Legal Ethics Midterms

CANON 1
1. What are the duties of an attorney?
The duties of an attorney are enumerated in Section 20 of Rule 138 of
the Rules of Court. These nine duties are:
a. To maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines
b. To observe and maintain the respect due to the courts of justice and
judicial officers
c. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses only as he believes to be honestly debatable
under the law
d. To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law
e. To maintain inviolate the confidence and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his clients business except from him or with his
knowledge and approval
f. To abstain from all offensive personality and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the
justice of the cause with which he is charged
g. Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any mans cause, from any corrupt motive
or interest
h. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed
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
2. Why is an attorney considered an officer of the court?
A lawyer is considered an officer of the court because before a lawyer
can practice law, he takes an oath before the highest court in the country, the
Supreme Court. After taking his oath, he becomes a servant of the law and a
part of a profession to which society has entrusted the administration of law
and the dispensing of justice. A lawyer's oath impresses upon him the
responsibilities of an officer of the court upon whose shoulders rest the grave
responsibility of assisting courts in the proper, fair, speedy and efficient
administration of justice.

3. Being a lawyer and/or a member of the Bar, an exceptional privilege worth

aspiring for although it entails a lot of responsibilities and obligations (a) to
the Court; (b) to fellow lawyers; (c) to the clients; and lastly (d) to the public
general. Briefly discuss these obligations and responsibilities.
The lawyers oath contains the gist of the obligations and
responsibilities a lawyer must embody and practice. It is a lawyers obligation
to fulfill his duty to society, to obey the laws of the land and promote respect
for law and legal processes. Specifically, he is forbidden to engage in
unlawful, dishonest, immoral or deceitful conduct. A lawyer is the guardian of
truth and the rule of law, and an indispensable instrument in the fair and
impartial administration of justice a vital function of democracy, a failure of
which is disastrous to society. While the duty to uphold the constitution and
obey the laws is an obligation imposed upon every citizen, a lawyer assumes
responsibilities over and beyond the basic requirements of good citizenship.
As servant of the law, a lawyer ought to make himself an example for others
to emulate. He should be possessed of and must continue to possess good
moral character. The lawyer's primary duty as enunciated in the attorney's
oath is to uphold the constitution, obey the laws of the land and promote
respect for the law and legal processes. That duty in its irreducible minimum
entails obedience to the legal orders of the court.
4. Discuss briefly the duties of a lawyer to: (1) his client; (2) the court; (3) his
colleagues in the profession; (4) the community.
(Refer to Sec. 20 of Rule 138 of the Rules of Court)
To his client
A lawyer must strive to preserve the secrets of his client, and to accept
no compensation in connection with his clients business except from him or
with his knowledge and approval. His relation with his client is a relation in
the highest degree of fiduciary, where he has an obligation to act in good
faith, trust, honesty and best interests of another.
To the court
A lawyer is an officer of the court. He occupies a quasi-judicial office
with a tripartite obligation to the courts, to the public and to his clients. The
public duties of the attorney take precedence over his private duties. His first
duty is to the courts. Where duties to the courts conflict with his duties to his
clients, the latter must yield to the former.
To his colleagues in the profession
A lawyers relation to his colleagues at the bar is characterized by
candor, fairness and unwillingness to resort to current business methods of
advertising and encroachment on their practice or dealing with their clients.
To the community
A lawyers duty is one of service, where the emolument is a byproduct, and in which one may attain the highest eminence without making

such money. It is a lawyers duty to the community to be an exemplar for

righteousness. He must be always be prepared to render legal aid, foster
social reforms, guard due process, and lend assistance in the study and
solution of social problems.
5. A. State what Legal Ethics is; its importance; and necessity.
Legal Ethics is the embodiment of all principles of morality and
refinement that should govern the conduct of every member of the Bar. Its
importance stems from the idea that being a lawyer is a profession, a noble
calling. If the law has to remain as a noble and honorable profession then it
goes without saying that the profession should have ethical standards that
should be observed by the members thereof in the pursuit or in the exercise
of the calling. The ethics of certain profession is the code by which it
regulates actions and sets standards for its members. The professional code
attempts to assure higher standards of competence in a given field,
strengthen the relationships among its members, and promote the welfare of
the whole community. (World Book Encyclopedia, Vol. 6, p. 337)
B. Explain the nature of the relation between attorney and client, and how
said relation is created and governed.
The relation of attorney and client is one of trust and confidence of the
highest order. It is highly fiduciary in nature and demands utmost fidelity and
good faith.
The relationship between a lawyer and a client is created once the
legal services of the former are availed by the latter. A lawyer becomes
familiar with all the facts connected with his clients case. He learns from his
client the weak points of the action as well as the strong ones. Such
knowledge must be considered sacred and guarded with care. No opportunity
must be sought by him to take advantage of the clients secrets.
The rule is a rigid one designed not alone to prevent the dishonest
practitioner from fraudulent conduct as well as preclude the honest
practitioner from putting himself in a position where he may be required to
choose between conflicting duties, and to protect him from unfounded
suspicion of professional misconduct. The question is not necessarily one of
the rights of the parties but adherence to proper professional standards. An
attorney should not only keep inviolate his clients confidence but should
likewise avoid the appearance of treachery and double-dealing.
6. Define legal ethics. Enumerate its principal sources.
Legal Ethics refers to the usages and customs among the members
of the legal profession, involving their moral and professional duties toward
one another, toward clients, and toward the courts. It is defined by Justice
Moran as the embodiment of all principles of morality and refinement that
should govern the conduct of every member of the Bar. Justice Malcolm
refers to it as that branch of moral science which treats of the duties that an

