01alawyershallnotengageinunlawfulconduct a lawyer

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Unformatted text preview: y x did not obey the law. He therfore not fit to become a member of the IBP by reason of violating a law. f. When Atty. X was directed to show cause for his absence at trial, he got a medical certificate although he was not ill, and he submitted it to court to justify his absence. HAUTEA Rule 1.01 A lawyer shall not engage in unlawful conduct A lawyer assumes responsibilities beyond the basic requirements of good citizenship. As servant of the law, a lawyer should moreover make himself an exemplar for others to emulate. The lawyers duty to obey the laws and promote respect for law and legal processes, negatively out, demands that he “shall not engage in unlawful, dishonest, immoral or deceitful conduct.” An unlawful conduct is an act or omission which is against the law. A dishonest act is an act of lying or cheating. An immoral or deceitful act is one that involves moral turpitude. It includes anything done contrary to justice, modesty or good morals. A lawyer who engages in unlawful, dishonest, immoral or deceitful conduct may be held administratively liable therefor. 2 **however, not all dishonesty is illegal –Galang e.g. not required by the law to be disclosed B. Duty Two: Respect to Courts and Judicial Officers a. After the denial of his motion to dismiss, Atty. X filed a petition for certiorari, alleging grave abuse of discretion and sought to restrain further proceedings in the case against his client, upon the latter’s directive to do everything to delay the case. LESAVA Rule 12.04 CPR A lawyer shall not unduly delay a case, impede the execution of judgment or misuse court processes. "A lawyer who prostitutes judicial processes to secure for his client what is not justly and validly due him or who appeals a decision manifestly for the purpose of delay violates his oath and obstructs the admission of justice." (Agpalo 2009, Legal and Judicial Ethics p. 171) Rule 15.07 A lawyer shall impress upon his client compliance with the laws and the principles of fairness. "The lawyer's duty of entire devotion to his client's cause must, however, be performed within the bounds of law. The Code of Professional Responsibility enjoins him to employ only fair and honest means to attain the lawful objectives of his client." (Agpalo 2009, Legal and Judicial Ethics p. 208) "He swore, upon his admission to practice, to uphold the cause of justice, obey the law and do no falsehood. He should impress upon his client compliance with the laws and the principles of fairness." (Agpalo 2009, Legal and Judicial Ethics p. 208) "To permit lawyers to resort to unscrupulous practices for the protection of the supposed rights of their clients is to defeat one of the purposes of the state ­ the administration of justice." (Agpalo 2009, Legal and Judicial Ethics p. 209) b. Atty. X asks Judge Z to talk to his friend the judge hearing his case, to reinstate his complaint. LIM Atty. X is in violation of the Code of Professional Responsiblity. Specifically, Canons 10 and 13: “Canon 10 ­ A lawyer owes candor, fairness and good faith to the court.” Specifically to Canon 10, Rule 10.01: “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.” “Canon 13 ­ A lawyer shall rely upon the merits of his cause and refrain from any 3 impropriety which tends to influence, or gives the appearance of influencing the court.” These canons mandate that lawyers must not use improper acts in order to give the appearance of, or actually influencing the courts in order to win their cases. Instead, the lawyers must limit themselves to winning using the actual merits of their case as a matter of respect to the courts and in deference to the ideals of justice and fairness. This is in line with the concept laid down by the Supreme Court in Nestle Philippines, Inc. v. Sanchez: “Courts as impartial administrators of justice are entitled to dispose of their business in an orderly manner, free from outside interference obstructive of their functions and tending to embarrass the administration of justice, just as litigants are entitled to have their causes tried fairly by an impartial tribunal, uninfluenced by publication, public clamor, bias, prejudice, or sympathies.” c. As the judge already denied both his prayers for a TRO and injunction, Atty. X wants to get the case re­raffled. He moves to inhibit the judge for gross partiality and bias although other than the orders, the judge has not shown any leaning for or against either party. MANALAYSAY Atty. X must respect court processes and not attribute against the judge baseless allegations that may either delay the cause of his client or frustrate justice served. Violated FF: ○ CANON 10 ­ A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. Rule 10.03 ­ A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. ○ CANON 12 ­ A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT H...
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