A lawyer should not file several actions or petitions

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Unformatted text preview: times, and shares an office with a recruiter for talents who want to work in Japan. GATCHALIAN Atty. X’s action is considered unethical. He violated Canon 8 (A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues and shall avoid harrasing tactics against opposing counsel.) and Rule 8.01 (A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper.) In his professional dealings, a lawyer shall not use language which is abusive, offensive or otherwise improper. His arguments, written of oral should be gracious to both the court and opposing counsel and be of such words as may be properly addresed by one 13 gentlemen to another. He should treat the opposing counsel and other lawyers with that courtesy, dignity and civility all have a right to expect and use only such temperate but forceful language in his pleadings or arguments as befitting advocate (Agpalo, p.109) d. In a motion, Atty. X insinuates that the sheriff has been bribed by his adversary because the sheriff has deferred execution due to a pending petition for certiorari filed by the adverse party. GUY 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. Atty. X has no evidence to prove that the sheriff had been bribed. Applying rule 10.01 Atty. X shall not do any falsehood nor shall he mislead the court by insinuating that the sheriff had been bribed with only his suspicion as basis. In addition, rule 1.02 states that a lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal system. Accusing the sheriff of bribery would lessen the confidence in the legal system, Thus, Atty. X should be cautious when contending an unlawful act against a representative of the court. G. Duties Seven and Eight: Delay or Reject No Man’s Cause for Money or Malice a. In a summary procedure case where his wife is the defendant, Atty. X files prohibited motions and pleadings one after the other. HAUTEA Rule 12.02 A lawyer shall not file multiple actions. Litigation must end and terminate sometime and somewhere and it is essential to an effective and efficient administration of justice that once a judgment has become final, the winning party be not through subterfuge and misuse of legal process, deprived of that verdict. A lawyer should not file several actions or petitions arising from the same cause or seeking substantially identical reliefs as those that had already been finally disposed of. He should not file pointless petitions that only add to the workload of the courts. He should not misuse legal remedies to thwart or delay the satisfaction of a final judgment. A lawyer who prostitutes judicial process to secure for his client what is not justly and validly due him or appeals a case manifiestly for the purpose of delay violates this oath and obstructs the administration of justice. The lawyer should not forget that he is an officer of the court and is bound to assist in the speefy and efficient administration of justice. The lawyer not only owes to his client the duty of fidelity but more importantly owes the duty of good faith and honorable dealing to the judicial tribunal before which he practices his profession. Inherent in that duty is the obligation to assist the court in the speedy disposition of cases. b. Atty. X stopped attending his client’s trial because his fees were no longer 14 being paid. LESAVA Atty. X is unethical for doing so. He has a duty to provide the best service he could until justice has been served. "The primary task of a lawyer... is to represent party litigant in court, either as counsel for plaintiff or for defendant, or as a public prosecutor or as defense counsel. Moreover, one of the objectives of the IBP is to make legal services fully available for those who need them and the fulfillment of this objective requires that a lawyer should not lightly decline employment from the poor and the needy" (Agpalo 2009, Legal and Judicial Ethics p. 198­199) Canon 14 A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY Rule 14.01 ­ A lawyer shall not decline to represent a person solely on account of the latter's race, sex, creed or status of life, or because of his own opinion regarding the guilt of said person. "The poor and the needy are the persons who, when in trouble, need most of the services of a lawyer but hesitate to secure such services because they cannot afford to pay counsel's fees or fear they will be refused for their inability to compensate the lawyer." c. After withdrawing as counsel of record, Atty. X failed to turn over the case records. LIM Atty. X is firstly in violation of the provisions of the CPR Canon 22. Specifically, Rule 22.02. “Canon 22 ­ A lawyer shall withdraw his services only for good cause and upon notice appropriate in the circumstances.” “Rule 22.02 ­ A lawyer who withdraws or is discharged shall, subject to a retainer lien, immediately turn over all papers and property to which the client is entitled, and shall cooperate with his successor in the orderly transfer of the matter, including all information necessary for the proper handling of the matter.” Should Atty. X fail to comply strictly...
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