The lawyer owes “entire devotion to the interest of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability,” to the end that nothing be taken or be withheld from him, save the rules of law, legally applied. In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law, and he may expect his lawyer to assert every such remedy or defense.
Legarda vs. Court of Appeals, 195 SCRA 418 (1991)
In the discharge of his duty of entire devotion to the client’s cause, a lawyer should present every remedy or defense authorized by law in support of his client’s cause, regardless of his personal views.
Choa vs. Chiongson, 260 SCRA 477 (1996)
While a lawyer owes absolute fidelity to the cause of his client, full devotion to his genuine interest, and warm zeal in the maintenance and defense of his rights, he must do so only within the bounds of law.
Maglasang vs. People, 190 SCRA 306
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 scrupulously observant of law and ethics.
People vs. Irisuillo, 82 Phil. 1 (1948)
While a lawyer may, in accordance with the canons of the profession and his duty to aid in the administration of justice, properly decline to handle a civil suit when he is convinced that it is intended to harass or injure the opposite party or to work oppression or wrong, an attorney for the defense in a criminal action has the right and the duty to render effective legal assistance to the accused, irrespective of his personal opinion as to the guilt of his client.
Rule 19.01. 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 138, s.20 (d):
xxx to employ, for the purposes of maintaining the causes confided to him, such means only as are consistent with truth or honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.
Surigao Mineral Resevation Board vs. Cloribel, 31 SCRA 1 (1970)
A lawyer should use his best efforts to restrain and to prevent his client from those things which he himself ought not to do, particularly with reference to the conduct toward the court, judicial officer, witness and suitor; and IF the client persists in such wrongdoing, the lawyer should terminate their relation.
Lacsamana vs. dela Peña, 58 SCRA 22
A lawyer shall employ such means only as are consistent with truth and honor. Thus, he should not offer evidence any document which he knows is false nor present any witness whom he knows will perjure. He should make such defense only as he believes to be honestly debatable under the law.
Rule 19.02. 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.
Canon 21, CPR
A lawyer should not allow his client to perpetuate fraud. However, the lawyer shall not volunteer the information about the client’s commission of the fraud to anyone for that will run counter to his duty to maintain at all times the client’s confidences and secrets.
Rule 19.03. A lawyer shall not allow his client to dictate the procedure in
handling the case.
The professional employment of an attorney merely confers upon him the general authority to do on behalf of his client such acts as are necessary or incidental to the prosecution or management of the suit entrusted to him OR the accomplishment of its purpose for which he was retained.
The employment itself confers upon the attorney no implied or apparent authority to bind the client on substantial matters:
1. the cause of action,
2. the claim or demand sued upon, and 3. the subject matter of the litigation
are substantial matters which the attorney may not impair, novate, compromise, settle, surrender or destroy without the client’s consent or authority.
Control of Proceedings
In the matters of law, it is the client who yields to the lawyer and not the lawyer yielding to the client. The basis of this rule is that the lawyer is better trained and skilled in law. Cause of action, claim or demand, and subject of litigation are within client’s control. Hence, the attorney may not impair, settle or compromise without client’s knowledge and consent. However, proceedings to enforce the remedy are within the exclusive control of the attorney. In fine, in the matters of procedure, lawyer in control, and as to the subject matter, the client is in control.
Caballero vs. Deiparine, 60 SCRA 136 (1974)
A lawyer should endeavor to seek instruction from his client on any substantial matter concerning the litigation, which may require decision on the part of the client, such as whether to compromise the case or to appeal an unfavorable judgment. He should, moreover, give his client the benefit of sound advice on any such similar matters and comply with the client’s lawful instructions relative thereto.
Canon 8, CPE
While it is a lawyer’s duty to comply with the client’s lawful request, he should resist and should never follow any unlawful instruction of his client. In the matters of law, it is the client who should yield the lawyer and not the other way around.
Cosmos Foundry Shop Worker’s Union v. Lo Bu, 63 SCRA 313 (1975)
xxx xxx Atty. Bustamante was expected to defend his client’s cause with zeal, but not at the disregard of the truth and in defiance of the clear purpose of the labor statutes. He ought to remember that his obligation as an officer of the court, no less than the dignity of the profession, requires that he should not act like an errand-boy at the beck and call of his client, ready and eager to do his bidding. If he fails to keep the admonition in mind, he puts into serious question his good standing in the bar.
Dick vs. U.S., 70 ALR 90
The rule speaks of procedure only. The lawyer can for instance
1. choose the proceedings he will institute in the pursuit of his client’s case;
2. he will determine the witnesses to be presented in court 3. he can enter into stipulations of fact, though not of law
4. he can agree to advance the date of hearing or to continue the case 5. he can waive objections to evidence as he may deem fit.
In brief, in matters of procedure, where he is skilled, he is in control but not as to the subject matter of the case.
Bagsa vs. Nagramada, 11 Phil. 174 (1908)
Generally, the authority of an attorney to make admissions is limited to the action in which he is retained; consequently, admissions made by him on behalf of a client in one case are not binding upon the same client in another suit, except when the attorney has been expressly authorized to make the admission or the subsequent litigation is related to the previous controversy.
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A lawyer cannot, without special authority, compromise his client’s litigation or receive anything in discharge of the client’s claim but the full amount thereof in cash (Melendrez vs.Decena, 176 SCRA 662). A compromise entered into without authority is merely unenforceable. It can be ratified by the client, if he so desires. However, a lawyer has the exclusive management of the procedural aspect of the litigation including the enforcement of rights and remedies of the client. Thus, when a case is submitted for decision on the evidence so far presented, the counsel for private respondents acted within the scope of his authority as agent and lawyer in negotiating for favorable terms for his client. (Mobil Oil Philippines vs. Yabut, 208 SCRA 523)