Below are good qualities that clients may consider in hiring a lawyer. These are based primarily from the Code of Professional Responsibility and Accountaibility and Supreme Court cases.
1. Does not engage in dishonesty; Refrains from behaving in a scandalous manner
| Integrity and Honesty: A “green flag” lawyer acts with integrity and moral uprightness in all their dealings. They exhibit honesty in their interactions, both personal and professional. The legal profession is a noble calling imbued with public trust, requiring lawyers to act with these qualities. |
Real-life examples or violations:
A. October 2021: A lawyer misrepresented and used another lawyer’s name in a civil case. He was suspended for 2 years.
B. On April 17, 2017, Atty. Leticia Ala said these words to PO3 Valena: “‘For God’s sake! Patayin niyo na si Jean Marc! Barilin nyo na kesa tayo pa ang maunahan niya dito! Simple target hindi niyo pa magawang barilin?!’ x x x ‘Anu Ba? Barilin niyo na! kahit sa paa niyo lang patamaan para hindi na siya makatakas pa! dahil dadalhin naming siya agad agad sa Metro Psych doon namin siya ilalagay para hindi na siya makalabas doon . .” The Supreme Court said that she may have been impelled by strong emotions of fear and/or distress and the need to protect her family, especially since it appeared that it was not the first instance that Jean Marc’s actions caused police officers to respond. She was suspended for 1 year and 6 months.
C. In her pleadings, Atty. Ala wrote words like: (a) “In their little minds, they both EQUATE herein Respondent’s ‘persona’ AS THE SAME as that of Drilling @ Blastin…” (b) “For all the braggadocio of herein Respondent Martin AND his counsel, it is noteworthy that said counsel does not even know FORMS of pleadings…” (c) “Sometimes, the Undersigned Complainant wonders if herein Respondent’s Counsel ‘studied and trained’ under the same Law Books as the [I] did study and train under at the University of the Philippines College of Law.” To the Supreme Court’s mind, Atty Ala’s statements confirm her arrogance.
Below are the legal basis for the decisions above:
A. “A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.” “A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor shall he mislead, or allow the Court to be misled by any artifice.”
B. Under the new CPRA, lawyers must “uphold the constitution, obey the laws of the land, promote respect for laws and legal processes, safeguard human rights, and at all times advance the honor and integrity of the legal profession.” Lawyers must also refrain from behaving in a scandalous manner, whether in public or private life, to the discredit of the legal profession (Canon II, Section 2 of the CPRA).
C. “a lawyer’s language even in their pleadings, must be dignified x x x” (Gimeno v. Atty. Zaide)
2. Does not neglect legal matters entrusted to them
| Competence and Diligence: Clients look for lawyers who serve them with competence and diligence…. This includes handling legal matters with adequate preparation, not neglecting legal matters entrusted to them…, and exhausting all possible means to protect the client’s interests. Failure to perform their obligations to the client is a serious concern. |
Real-life examples:
A. Atty. Gappi failed to attend hearings and submit a position paper in an illegal dismissal case. His actions led to the dismissal of his clients’ case. He was suspended for 3 years and ordered to pay a fine of P15,000.
Legal basis:
A. “A lawyer shall not neglect a legal matter entrusted to him, and his negligence in connection therewith shall render him liable.” x x x “A lawyer shall serve his client with competence and diligence.” (Canon 18)
3. Fidelity and Loyalty:
A trustworthy lawyer owes fidelity to the cause of their client and is mindful of the trust and confidence reposed upon them. The practice of law requires undivided loyalty to the client and the justice system. The lawyer-client relationship is of the highest fiduciary character, founded on the confidence reposed by the client.
4. Protects the Secrets of Their Client
| Confidentiality: Clients need assurance that their lawyers will maintain the confidentiality of communications. This attorney-client privilege fosters candid communication, and the duty of confidentiality continues even after the termination of the engagement. |
Real-Life Example: Hadjula vs. Atty. Madianda
Nurse Luisa and Atty. Roceles were friends working in the BFP. One day, Luisa approached Atty. Roceles for a “friendly” legal advice concerning her alleged illicit relationship, illegal activities, and the idea of filing for child support against her lover, with whom she has a child. Luisa alleged that during a search for promotion, Atty Roceles demanded for a cellphone because she was part of the Promotions Committee. Luisa filed a disbarment case and a criminal case of “Betrayal of Trust by an Attorney/Revelation of Secrets” and a violation of the CPR. The lawyer retaliated by using the documents that Luisa showed during the consultation. They served as basis for her “immoral conducts.” The lawyer’s defense is that these are all public knowledge in the BFP and are part of public records. Ultimately, the Supreme Court reprimanded and sternly warned Atty. Roceles.
