Canon 12 a lawyer shall exert everyeffortand consider

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Unformatted text preview: nd, he opposed the motion for execution. LIM Atty. X is in violation of Canon 10. Specifically, Rules 10.01 and 10.02. “Canon 10 ­ A lawyer owes candor, fairness and good faith to the court.” 9 “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.” “Rule 10.02 ­ A lawyer shall not knowingly misquote or misrepresent the contents of paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved.” This is so because a lawyer is first and foremost, an officer of the court. His duties to the court are more significant than those which he owes to his client. His first duty is not to his client but to the administration of justice; to that end, his client’s success is wholly subordinate; and his conduct ought to and must always be scrupulously observant of the law and ethics of the profession. (Agpalo, 2002) f. Atty. X prepares the Q&A for all his witnesses and he rehearses each of them thoroughly prior to court presentation. MANALAYSAY Although such practice is one which is prevalent and yet cannot be “checked” as it is more often than not, done in secret or within the confines of where the lawyer and his client confer, a lawyer must be wary not to assist his witnesses into testifying any falsehood in court. 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 HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE. Rule 12.05 ­ A lawyer shall refrain from talking to his witness during a break or recess in the trial, while the witness is still under examination. Rule 12.06 ­ A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another. g. Knowing that a particular individual might give damaging testimony if called as a witness, Atty. X ensures his whereabouts could not be traced prior to start of trial. MORA Atty X, violated the following rules and canons: Rule 12.04 ­ a lawyer shall not unduly impede the execution of judgment or misuse Court processes. Canon 19 ­ A lawyer shall represent his client with zeal within the bounds of law Rule 19.1 ­ A lawywer shall employ only fair and honest means to attain the lawful objectives of his client. Canon 10 ­ a lawyer owes candor fairness and good faith to the court. A lawyer as an officer of the court has the duty to help the court to provide speedy and 10 efficient administration of justice. Also, he owes truthfulness to the court as its officer, therefore he should not interfere, impede or obstruct its realization. Thus, in ensuring that the witness’s whereabouts could be traced before trial, he delays the process of administering justice and violates his duties as a lawyer. h. In quoting a case, Atty. X leaves out unfavorable parts. SUPAPO Atty. X should cite a decision verbatim. Rule 10.02, Canon 10 mandates that a lawyer shall not knowingly misquote or misrepresent the text of a decision for authority. It is the duty of all officers of the court to cite the rulings and decisions of the Supreme Court accurately.* Moreover, it is the duty of a lawyer not to mislead the Court. (Rule 10.01) *From G.R. No. 144412 Allied Banking Corporation vs. Court of Appeals References: 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 mislead by any artifice. Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not been proved. E. Duty Five: Observe Lawyer­Client Privilege a. Atty. X was counsel for spouses in a case for recovery of property against a third party. Spouses have since separated and Atty. X now represents the husband against the wife in the nullity of marriage case between them. TABAG The issue in this case is W/N there exists a conflict of interest between Atty X’s clients that is highly discouraged by the professional code and related laws. ANS: It might be. It could be a problematic situation and conflict can arise especially because the property that is subject of the first case can be a subject of controvery in the partition of properties in the annulment case. This situation could potentially violate the ff canons/rules: Canon 15: A lawyer shall observe candor, fairness and loyalty in all his ealing and transactions with his clients. Canon 17: A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Canon 19: A lawyer shall represnt h...
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