Sie sind auf Seite 1von 5

Lawyer’s Oath

I, __________, do solemnly swear

that I will maintain allegiance to the Republic of the Philippines:

I will support its Constitution and obey laws

as well as the legal orders of the duly constituted authorities therein;

I will do no falsehood, nor consent to the doing of any in court;

I will not wittingly nor willingly promote or sue

any groundless, false or unlawful suit,

or give aid nor consent to the same:

I will delay no man for money or malice,

and will conduct myself as a lawyer

according to the best of my knowledge and discretion

with all good fidelity as well to the courts as to my clients;

and I impose upon myself these voluntary obligations

without any mental reservation or purpose of evasion. 




So help me God.

The Lawyer and the Courts


Courts Rely on Authorities and Precedents

CANDOR • RESPECT • ASSIST IN THE ADMINISTRATION OF JUSTICE • PROPER

The Lawyer and the Client


All Clients Love Fierce Counsel

AVAILABLE • CONFIDENTIALITY • LOYALTY • FIDELITY • FIDUCIARY • FAIR • COMPETENCE

The Lawyer and the Legal Profession


Dutiful Counsel Fights Peacefully

DIGNITY • COURTESY • FAIR • PREVENT UNAUTHORIZED PRACTICE OF LAW

__________________________________________

The lawyer has the duty of (fill in a duty, i.e., confidentiality) to (fill in a person or entities) .

Building your essay. Within the call of the question, outline by identifying every major duty of the lawyer in the
problem. Then analyze each of them by discussing the relevant facts and applicable ethical rules and principles.


Page 1 of 5
The Lawyer and the Society
Upholds the Constitution/Obeys He does not engage in unlawful,
Law Abiding
the Laws of the land dishonest, immoral, deceitful conduct.

He does not encourage illegal activities.


Lawyer is a
model citizen Responsible He does not encourage any suit/delay [in]
Promotes respect for law and
Member of any man’s cause for money or malice.
legal process
Community
Encourages clients to avoid/settle
controversies.

He does not refuse the cause of


defenseless/oppressed.

Even if he cannot accept a case, he gives


advice to safeguard the rights of the
Law is a noble profession. Its basic Makes his legal services
person.
idealism is to render public service. available to the public.
He does not solicit legal business.

He does not engage in cutthroat


competition.

Candor (True, Honest, Objective) He does not use self-praises/false claim


about his qualification.

Fair
In using a firm name, he does not use
Lawyer is truthful and dignified.
false misleading or assumed name.

Dignified
Once he is appointed in the government,
he must withdraw from the firm.

Takes part in the improvement He initiates/supports efforts in law reform


Lawyer works to improve the law.
of the legal system. and in the administration of justice.

He informs himself of new laws and


Keeps abreast with legal recents Decisions o the Supreme Court.
Lawyer studies hard.
development He participates in Continuing Legal
Education.

His duty is not to convict but to see that


justice is done.
Public Prosecutor He does not suppress facts/conceal
witness that will help establish innocence
of the accused.
Government lawyers have additional He does not use his position to advance
standards to observe. Government Lawyer his private interests or allow his private
interests to interfere with his public duties.

He cannot accept engagement/


employment in regard to any matter in
Former Government Lawyer
which he had taken part while he is still in
the government.

Page 2 of 5
The Lawyer and the Courts
Courts Rely on Authorities and Precedents

Does not do any falsehood nor allow it to be done

Contents of paper

Does not misquote/ Language/argument of opposing counsel


Courts Candor misrepresent
Text of decision/authority

Inoperative law/fact that has not been proved

Observes rules of procedure and does not misuse them to defeat the ends
of justice

Appears in court in proper attire

Punctual in court hearings

Does not use scandalous/offensive/menacing language or behavior before


Rely on Respect
the court

Does not assail without basis the personal integrity of the judge

Submits grievance against a judge only to proper authorities

On the law/facts of his case

Does not appear for The evidence he will adduce and the order of its
trial unless he is preference
adequately prepared
He is ready with original documents for
comparison with the copies

