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CANON 1
1. What are the duties of an attorney?
The duties of an attorney are enumerated in Section 20 of Rule 138 of
the Rules of Court. These nine duties are:
a. To maintain allegiance to the Republic of the Philippines and to support
the Constitution and obey the laws of the Philippines
b. To observe and maintain the respect due to the courts of justice and
judicial officers
c. To counsel or maintain such actions or proceedings only as appear to him
to be just, and such defenses only as he believes to be honestly debatable
under the law
d. To employ, for the purpose of maintaining the causes confided to him,
such means only as are consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice or false statement of
fact or law
e. To maintain inviolate the confidence and at every peril to himself, to
preserve the secrets of his client, and to accept no compensation in
connection with his clients business except from him or with his
knowledge and approval
f. To abstain from all offensive personality and to advance no fact prejudicial
to the honor or reputation of a party or witness, unless required by the
justice of the cause with which he is charged
g. Not to encourage either the commencement or the continuance of an
action or proceeding, or delay any mans cause, from any corrupt motive
or interest
h. Never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed
i. In the defense of a person accused of crime, by all fair and honorable
means, regardless of his personal opinion as to the guilt of the accused, to
present every defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of law
2. Why is an attorney considered an officer of the court?
A lawyer is considered an officer of the court because before a lawyer
can practice law, he takes an oath before the highest court in the country, the
Supreme Court. After taking his oath, he becomes a servant of the law and a
part of a profession to which society has entrusted the administration of law
and the dispensing of justice. A lawyer's oath impresses upon him the
responsibilities of an officer of the court upon whose shoulders rest the grave
responsibility of assisting courts in the proper, fair, speedy and efficient
administration of justice.
attorney owes to the court, to his clients, to his colleagues in the profession
and to the public.
The principal sources of the ethical foundation for all lawyers in the
Philippines are the following:
- Canons of Professional Ethics, which was adopted by the Philippine Bar
Association from the American Bar Association
- Code of Professional Responsibility, which was promulgated by the
Supreme Court
7. State in substance the lawyers oath of office.
The lawyers oath of office contains, in summary, what the duties of
each member of the Bar are. The oath contains the duty of a lawyer to
maintain allegiance to the Republic of the Philippines, to support its
Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein.
Their oath mandates to them how they would conduct themselves as
members of the Bar. As lawyers, they are expected to do no falsehood, nor
consent to the doing of any in court. A lawyer is expected to not willingly nor
wittingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same.
A lawyer must not delay any man for money or malice, and must
conduct himself as a lawyer according to the best of his knowledge and
discretion, with all good fidelity as well to the court as to his clients.
In swearing the oath, a lawyer imposes upon himself the voluntary
obligations without any mental reservation or purpose of evasion.
8. What is your understanding of that part of the lawyers oath which states, I
will delay no man for money?
The statement I will delay no man for money means that a lawyer
must not delay the cause of any man, client or not, for money. A lawyers
duty to render legal services to his client with competence and diligence
should not depend on the payment of money, but on the fact that they are
servants of the law. Being servants of the law, their duty is not to enrich
themselves financially but to see to it that justice is administered properly,
and legal aid is given to those in need. A lawyer cannot simply decline to
render legal help or advice without just cause. In cases where a lawyer
accepts to handle a case, whether for a fee or gratis et amore (pro bono),
he/she undertakes to give his utmost attention, skill and competence to it
regardless of its significance. His client, whether rich or poor has the right to
expect that he will discharge his duties diligent and exert his best efforts,
learning and ability in prosecuting and defending the case.
9. Atty. X prepared and later acknowledged as a Notary Public, a document
which stipulated among others, that the contracting parties, husband and
wife, authorize each other to remarry and fully renounce whatever right of
action one may take against the party to marrying. Atty. X strongly
represented to the parties that they were free to marry, on the basis of which
representation the husband remarried. Can Atty. X be disbarred? Reason.
Yes. Atty. X can be disbarred for failing to uphold his duties a lawyer
when he chose to strongly represent to the parties that they were free to
marry, and even executed a document which stipulated that the parties were
authorized to remarry even if this is contrary to the law. What he did was a
direct disregard and violation of Canon 1 because he failed to promote the
respect for law and for legal processes. As a lawyer, he is knowledgeable to
the law and the violations against it. It is his duty to uphold what is right, and
not to consent to the violation of the law. A lawyer shall not counsel or abet
activities aimed at the defiance of the law. He should not allow his services to
be engaged by parties who are violating the law and defend them should
they get caught.
10.State the four-fold duties of a lawyer.
A lawyer has a duty to his society (public), to the Court, to the Bar (his
colleagues), and to his client. As for his duty to the public, a lawyer should
not violate his responsibility to society. He should be an exemplar for
righteousness. He must be ready to render legal aid, and foster social
reforms. He is a guardian of due process, aware of his special role in the
solution of special problems, and he is always ready to lend assistance in the
study and solution of social problems.
As for his duty to the Court, a lawyer must respect or defend the Court
against criticisms. He must uphold its authority and dignity, obey order and
its processes, and assist in the administration of justice.
As for his duty to the Bar, a lawyer must show candor, fairness,
courtesy and truthfulness to his colleagues. He must avoid encroachment in
the business of other lawyers, and uphold the honor of the law profession.
As for his duty to his client, a layer must be entirely devoted to uphold
and support his clients interest and cause.
11.What is considered the first and foremost duty of a lawyer? Explain.
The first and foremost duty of a lawyer can be found in Canon 1 of the
Code of Professional Responsibility, which states that, A lawyer shall uphold
the Constitution, obey the laws of the land and promote respect for law and
for legal processes. Canon 1 mandates upon a lawyer his duty to maintain
allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.