Professional Documents
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NARRATIVE
IN
PROBLEM AREAS
IN LEGAL ETHICS
Submitted by:
JAMILLAH N. LAGUINDAB
Submitted to:
C.A. No. 625 which was enacted pursuant to Section 1(3), Article
IV of the 1935 Constitution, prescribes the procedure that should be followed
in order to make a valid election of Philippine citizenship. Under Section 1
thereof, legitimate children born of Filipino mothers may elect Philippine
citizenship by expressing such intention "in a statement to be signed and
sworn to by the party concerned before any officer authorized to administer
oaths, and shall be filed with the nearest civil registry. The said party shall
accompany the aforesaid statement with the oath of allegiance to the
Constitution and the Government of the Philippines."
Another issue would be the conflicts of duties which have given rise to
a number of legal and disciplinary actions. It is an area that is commonly
identified by lawyers as a problem in legal practice. It is provided by law that
lawyer has a fiduciary duty to his or her client. That duty carries with it two
presently relevant responsibilities. The first is the obligation to avoid any
conflict between his duty to his client and his own interests for it is provided
by law that he must not make a profit or secure a benefit, at the expense of
his client's expense. Knowing that lawyering is not a trade or business, it is a
noble profession whose duty includes upholding the Constitution and
obeying the laws of the land. However, it is of no secret that like other
professions, it is also a means of livelihood to many members of the bar. It is
this so-called conflict between duty and occupation that brings an endless
balancing of interests of an honorable lawyer and a clever entrepreneur. The
second arises when he endeavors to serve two clients and requires the full
disclosure to both.