PROBLEM AREAS IN LEGAL ETHICS

SHINING MOMENTS
NELSON MANDELA
South-African anti-apartheid revolutionary, politician, philanthropist,
former President of South Africa (first black chief executive)
o Apartheid- a social system in South Africa in which black people
and people from other racial groups did not have the same
political and economic rights as white people and were forced to
live separately from white people
An African nationalist and democratic socialist who served as the
President of the African National Congress (ANC)
Studied law at the University of Witwatersrand but left the university
because of lack of finances. He resumed his study at the University of
London after his imprisonment but also did not complete the degree.
While in his last months of imprisonment, he obtained an LLB through
the University of South Africa, graduating in absentia during the grad
ceremony
Launched a campaign of civil disobedience against six unjust laws; was
charged under the Suppression of Communism Act, suspended for two
years
Was arrested in a countrywide police swoop which led to the 1956
Treason Trial, wherein men and women of all races found themselves in
the dock in the marathon trial that ended when the last 28 accused,
including Mandela were acquitted
Led the an armed struggle and established the Spear of the Nation.
He secretly left South Africa and travelled around Africa to gain support
for the armed struggle. He was arrested in a police roadblock. He was
charged with leaving the country w/o a permit and inciting workers to
strike. He was imprisoned and was tried in what became known as the
Rivonia Trial.
After serving 27 years in prison, he was released in 1989, after the
unbanning of his party, the ANC
In 1993, he won the Nobel Peace Price
During his presidency, he introduced measures to encourage land
reform, combant poverty and expand healthcare services. He declined
a second term.
Famous quotes:
o The greatest glory in living lies in not in never falling but in
rising everytime we fall.
o For to be free is not merely to cast off ones chains, but to live in
a way that respects and enhances the freedom of others.
ABRAHAM LINCOLN
16th President of the United States

 Was elected to the Illinois state legislature, viewed slavery not as a

moral wrong but as an impediment to economic development
Taught himself the law by reading William Blackstones Commentaries
on the Laws of England
As a member of the US House of Representatives, he used his term to
speak out against the Mexican-American War, which made him
unpopular in his home town. He decided not to run for second term,
but instead returned to practicing law
In one case, a witness claimed that he could identify Lincolns client
who was accused of murder, because of the intense light from a full
moon. Lincoln referred to an almanac, and proved that the night in
question had been too dark for the witness to see anything clearly. His
client was acquitted.
When Congress passed a law allowing individual states and territories
to decide for themselves whether to allow slavery (the law provoked
violent opposition and gave rise to the Republican party), Lincolns
political zeal was awakened once more, and his views on slavery
moved more toward moral indignation. He joined the Republican party.
When the Supreme Court issued a controversial decision declaring that
African Americans were not citizens and had no inherent rights, Lincoln
said that he believed that the Americas founders intended that all men
were created with certain inalienable rights (though he felt that African
Americans were not equal to whites). He challenged the sitting senator
for a senate seat, criticizing the latter, the Supreme Court and the
President for promoting slavery and declared: a house divided cannot
stand.
Was assassinated by well-known actor and Confederate sympathizer
John Wilkes Booth
Led the US through its Civil War (its bloodiest war and its greatest
moral, constitutional and political crisis), preserving the Union .
Famous quotes:
o Discourage litigation. Persuade your neighbors to compromise
whenever you can. As a peacemaker the lawyer has superior
opportunity of being a good man. There will still be business
enough.
JOSE W. DIOKNO
Filipino nationalist who served as Senator of the Philippines; Founding
chair of the Commission on Human Rights, and founder of the Free
Legal Assistance Group
The only person to top both the bar exams and the board exam for
CPAs.
His career was dedicated to the promotion of human rights, defense of
Philippine sovereignty, and the enactment of pro-Filipino economic
legislation.

 His law studies (in UST) were interrupted by the outbreak of the WWII.
During the war, he continued his education by reading his fathers law
books. When the war was over, he was granted a special dispensation
by the SC and allowed to take the Phil. Bar Exams despite having never
completed a law degree.
Famous cases: Battling libel charges against Manila Mayor Arsenio
Lacson, winning an election case on behalf of his father
Appointed Secretary of Justice during the term of Diosdado Macapagal
Stonehill v. Diokno: In 1962, he ordered a raid on a firm owned by
Harry Stonehill, an American businessman who was suspected of tax
evasion and bribing public officials. The investigation on Stonehill
revealed corruption within the government ranks. Howevever,
Macapagal intervened, accepting a deal absolving Stonehill in
exchange for his deportment, and ordering Dioknos resignation.
Diokno questioned Macapagals actions, saying: How can the
government now prosecute the corrupted when it has allowed the
corrupter to go?
Ran for Senate, won, became chairman of the Senate Economic Affairs
Committee, worked for the passage of pro-Filipino legislation, most
notably the Industrial Inventives Law, providing incentives to Filipino
investors and entrepreneurs in order to place control of the Philippine
economy in the hands of Filipinos
Authored the Oil Industry Commission Bill, co-authored the Exports
Incentives Act
Named Outstanding Senator by the Philippines Free Press from 1967 to
1970, amking him the only legislator to receive the recognition for four
successive years
Resigned from the Nacionalista Party following Marcos suspension of
the privilege of the writ of habeas corpus
Following the Jabidah Massacre, he said: No cause is more worthy
than the cause of human rights. They are what makes a man human.
Deny them and you deny mans humanity
Was arrested by the armed soldiers during the Marcos regime, was
brought to Crame and Fort Bonifacio where he was detained along with
Ninoy Aquino. Spent nearly two years in detention, but no charge was
ever filed against him. Was released during Marcos 57th birthday
Upon his release, he set up the Free Legal Assistance Group, which
gave free services to the victims of martial law. He defended tribal
groups, peasants, social workers threatened by exploitation and
military atrocities.
And so law in the land died. I grieve for it but I do not despair over it. I
know, with a certainty no argument can turn, no wind can shake, that
from its dust will rise a new and better law: more just, more human,
and more humane. When that will happen, I know not. That it will
happen, I know.

 Was appointed during the Cory Aquino administration as the founding

chairman of the Presidential Committee on Human Rights; was tasked
to lead a government panel to negotiate for the return of rebel forces
to government folds
Diokno resigned as he was disappointed by the Mendiola Massacre
Was opposed to the establishment of American bases in the country
According to an account by F. Sionil Jose, he was a very good writer and
speaker especially during political rallies, and also a very good
photographer
Famous quotes:
o "I know my people. We will be free. We will develop. We will build
our own societies. We will sing our own songs"
o "The superior virtue is not to receive justice, it is to fight
relentlessly for it."