Syllabus

BASIC LEGAL ETHICS

Atty. Gregorio R. Refugio, MA

CHAPTER III

THE LAWYER AND THE SOCIETY

-What are the basic duties of a lawyer to society?

Case:
- Socorro Co vs. Atty. Godofredo Bernardino, A.C. No. 3919, Jan. 28, 1998, 90 SCAD 750).

-Lawyer's primary duty to society.

- Victoriano P. Resurreccion vs. Atty. Ciriaco C. Sayson, Adm. Case No. 1037, 101 SCAD 654,
December 14, 1998).

-May a lawyer who was convicted of the crime of violation of B.P. Big. 22 be disbarred ?
Why?
-People vs. Tuanda, 181 SCRA 692

-Stealing some exhibits from court records, can he be disbarred? Why?

-Fernandez vs. Benjamin Grecia, Adm. Case No. 3694, June 17, 1993,42 SCAD 438

-One of the essential qualifications for a lawyer to maintain his standing in the legal
profession is honesty. Examples of dishonest and deceitful conduct of a lawyer:
Cases: 1. Quilban vs. Robinol, 171 SCRA 769
2. Calo vs. Degano, 20 SCRA 447
3. Imbuido vs. Fidel Sor Mangonon, 4 SCRA 760
4. In re: Del Rosario, 52 Phil. 399
5. Licuanan vs. Melo, 170 SCRA 100

- A lawyer shall not engage in immoral conduct. What degree of immorality may cause the
disbarment or disciplinary action against a lawyer?
Case: Arciga vs. Maniwang, 106 SCRA 591

Examples of immoral conduct of a lawyer:

1. Obusan vs. Ocusan, 128 SCRA 485
2. Terre vs. Terre, 211 SCRA 6
3. Barrientos vs. Daarol, Adm. Matter No. 1512, Jan. 29, 1993
4. Almirez vs. Lopez, 27 SCRA 169
5. Mortel vs. Aspiras, 100 Phil. 586
6. Cabrera vs. Agustin, 106 Phil. 256; Pomperada vs. Jochico, 133 SCRA
309); and
7. Cordova vs. Cordova, 179 SCRA 680
Q - What is barratry?

Q - What is an ambulance chaser?

Q - One of the duties of a lawyer is that, he shall not, for corrupt motive or
interest, encourage any suit or proceeding or delay any man's cause. Give
examples of instances of delay which can be considered condemnable.
ANS. - They are:
1. Resorting to technicalities to frustrate justice (Economic Insurance Co.,
Inc. vs. Uy Realty Co., 34 SCRA 745);
2. Filing of multiple or repetitious petitions which obviously delay the
execution of a final and executory judgment (Gabriel vs. CA, 72 SCRA
273);

3. Filing of several actions covering the same subject matter or seeking

substantially identical relief (Macias vs. Uy Kim, 45 SCRA 251) or what
is otherwise known as forum shopping;

4. Filing of frivolous appeals for purposes of delay;

5. Filing of motions for postponement and other kinds of motion for dilatory
purposes;

6. Indiscriminate filing of suits against a party clearly intended for

harassment. (Dimagiba14 vs. Montalvo, Jr., 202 SCRA 641).

Q - What is the duty of a lawyer in matters of settlement of cases and why?

Case: Pajares vs. Abad Santos, 30 SCRA 748

Q - After the rendition of final and executory judgment in an unlawful detainer

case, a lawyer attempted to nullify the decision of the MTC, Manila. Is the
act of the lawyer proper? Why?
ANS. -No, because the act evinced a deliberate intent to prolong and delay the
inevitable execution of a final decision. A lawyer's oath is a solemn agreement in
dedicating oneself to the pursuit of justice, not mere fictive of words, drift and
hallow, but sacred trust. In so doing, the lawyer violated his duty not to encourage
any suit or proceeding or delay a man's cause for corrupt motive or interest.
(Masinsin, et al. vs. Hon. Ed Vincent S. Albano, et al., G.R. No. 86421, May 31,
1994, 51 SCAD 476).ok.end here assignment..

