Reporter: Roland Bon Intud Lawyers duties to society A. B.

Upholding the Constitution and the Law Applicability of Code to Government Lawyers

Part A. Upholding the Constitution and the Law

1.Duty to uphold Constitution and obey the law. Code of Professional Responsibility -Promulgated by the Supreme Court on June 21, 1988. CANON 1lawyer shall uphold the Constitution, of the land, and promote respect for law and legal processes. The Supreme Court said: A lawyer is the servant of the law and belongs to a profession to which society has entrusted the administration of law and the dispensation of justice. As such, he should make himself more an exemplar for others to emulate. In Lee v. Tambago, the Court stressed the role of lawyers in the community, thus: While the duty to uphold the Constitution and obey the law is an obligation imposed on every citizen, a lawyer assumes responsibilities well beyond the basic requirements of good citizenship. Being a lawyer, he is supposed to be a model in the community in so far as respect for the law is concerned 2. Duty not to engage in unlawful conduct. Rule 1.01 of the Code provides: A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct. Unlawful- an act or omission which is against the law. Dishonest- an act of lying or cheating. Immoral or deceitful- one that involves moral turpitude. It includes anything done contrary to justice, modesty or good morals, etc.. obey the laws

3. Duty not to counsel illegal activities Rule 1.02 of the Code provides: A lawyer shall not counsel or abet activities aimed at defiance of the law or at lessening confidence in the legal profession.

4..Duty not to encourage lawsuits. Rule 1.03 of the Code provides: A lawyer shall not, for any corrupt motive or interest, encourage any suit or proceeding

5. Duty to encourage amicable settlement Rule 1.04 of the Code provides: A lawyer shall encourage his client to avoid, end or settle controversy if it will admit a fair settlement.

Part B. Applicability of Code to Government Lawyers

1. Code is applicable to government lawyers CANON 6- makes the Code of Professional Responsibility applicable to lawyers in government service in the discharge of their official duties. 2. A prosecutor shall see to it that justice is done. Rule 6.01 of the Code provides: The primary duty of a lawyer in public prosecution is not to convict but to see that justice is done. The suppression of facts or the concealment of witnesses capable of establishing the innocence of the accused is highly reprehensible and is cause for disciplinary action. 3. A lawyer shall not use his public position to promote his private interest. Rule 6.02 of the Code provides: A lawyer in government service shall not use his public position to promote or advance his private interests nor allow the latter to interfere with his public duties. 4. Former official may not accept certain employment. Rule 6.03 of the Code provides: A lawyer shall not, after leaving the government service, accept engagement or employment in connection with any matter in which he had intervened whil in the said service.