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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
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
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
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
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.
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
c. After withdrawing as counsel of record, Atty. X failed to turn over the case
Atty. X is firstly in violation of the provisions of the CPR Canon 22. Specifically, Rule
“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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- Fall '14