Q - What should a lawyer do if he cannot accept a case?

ANS. - If for valid reasons, a lawyer cannot accept a case, he should instead give
immediate legal advice. He should not refuse to provide legal advice. He can even
refer the case to another lawyer who can provide prompt assistance.
Q - What are some of the characteristics of the legal profession which
distinguish it from business?
ANS. They are:
1. A duty of public service of which the emolument is a by-product, and in
which one may attain the highest eminence without making much money;
2. A relation as an officer of court to the administration of justice involving
thorough sincerity, integrity and reliability;
3. A relation to clients in the highest degree of fiduciary; and
4. A relation to colleagues at the bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing directly with their clients. (In re:
Sycip, 92 SCRA 1).

Q - Explain the principle that the practice of law is a profession and not a
moneymaking trade.
ANS. - The rule is so, because in the fixing of attorney's fees, it must not be forgotten
that the profession is a branch of the administration of justice and not a mere
moneymaking trade. (Jayme vs. Bualan, 58 Phil. 422). It is not a business but a
profession. (In re: Tagorda, 53 Phil. 37). Counsel of repute and of eminence wel-
come opportunities to be appointed counsel de oficio for this makes manifest the
principle that the practice of law is dedicated to the ideal of service and not a mere
trade. (Ledesma vs. Climaco, 57 SCRA 473).

Q - A lawyer published in a newspaper that marriage license may be promptly

secured through his assistance and the annoyance of delay or publicity is
avoided if desired and marriage arranged to the wishes of the parties. Was
the act proper? Why?
ANS. -No, the advertisement was a flagrant violation of the ethics of his profession it
being a brazen solicitation of business from the public.

It is highly unethical for an attorney to advertise his talents or skills as a merchant

advertises his wares. Law is a profession and not a trade. The lawyer degrades
himself and his profession who stoops to and adopts the practice of mercantilism
by advertising his services or offering them to the public. (Director of Religious
Affairs vs. Bayot, 74 Phil. 579).

Q - What is the best form of advertisement of a lawyer?

ANS. -The most worthy and effective advertisement possible even for a lawyer is the
establishment of a well-merited reputation for professional capacity and fidelity
to trust. This cannot be forced but must be the outcome of character and conduct.
(Director of Religious Affairs vs. Bayot, 74 Phil. 579).

Q - When may a lawyer make a publication or advertisement in newspapers,

etc.?
ANS. -A lawyer may make certain publications or advertisements in newspapers, or
 periodicals or magazines about the opening of a law office, stating the names of
the lawyers and the address of the office or the firm. Publication in reputable law
lists, in a manner consistent with the standards of conduct imposed by the canon,
of brief biographical or informative data is allowable. (Ulep vs. The Legal Aid
Clinic, Inc., Bar Matter No. 553, June 17, 1993).

Q - What should a law firm do if a partner has already died? Explain.

ANS. -If a partner died, the name of the deceased may still be used by the firm,
provided that there is an indication that said partner is already dead and the date
or year of his death. The purpose is to avoid the tendency of improperly exploiting
its advertising value. (In the matter of the Petition for Authority to Continue Use
of the Firm Name Ozaeta, Romulo, De Leon, Mabanta and Reyes, 92 SCRA 1).

Q - May a lawyer who attempts to engage in opium deal be disciplined? Why?

ANS. -Yes, because he may not only be removed for malpractice and dishonesty in his
profession, but also for gross misconduct not related to his professional duties
which show him to be an unfit and unworthy lawyer. The courts are not curators
of morals of the bar. At the same time, the profession is not compelled to harbor
all persons whatever their character, who are fortunate enough to keep out of
prison. A good character is an essential qualification for admission of an attorney
to practice, when the attorney's character is bad in such respects as to show that he
is unsafe and unfit to be entrusted with the powers of an attorney, the courts retain
the power to discipline him x x x. Of all classes and professions, the lawyer is
most sacredly bound to uphold the law. (Piatt vs. Abordo, 58 Phil. 350; Co vs.
Atty. Bernardino, A.C. No. 3919, Jan. 28, 1998, 90 SCAD 750).