attorney owes to the court, to his clients, to his colleagues in the profession
and to the public.
The principal sources of the ethical foundation for all lawyers in the
Philippines are the following:
- Canons of Professional Ethics, which was adopted by the Philippine Bar
Association from the American Bar Association
- Code of Professional Responsibility, which was promulgated by the
Supreme Court
7. State in substance the lawyers oath of office.
The lawyers oath of office contains, in summary, what the duties of
each member of the Bar are. The oath contains the duty of a lawyer to
maintain allegiance to the Republic of the Philippines, to support its
Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein.
Their oath mandates to them how they would conduct themselves as
members of the Bar. As lawyers, they are expected to do no falsehood, nor
consent to the doing of any in court. A lawyer is expected to not willingly nor
wittingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same.
A lawyer must not delay any man for money or malice, and must
conduct himself as a lawyer according to the best of his knowledge and
discretion, with all good fidelity as well to the court as to his clients.
In swearing the oath, a lawyer imposes upon himself the voluntary
obligations without any mental reservation or purpose of evasion.
8. What is your understanding of that part of the lawyers oath which states, I
will delay no man for money?
The statement I will delay no man for money means that a lawyer
must not delay the cause of any man, client or not, for money. A lawyers
duty to render legal services to his client with competence and diligence
should not depend on the payment of money, but on the fact that they are
servants of the law. Being servants of the law, their duty is not to enrich
themselves financially but to see to it that justice is administered properly,
and legal aid is given to those in need. A lawyer cannot simply decline to
render legal help or advice without just cause. In cases where a lawyer
accepts to handle a case, whether for a fee or gratis et amore (pro bono),
he/she undertakes to give his utmost attention, skill and competence to it
regardless of its significance. His client, whether rich or poor has the right to
expect that he will discharge his duties diligent and exert his best efforts,
learning and ability in prosecuting and defending the case.
9. Atty. X prepared and later acknowledged as a Notary Public, a document
which stipulated among others, that the contracting parties, husband and
wife, authorize each other to remarry and fully renounce whatever right of
action one may take against the party to marrying. Atty. X strongly

represented to the parties that they were free to marry, on the basis of which
representation the husband remarried. Can Atty. X be disbarred? Reason.
Yes. Atty. X can be disbarred for failing to uphold his duties a lawyer
when he chose to strongly represent to the parties that they were free to
marry, and even executed a document which stipulated that the parties were
authorized to remarry even if this is contrary to the law. What he did was a
direct disregard and violation of Canon 1 because he failed to promote the
respect for law and for legal processes. As a lawyer, he is knowledgeable to
the law and the violations against it. It is his duty to uphold what is right, and
not to consent to the violation of the law. A lawyer shall not counsel or abet
activities aimed at the defiance of the law. He should not allow his services to
be engaged by parties who are violating the law and defend them should
they get caught.
10.State the four-fold duties of a lawyer.
A lawyer has a duty to his society (public), to the Court, to the Bar (his
colleagues), and to his client. As for his duty to the public, a lawyer should
not violate his responsibility to society. He should be an exemplar for
righteousness. He must be ready to render legal aid, and foster social
reforms. He is a guardian of due process, aware of his special role in the
solution of special problems, and he is always ready to lend assistance in the
study and solution of social problems.
As for his duty to the Court, a lawyer must respect or defend the Court
against criticisms. He must uphold its authority and dignity, obey order and
its processes, and assist in the administration of justice.
As for his duty to the Bar, a lawyer must show candor, fairness,
courtesy and truthfulness to his colleagues. He must avoid encroachment in
the business of other lawyers, and uphold the honor of the law profession.
As for his duty to his client, a layer must be entirely devoted to uphold
and support his clients interest and cause.
11.What is considered the first and foremost duty of a lawyer? Explain.
The first and foremost duty of a lawyer can be found in Canon 1 of the
Code of Professional Responsibility, which states that, A lawyer shall uphold
the Constitution, obey the laws of the land and promote respect for law and
for legal processes. Canon 1 mandates upon a lawyer his duty to maintain
allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.