Does not engage in forum shopping/multiple actions for the same cause

After he has been granted extension, he should not let it lapse without filing
it or explaining his non-filing
Assist in the
Authorities and Administration of Does not delay case/impede execution of a judgment/misuse court
Justice processes

Avoids talking to his witness while examination is on-going

He should not assist a witness to misrepresent himself/impersonate another

He should not harass witness

On formal matters (mailing, authentication or


He should not testify in custody of documents)
behalf of his client
except: On substantial matters, in cases where his
testimony is essential to the ends of justice

He should not extend extra-ordinary hospitality to a judge

Precedents Proper He should not make public statements in media on pending case

He should not invite interference by another government branch/agency

Page 3 of 5
The Lawyer and the Client
All Clients Love Fierce Counsel

Race

Sex
He should not refuse to provide
Creed
his services on account of:
Status of life
All Available
Opinion about the guilt of person

He should not refuse appointment as counsel de oficio/amicus curiae/request from


IBP to render free legal aid.

He observes the same standards even to indigent clients

When client permits


He should not reveal
When required by law
confidences/secrets of clients
except: When necessary to collect his fees/defend
himself/his employees or associates

To the disadvantage of client


He should not use information
Clients Confidentiality To his own advantage
acquired in the course of
employment. To the advantage of third person, unless the client
consents

He may disclose client affairs to partners/associates unless prohibited by client.

He should prevent disclosures by services utilized by him

He should avoid indiscreet conversations with members of his family.

with another client


He should ascertain if a matter
would involved conflict of interest with his own interest

He is bound by the rule on privileged communication on matters disclosed by


prospective client.

He should not represent conflicting interests except by written consent of all


concerned after full disclosure of facts.

He may with written consent of all concerned, act as mediator, conciliator or arbitrator
Love Loyalty
in setting disputes.

He should give an honest opinion on the merits of client’s case.

He should not state/imply to client that he can influence any public official, tribunal or
body.

He should impress upon his client compliance with law and principle of fairness.

If he is engaged in another profession/business, he should make clear to client in


what capacity he is acting.

Page 4 of 5
The Lawyer and the Client (cont’d)
All Clients Love Fierce Counsel

He should present every remedy/defense authorized by law 



Fidelity
in support of client’s cause.

He accounts for money/property collected/received for/from client.

He should not commingle funds.

He should deliver funds/property of client when due/demanded 



Fiduciary except: Attorney’s lien.

He should not borrow money from client unless client’s interests are protected by the
Fierce
nature of the case/independent advice.

He should not lend money to client except when he has to advance legal expenses.

Quantum meruit (as much as he deserved; when contract is void, when there is not
written agreement, when the lawyer is fired without finishing the case)
Fair (refers to
Fees in referral cases in proportion to work performed and responsibility assumed
compensation)
He should not, without client’s consent, accept commission/compensation from
anyone other than from client.

He should not handle a case where is is unqualified, except, if client consents, he


may associate with another who is competent on the matter.

Competence/ He should not handle any legal matter without adequate preparation.
Counsel
Diligence
He should not neglect a legal matter entrusted to him.

He should keep the client informed of his case.

The Lawyer and the Legal Profession


Dutiful Counsel Fights Peacefully

No false statements
Application to the bar
No suppression of material facts.

Dutiful Dignity Does not recommend unqualified candidates

Does not commit misconduct that reflects on his fitness as lawyer

Does not engage in scandalous behavior that would discredit his profession

Counsel Courtesy Does not use abusive, offensive, or improper language to fellow lawyers

Does not communicate/negotiate/compromise with


Does not encroach on opposing party represented by lawyer, except:

Fights Fair professional employment


of another lawyer 1. to give advice, unfaithful/neglectful counsel;

2. to interview witness for the opposing side

Does not delegate legal work to non-lawyers


Prevent unauthorized
Peacefully
practice of law Does not divide fees with non-lawyers.

Page 5 of 5

Das könnte Ihnen auch gefallen