Professional Documents
Culture Documents
12. Under the Code of Professional Responsibility, what is the principal obligation of a
lawyer towards:
1.) the legal professional and the integrated bar
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY
OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED
BAR.
Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or
suppressing a material fact in connection with his application for admission to the bar.
Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person
known by him to be unqualified in respect to character, education, or other relevant
attribute.
Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to
practice law, nor shall he whether in public or private life, behave in a scandalous manner to
the discredit of the legal profession.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY
TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
(additional)
Under Section 20 of Rule 138, lawyers should:(a) not encourage either the commencement
or the continuance of an action or proceeding, or delay any man's cause, from any corrupt
motive or interest; (b) to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed; (c) in the defense of a person accused of crime, by all fair and
honorable means, regardless of his personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the end that no person may be deprived of
life or liberty, but by due process of law (d) counsel or maintain such actions or proceedings
only as appear to him to be just, and defenses only as he believes to be honestly debatable
under the law.
13. State the significance of the lawyer's oath. What, in effect, does a lawyer represent to a
client when he accepts a professional employment for his service?
The lawyer's oath is a source of obligations and its violation is a ground for suspension,
disbarment or other disciplinary action. By his oath, he is immediately pledged to abide by
his duty - to uphold the Constitution, to obey all laws of the land and promote respect for
law and legal processes (Canon 1). In effect, a lawyer's oath to uphold the cause of justice
is superior to his duty to his client and its primacy is indisputable.
14. Section 20, Rule 138 of the Rules of Court enumerates nine (9) duties of attorneys. Give
at least three of them.
According to Section 20 of Rule 138, it is the duty of an attorney:
(a)
To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines.
(b)
To observe and maintain the respect due to the courts of justice and judicial officers;
(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.
(d)
To employ, for the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge or any
judicial officer by an artifice or false statement of fact or law;
(e)
To maintain inviolate the confidence, and at every peril to himself, to preserve the
secrets of his client, and to accept no compensation in connection with his client's business
except from him or with his knowledge and approval;
(f)
To abstain from all offensive personality and to advance no fact prejudicial to the
honor or reputation of a party or witness, unless required by the justice of the cause with
which he is charged;
(g)
Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;
(h)
Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;
(i)
In the defense of a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present every defense
that the law permits, to the end that no person may be deprived of life or liberty, but by due
process of law.
2. a.) A lawyer was apprehended with 200 cartons of untaxed and smuggled blue seal
cigarettes merely to accommodate a friend. Proceedings to bar him are commenced, and he
defends himself with he plea that his act of transporting the blue seal untaxed and
smuggled cigarettes had no relation to the practice of law, and that he cannot therefore be
disbarred for that reason. Resolve the issue, giving your reasons.
The defendant's argument that his act of transporting the blue seal untaxed and smuggled
cigarettes had no relation to the practice of law, and therefore is not a ground for
disbarment is untenable. The dishonesty, gross immorality and violation of law, under
Canon 1 Rule 1.01, need not be committed in a relation to his professional duties.
Consequently, he may be sanctioned for acts committed in his private affairs.
b.) Attorney X, barely 22 years old, and just beginning his practice of law, to
accommodate Attorney Z, an old legal practitioner in whose law office X was accepted as an
associate, and out of respect and gratitude to his benefactor Z, ratified in his capacity as
notary public a document personally prepared by Z, in which the latter and Y agreed to live
together as husband and wife without benefit of marriage, and either or both of them may
marry after one year should the opportunity arise. May Attorneys X and Z be disbarred for
their respective acts? Reasons.
Yes. Lawyer X's gross misconduct in the practice of his profession is a ground for his disbarment
by not complying with the Rules on Notarial Practice. While lawyer Z's act of entering into such
contract constitutes as gross immorality and may be a ground for disbarment.
Lawyers have the duty to act with honesty, morality and lawful conduct and its continued
compliance is essential in remaining in the practice of law; since the practice of law is a privilege
accorded only to those who measure up to the certain rigid standards of mental and moral fitness.