He cannot disregard his duty to review the case and

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Unformatted text preview: t withdraw as counsel of the accused. Under 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. With this regard, when Atty X, after accepting the case, discovered that his client is guilty, he must still continue with defense of his client and use all fair arguments arising on the evidence and see to it that due process is accorded to his client and that he should not be punished for more than what the law provides. As such, although the accused confessed his guilt, he is still considered innocent until proven guilty. Additional info (just in case): Atty X should suggest the accused that he should plead guilty to the crime as charged.(Canon 19, Rule 19.02) Moreover, Atty X cannot disclose the accused admission to the court without the latter’s consent as it violates Canon 21, Rule 21.02. b. Atty. X refuses to stipulate on the issuance of the bounced checks by his client although they do not contest the genuineness of the signatures of his client 17 thereon. TABAG This issue here is whether Atty X should still defend client even with knowledge of guilt. ANS: Yes, Atty X’s strategy of not stipulating guilt but not lying as to the veracity of the signature is proper. We may refer to: Rule 138, Section 20 (i) ­ In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. Canon 3 ­ A lawyer in making his legal services shall use only true, honest, fair, dignified and objective information or statement of facts 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. (BOTH NOT VIOLATED. Take note that Atty X’s strategy was very clever indeed. He did not commit perjury but the same time, he did his best to defend the client still.) c. Atty. X, appointed counsel de oficio for an accused for arraignment only, tells the accused to just plead “not guilty.” VELASCO (Counsel de oficio is the counsel appointed by the court to represent and defend an accused in case he cannot afford to employ himself a lawyer. An arraignment is where the formal reading of the criminal charge takes place, and the accused enter his plea of either guilty or not guilty.) Atty. X cannot advise his client to just plead “not guilty” in the arraignment. Rule 14.04 states: A lawyer who accepts the cause of a person unable to pay his professional fees shall observe the same standard of conduct governing his relations with paying clients. Canon 17 states: A lawyer owes fidelity to the cause of his client and he shall be mindful of the trust and confidence reposed in him. Canon 18 states: A lawyer shall serve his client with competence and diligence. It is the duty of a lawyer to equally provide for the same standard in conducting all of his cases. He cannot disregard his duty to review the case and give good counsel to his client on the basis of his paying capacity. He is expected to represent his client with competence and diligence. Furthermore, it is the duty of a lawyer in advising his client to always give his honest and candid opinion on the merits of the case. Rule 15.01 states: 18 A lawyer when advising his client, shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case. d. Atty. X, as counsel as part of the IBP’s Legal Aid Program, asks for repeated postponements of his cross­examination due to lack of TSN as his client is unable to buy a copy. BUENAVENTURA 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. Rule 14.02 ­ A lawyer shall not decline, except for serious and sufficient cause, an appointment as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines or any of its chapters for rendition of free legal aid. In this situation Atty. X is violating Canon 14 particularly Rule 14.02. Although Atty X did not outright decline the request from the IBP to render free legal aid, his requests for repeated postponements due to the clients inability to secure a TSN is tantamount to delaying the cause o the client. e. Atty. X advised accused­client to plead guilty to violation of an ordinance on possession of a bladed weapon, as penalty is only a fine of PhP200.00, although there is another case pending against his client for robbery using the same bladed weapon. PABALAN Rule 19.01 “A lawyer shall employ only fair and honest means to attain the lawful objectives of his client” Rule 15.05: A lawyer, when advising his client, shall give a candid and honest opinion on the merits and probable results of the client’s case, neither overstating nor understating the prospects of the case. Rule 15.07: A lawyer shall impress upon his client compliance with the laws and principles of fairness Atty. X’s advice is contrary to the Code of Professional Responsibility. Atty X’s advice is grounded on the small amount of fee. This i...
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This document was uploaded on 03/11/2014.

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