Legal Basis:
Was Luisa a “client” despite the absence of payment and the presence of close friendship? Yes. A lawyer-client relationship (LCR) was established from the very first moment complainant asked respondent for legal advise regarding the former’s business. To constitute professional employment, it is not essential that the client employed the attorney professionally. LCR exists notwithstanding the close personal relationship between the parties.
The purpose of the rule of confidentiality is actually to protect the client from possible breach of confidence as a result of a consultation with a lawyer. At the end of the day, it appears clear to us that respondent was actuated by the urge to retaliate without perhaps realizing that, in the process of giving vent to a negative sentiment, she was violating the rule on confidentiality.
5. Communication and Transparency:
“Green flag” lawyers regularly update clients on the status of their cases, especially at critical milestones. They respond within a reasonable time to the client’s request for information, fostering trust and preventing misunderstandings. They also consult with the client on substantive matters affecting the client’s rights.
Real-Life Example: In Bukidnon Cooperative vs. Arndao, the lawyer submitted altered documentary evidence for pre-marking in a civil case. Despite claiming good faith and a lack of expertise in determining the authenticity of the documents, the Supreme Court found that the lawyer did not exercise the necessary care and diligence. The Court reprimanded the lawyer and sternly warned him for his conduct, emphasizing the importance of candor, fairness, and good faith in dealings with the court.
6. Respect and Professionalism:
Clients expect lawyers to exhibit respect and professionalism in all interactions. Courts and judicial officers are also required to treat lawyers with respect and courtesy, which indirectly benefits the client’s representation.
Real-life example: A lawyer was disbarred for issuing a worthless check, failing to pay debts, and repeatedly disobeying the Integrated Bar of the Philippines’ (IBP) orders. The Court highlighted that lawyers must maintain respect not only to the courts, but also to judicial officers and other duly constituted authorities, including the IBP. (January 2024)
7. Focus on Client’s Best Interests:
While lawyers have discretion in procedural and strategic decisions, they should always exercise this within the bounds of law, ethics, and the client’s best interests. They should also respect the client’s decision to settle or compromise a case after explaining the consequences.
8. Fair and Reasonable Fees:
A “green flag” lawyer ensures that their fees are reasonable, transparent, and agreed upon in advance, prohibiting overcharging or exploiting clients.
In one case, the lawyer charged an acceptance fee of P300,000.00 for the petition for declaratory relief and P700,000.00 for the petition for prohibition, with the payment of value-added tax to be shouldered by LANECO. He also charged a pre-success fee of P1,000,000.00 if the trial court will issue a preliminary injunction in the prohibition proceeding, and a success fee of 10% of the total amount of real property tax assessed by the provincial government of Lanao del Norte for a favorable judgment. The Court later ruled that he took advantage of his superior knowledge of the law by filing two separate cases when he could have assailed the validity in one pleading. He also exaggerated amounts and taxes on which to base his success fees, which amounted to misrepresentation for his selfish gain contrary to their contract. “A lawyer should only charge fair and reasonable fees.”
9. Proper Handling of Funds and Property:
Clients trust lawyers to handle their funds and properties with loyalty, keeping them separate from personal funds, maintaining accurate records, and promptly accounting for or returning them upon request.
10. Avoidance of Conflicts of Interest:
Lawyers who disclose potential conflicts of interest and avoid representing adverse interests without informed consent are seen as trustworthy.
In a Civil Case, the plaintiffs sought the annulment of a certificate of title, while another group of intervenors sought to have their adverse claim on the same certificate of title respected. Despite these opposing interests, the lawyer signed both the plaintiffs’ complaint and the complaint-in-intervention of Palma’s group, effectively representing both sides in the same litigation. The Court held that a lawyer must not represent conflicting interests unless there is written informed consent from all concerned parties after full disclosure of the facts. The Court imposed a fine of P110,000.
11. Upholding Justice and the Law:
As officers of the court, “green flag” lawyers uphold the integrity of the justice system and are duty-bound to uphold the Constitution and the laws.
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