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Disciplinary proceedings
26. Codes of professional conduct for lawyers shall be
established by the legal profession through its appropriate
organs, or by legislation, in accordance with national law and
custom and recognized international standards and norms.
27. Charges or complaints made against lawyers in their
professional capacity shall be processed expeditiously and
fairly under appropriate procedures. Lawyers shall have the
right to a fair hearing, including the right to be assisted by a
lawyer of their choice.
28. Disciplinary proceedings against lawyers shall be
brought before an impartial disciplinary committee
established by the legal profession, before an independent
statutory authority, or before a court, and shall be subject to an
independent judicial review.
29. All disciplinary proceedings shall be determined in
accordance with the code of professional conduct and other
recognized standards and ethics of the legal profession and in
the light of these principles.
Slaying Kingsfield
(A sort-of welcome for the entering class at Malcolm
Hall, 2000)
Each of you has come to law school, fueled by the desire
to become a lawyer. Most of you have been inspired by
role models, culled from your own experiences. Perhaps
your parents or relatives who are lawyers; or actual
experience with real lawyers in actual cases; or perhaps
from conversations with graduates of the U.P. College of
Law; or even from fictional role models taken from such
diverse fare as The Practice, Ally McBeal, John Grishams
books or the real-life stories of the lives of Clarence
Darrow or Oliver Wendell Holmes. Whatever or whoever
has been your inspiration for taking this most important
step in your young lives, you are now faced with one
reality: you are now officially in law school; and one
question: what do I do next?
The answer to that question may be answered by a scene
from the prototypical film about law school, The Paper
Chase (1973). This scene demonstrates how it is to study
law.
In this scene, the antagonist of the film, the despotic
Professor in Contracts, Mr. Kingsfield, is concluding his
exercise of humiliating the law students in his class; on
deck is the hero of the film, Mr. Hart, a first year law
student at Harvard, who has failed to answer his questions.
In a dull, flat monotone dripping with sarcasm, Kingsfield
intones, Mr. Hart, here is a penny, call your mother and
tell her that her son will not become a lawyer. Hart, who
was just about to bolt the room and quit law school after
being humiliated so publicly by Kingsfield, turns around,
stares Kingsfield in the eye, and, in emphatic and plain
language, tells Kingsfield, You, Kingsfield, are a son of a
bitch. In the stunned silence that follows, Kingsfield very
calmly tells Hart, That, Mr. Hart, is the most intelligent
thing you have ever said in this class. Sit down.
During your first weeks in law school, you will find
yourself, like the hapless Hart, confronting Kingsfield, in
(e) When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public
office; and
(g) Other similar cases.
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 cooperative with his successor in the orderly transfer
of the matter, including all information necessary for the
proper handling of the matter.
RULE 138
Attorneys and Admission to Bar
Section 20.
an attorney:
(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 client's
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 man's
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.