him. Action is clearly unfounded and untenable that it amounts to gross bad faith A special law so authorizes Defendant’s action or omission in gross bad faith compelled plaintiff to litigate Exemplary damages is awarded

138. two concepts of retainer As an act of a client- by which he engages the services of an attorney to render legal advice or to defend or prosecute his cause in court As a fee which a client pays to the attorney Expiration of the retainer contract between the parties during the pendency of the labor case does not extinguish the respondent’s right to attorney’s fees.

139. Kinds of Retainer Agreement General retainer – fee paid to a lawyer to secure his future services as “general counsel” for any ordinary legal problem that may arise in the ordinary business of the client and referred to him for legal action. The client pays fixed retainer fees, which could be monthly or otherwise. The fees are paid whether or not there are cases referred to the lawyer; or Special retainer – fees for a specific case or service rendered by the lawyer for the client

140. Kinds of payment that may be stipulated upon: Fixed or absolute fee: Payable regardless of the result of the case Fixed fee payable per appearance Fixed free computed by the number of hours spent; or Fixed fee based on piece of work Contingent fee – conditioned on the securing of a favorable judgment and recovery of money or property and the amount of which may be on a percentage basis; and Combination of the above arrangements or an entirely different agreement not contrary to law, morals or public policy

141. Quantum Meruit (as much as he deserves) Device to prevent unjust enrichment based on the equitable postulate that it is unjust for a person to retain benefit without paying for it. Used as basis for determining an attorney’s professional fees in the absence of an express agreement. The recovery of an attorney’s fees on the basis of quantum meruit is a device that prevents an unscrupulous client from running away with the fruits of legal services of counsel without paying for it and also avoids unjust enrichment on the part of the attorney himself.

142. Instances where you apply quantum meruit Lawyer was not able to finish the case (justifiable cause) The fees in the contract was unconscionable No express agreement Non compliance with the conditions provided in the contract of services Client and attorney disregards the contract for legal services When the contract is void Dismissal of counsel before termination of the case

143. Factors in determining fees based on quantum meruit Time spend and extent of services rendered Novelty and difficulty of questions involved Importance of the subject matter Skills demanded of a lawyer Probability of losing other employment Customary charges (IBP) Amount involved and the benefit to be received by the client Contingency or certainty of compensation Character of employment Professional standing of lawyer Purchasing power of peso Financial capacity of the client

144. Reasonableness No hard and fast rule Base it on the facts and circumstances of the case Within the capacity of the client to pay Commensurate with the legal services rendered But must not be tantamount to deprivation of property of his client

145. Attorney’s lien 1. attorney’s lien 2. retaining lien

146. Attorney’s lien Equitable right to have the fees and lawful disbursements due a lawyer for his services in a suit secured to him out of the judgment for the payment of money and executions issued in pursuance thereof in the particular suit. Requisites for enforceability of charging lien: Favorable money judgment secured for the client attorney-client relationship Attorney has claim for his fees or advances Attorney has rendered services Statement of the claim has been duly recorded in the case with notice thereof served upon the client and the adverse party Does not attach to the property in litigation but to the judgment for the payment of money and the executions issued in pursuance of such judgment.

147. Assignment of Charging Lien GR: may be assigned or transferred Expn : result to the breach of attorney’s duty to preserve his client’s confidence

148. Retaining lien General lien for the balance due to the lawyer from his client for services rendered in the matters which he may have handled for the client, regardless of the outcome. It is the right to retain funds, documents and papers as against the client until the attorney is fully paid his fees. Requisites: attorney-client relationship Lawful possession of funds, documents and papers in his professional capacity Unsatisfied claim for attorney’s fees or disbursements it attaches to all the property, papers, books, documents or securities of the client that lawfully comes to the lawyer professionally or in the course of his professional employment (not in other capcity )

149. Rule 20.02 - A lawyer shall, in case of referral, with the consent of the client, be entitled to a division of fees in proportion to the work performed and responsibility assumed.

150. Enforcement of Attorney’s Fees Rule 20.03 - A lawyer shall not, without the full knowledge and consent of the client, accept any fee, reward, costs, commission, interest, rebate or forwarding allowance or other compensation whatsoever related to his professional employment from anyone other than the client.

151. Rule 20.04 - A lawyer shall avoid controversies with clients concerning his compensation and shall resort to judicial action only to prevent imposition, injustice or fraud.

152. CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.

153. Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except; (a) When authorized by the client after acquainting him of the consequences of the disclosure; (b) When required by law; (c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

154. Rule 21.02 - A lawyer shall not, to the disadvantage of his client, use information acquired in the course of employment, nor shall he use the same to his own advantage or that of a third person, unless the client with full knowledge of the circumstances consents thereto.

155. Exception: rule 21.01 and in matters of unprivileged information Exception to the exception: in case of unprivileged information, the lawyer may be judicially compelled even if the client objects. This rule covers both privileged and unprivileged information.

156. Rule 21.03 - A lawyer shall not, without the written consent of his client, give information from his files to an outside agency seeking such information for auditing, statistical, bookkeeping, accounting, data processing, or any similar purpose.

157. Rule 21.04 - A lawyer may disclose the affairs of a client of the firm to partners or associates thereof unless prohibited by the client.

158. The rule is that the professional employment of a law firm is equivalent to the retainer of the members thereof even though only one of them is consulted. Conversely, the employment of one member of a law firm is generally considered as employment of the law firm.

159. Rule 21.05 - A lawyer shall adopt such measures as may be required to prevent those whose services are utilized by him, from disclosing or using confidences or secrets of the clients.

160. Rule 21.06 - A lawyer shall avoid indiscreet conversation about a client's affairs even with members of his family.

161. Rule 21.07 - A lawyer shall not reveal that he has been consulted about a particular case except to avoid possible conflict of interest.

162. WITHDRAWAL OF SERVICES CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.

163. Rule 22.01 - A lawyer may withdraw his services in any of the following case: (a) When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling; (b) When the client insists that the lawyer pursue conduct violative of these canons and rules; (c) When his inability to work with co-counsel will not promote the best interest of the client; (d) When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment effectively; (e) When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement; (f) When the lawyer is elected or appointed to public office; and (g) Other similar cases.

164. Without just cause No express written agreement as to fees – reasonable value of his services up to the date if his dismissal (quantum meruit) There is written agreement and the fee stipulated is absolute and reasonable – full payment of the compensation The amount stipulated as contingent fee If dismissed before the conclusion of the action- reasonable value of his services (quantum meruit) If the contingency occurs or client prevents its occurrence – full amount Note: the lawyer should question his discharge, otherwise he will only be allowed to recover on quantum meruit basis.

165. Requirements (FACC) In case such written consent cannot be secured, there must be filed with the application proof of service of notice of the application upon the attorney to be substituted. Written application for the substitution Written consent of the client;and Written consent of the attorney to be substituted. Note: substitution, which does not comply with all of the requirements, is defective (AGPALO)

166. Rule 22.02 - A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperative with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.

167. -END-