Professional Documents
Culture Documents
Cases of falsehood:
1.
stating in the Deed of Sale that property is free from all liens and encumbrances when
not so
2.
encashing check payable to a deceased cousin by signing the latters name on the
check
3.
falsifying a power of attorney and using it in collecting the money due to the principal
4.
alleging in one pleading that the clients were mere lessees and in another pleading
that the same clients were owners
5.
presenting falsified documents in court which he knows to be false
6.
filing false charges on groundless suits
7.
using in pleadings the IBP number of another lawyer
8.
unsolicited appearances
9.
use of fictitious residence certificate
10. misquotation/misrepresentation
11. citing a repealed or amended provision
12. asserting a fact not proved
13. verbatim reproductions down to the last word and punctuation mark
14. slight typo mistake: not sufficient to place him in contempt
CANON 11 A lawyer shall observe and maintain the respect due to the courts and to
judicial officers and should insist on similar conduct by
others.
Rule 11.01 A lawyer shall appear in court properly attired.
As an officer of the court and in order to maintain the dignity and respectability of the
legal profession, a lawyer who appears in court must be properly attired. Consequently,
the court can hold a lawyer IN CONTEMPT of court if he does not appear in proper attire.
Any deviation from the commonly accepted norm of dressing in court (barong or tie, not
both) is enough to warrant a citing for contempt.
The public duties of the attorney take precedence over his private duties. His first
duty is to the courts. Where duties to the courts conflict with his duties to his clients,
the latter must yield to the former.
Lawyers must be respectful not only in actions but also in the use of language whether
in oral arguments or in pleadings.
Must exert efforts that others (including clients, witnesses) shall deal with the courts
and judicial officers with respect.
Criticisms of courts must not spill the walls of decency. There is a wide difference
between fair criticism and abuse and slander of courts and judges. Intemperate and
unfair criticism is a gross violation of the duty to respect the courts. It amounts to
misconduct which subjects the lawyer to disciplinary action.
Lawyers must be courageous enough to expose arbitrariness and injustice of courts and
judges.
A lawyer may submit grievances against judges in the Supreme Court, Ombudsman, or
Congress (for impeachment of SC judges only).
CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the
speedy and efficient administration of justice.
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared
himself with the law and the facts of his case, the evidence he will adduce and the
order of its preference. He should also be ready with the original documents for
comparison with the copies.
Newly hired counsel: must acquaint himself with all the antecedent proceedings and
processes that have transpired in the record prior to his takeover.
If presenting documentary exhibits, he must be ready with the originals for the purpose
of comparison with copies thereof.
Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
Forum shopping omission to disclose pendency of appeal or prior dismissal of his case
by a court of concurrent jurisdiction.
Forum shopping constitutes DIRECT CONTEMPT of court and may subject the offending
lawyer to disciplinary action.
Rule 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings,
memoranda or briefs, let the period lapse without submitting the same or offering an
explanation for his failure to do so.
2.
b.
on substantial matters, in cases where his testimony is essential to the ends of
justice, in which event he must, during his testimony, entrust the trial of the case to
another counsel.
CANON 13 A lawyer shall rely upon the merits of his cause and refrain from any
impropriety which tends to influence, or gives the appearance of influencing the court.
Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor
seek opportunity for, cultivating familiarity with judges.
Rule 13.02 A lawyer shall not make public statements in the media regarding a
pending case tending to arouse public opinion for or against a party.
Rule 13.03 A lawyer shall not brook or invite interference by another branch or
agency of the government in the normal course of judicial proceedings.
The judge has the corresponding duty not to convey or permit others to convey the
impression that they are in a special position to influence the judge.
Test when public statement is contemptuous: The character of the act done and its
direct tendency to prevent and obstruct the discharge of official duty.
Lawyer is equally guilty as the client if he induces the latter to cause the publicity.