A plaintiff might engage in forum shopping for

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Unformatted text preview: IS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. Rule 12.02 ­ A lawyer shall not file multiple actions arising from the same cause. ○ 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 11.04 ­ A lawyer shall not attribute to a Judge motives not supported by the record or have no materiality to the case. ○ [NOT SURE IF APPLICABLE, BUT IT’S A STRETCH] Proscription on Forum Shopping ­ Black’s Law Dictionary: Forum­shopping. (1954) The practice of choosing the most favorable jurisdiction or court in which a claim might be heard. ­ A plaintiff might engage in forum shopping, for example, by filing suit in a ​ jurisdiction with a reputation for high jury awards or by filing several similar suits and keeping the one with the pre​ rred judge. fe d. Atty. X does not turn off his cellular phone in court and he even reads and sends messages and answers calls in court. MORA violates 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. norm imposes on us to turn off our cellular phones when in meetings, to avoid 4 distractions. it follows that a lawyer, as an officer of court exhibit the same conduct in court proceedings, so he could focus in advocating his client’s cause. the rationale of canon 11 is to preserve the confidence of the public to the court. (Beda Reviewer, 2012) e. Atty. X sleeps in court. Sometimes he reads the newspaper. SUPAPO Atty. X should not sleep or read newspaper during court proceedings as it violates Canon 11, Rule 11.03. By doing so, he disrupts the proceedings and deviates all the attention to him. As a lawyer, Atty. X should abstain from doing disrespectful behavior before the Court. Stated differently, Atty. X should observe the rules of courteous demeanor in open court.* As such, he must pay attention to the court g proceedings. *From A.M. No. 10­10­4­SC RE: LETTER OF THE UP LAW FACULTY ENTITLED “RESTORING INTEGRITY: A STATEMENT BY THE FACULTY OF THE UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW ON THE ALLEGATIONS OF PLAGIARISM AND MISREPRESENTATION IN THE SUPREME COURT” citing Mr. Justice Field’s statement Note: Can’t find an admin case wherein a lawyer was held in contempt because he was caught sleeping (or fell asleep) during trial. f. The judge is young and new. Atty. X notes procedural errors by the judge in the other cases called prior to his case. When his case is called, Atty. X challenges every statement made by the judge and makes numerous manifestations for the record regarding perceived errors. He then refuses to take part in further proceedings and with his client leaves the courtroom. TABAG The central issue in this situationis whether Atty X’s actions can be deemed proper. ANSWER: NO, it is not! Though it is proper to make manifestations regarding perceived errors, leaving the courtroom and refusing to take part in the proceedings is not the proper way to go about it. There are procedural rules that should be followed, and Atty X’s actions are erroneous AND unethical in itself. Even if the judge can be considered a novice (as evidenced by the procedural errors), the Rules of Court in Rule 138, Section 20 (b) state that everyone in the legal profession has the duty to “observe and maintain the respect due to the courts of justice and judicial officers”. This responsibilitycannot be negated just because the judge handling the case is new. This is echoed in the CPR in Canon 10: A lawyer owes candor, fairness and good faith to the court. Rule 10.03 states: A lawyer shall observe the rules of procedure and shall not misuse them to defeat the ends of justice. In the same way that the novice judge would’ve committed procedural errors, the law has safeguards detailing what counsel can do if judge has questionable knowledge of the law (e.g. file a case against him, motion for reconsideration, appeal, etc.) [We may also use Rule 11.05, Canon 11: A lawyer shall submit grievances against a Judge to the proper authorities only.] In the same way, Canon 11 also follow the tenor of Rule 138, emphasizing that a lawyer shall observe and maintain the respect due to the courts and to judicial officers and should insist on similar conduct by others. By “walking out” on the judge and the court, the respect expected from Atty X was not present. 5 C. Duty Three: Pursue Just and Valid Causes Only a. Defendant in a sum of money case tells Atty. X he really owes plaintiff but he needs time to generate the money to pay him off. Atty. X files an answer and denies liability. VELASCO Atty. X should have not denied liability of his client. By misrepresenting such fact, he violated the following canons/rules: CPR: 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 misl...
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