Since a lawyer is expected to be competent, he or she must participate ‘in lifelong learning through the continued development of professional skills’
“[A] lawyer… shall, to the best of his or her ability, observe competence, diligence, commitment, and skill” in the performance of his or her professional duties.”
The duties must be observed “regardless of the nature of the legal matter or issues involved, and whether [the legal services of the lawyer are] … fee [based] or pro bono” (Canon IV).
The lawyer’s diligence and fiduciary duty shall not be diminished just because the legal services are for free.
The lawyer must be competent, efficient, and conscientious in providing the legal services, being “thorough in research, preparation, and application of the legal knowledge and skills necessary for an engagement” (Section 1).
For example, a lawyer must provide only a thoroughly studied and well-researched legal opinion to the client.
The legal opinion must be based on the facts given by the client, taking into consideration the advantages and disadvantages of the proposed legal steps or actions to the latter.
“A lawyer [in giving legal advice] shall, after reasonable inquiry, promptly give an objective assessment of the merits and probable results of the client’s case… [and] shall explain the viable options to the client to enable [the latter to have] an informed decision regarding the matter” (Section 5).
“A lawyer shall be punctual in all appearances, submissions of pleadings and documents before any court, tribunal or other government agency, and all matters professionally referred by the client, including meetings and other commitments” (Section 3).
Furthermore, “[a] lawyer shall appear for trial adequately familiar with the law, the facts of the case, and the evidence to be presented.
“A lawyer shall also be ready with the object and documentary evidence, as well as the judicial affidavits of the witnesses, when required by the rules or the court” (Section 4).
“A lawyer shall regularly inform the client of the status and the result of the matter undertaken, and any action [taken] in connection thereto, and shall respond within a reasonable time to the client’s request for information” (Section 6). Updates to clients are important to make them feel that their interests are adequately represented and protected.
Pleadings and other court submissions must be supported by reasonable and not frivolous legal arguments.
Every issue, ground, or argument presented in pleadings and court submissions must be meticulously analyzed and meaningfully articulated to aid the courts in rendering a fair judgment.
Understanding this immense responsibility, a lawyer should accept only such legal work that he or she can diligently and competently perform.
Hence, a lawyer believing the legal assistance being sought by the prospective client is outside of his or her legal skill or competence may opt to decline the proposed legal engagement.
“A lawyer shall only undertake legal services he or she can deliver” (Section 2).
For instance, a lawyer who is already heavily burdened with legal work may decline the proposed legal engagement in order not to jeopardize the interest of the prospective client.
To effectively represent the client’s interest, “[w]ith the prior written consent of the client, a lawyer may secure the services of a collaborating counsel” (Section 3).
In cases of multiple lawyers representing a single client or one party, only the lead counsel shall be served with copies of pleadings and court submissions (see Section 2, Rule 13, 2019 Rules of Civil Procedure).
In observing diligence in all professional undertakings, a lawyer “shall not cause or occasion delay in any legal matter before any court, tribunal, or other agency” (Section 4).
A lawyer shall not file motions for postponements or cancellations of hearings outside of the grounds provided in the Rules of Court.
“A lawyer shall avoid asking for an extension of time to file any pleading, motion, or other court submission, except when allowed by the Rules of Court or for good cause.
“When an extension is obtained, the lawyer shall not let the period lapse without submitting the pleading, motion, or other court submission…” (Section 7).
Since a lawyer is expected to be competent, he or she must participate “in lifelong learning through the continued development of professional skills” (Section 8).
This is why lawyers participate and comply with Mandatory Continuing Legal Education, or enroll in graduate legal courses and specialized legal conventions.
