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Gomgom-o, Ebony E. B.


Give your reflection after reading this article. What are the existential conditions in the judiciary which give rise to criticisms from lawyers?

Law is an imperfect profession in which success can

rarely be achieved without some sacrifice of principle.

Thus all practicing lawyers

and most others in the profession -- will necessarily

be imperfect, especially in the eyes of young idealists.

There is no perfect justice, just as there is no

absolute in ethics. But there is perfect injustice, and we know it when we see it.

ALAN DERSHOWITZ, Letters to a Young Lawyer

Being a lawyer is not an easy task to do. You have lots of responsibility not only to yourself but also with the society. Practice of law is a profession and not a right but a privileged; not a business or trade. According in the case of Bongalonta v Castillo, CBD Case No. 176 Jan.20, 1995, practice of law is a continuous duty that owes not only for client’s employees but to all of them and should possess honesty and morals.

It is not a trade or business because it is not used for compensation but for justice.

Under Canon 11 of the Code of Professional Responsibility a Lawyer must observe and maintain the respect due to the courts and judicial officers.

Lawyers should address the judges in an appropriate manner because the latter is still the one who is more superior inside the court proceedings.

In Wicker v Arcangel, Gr.no.112869, Jan.29, 199 the allegations are derogatory to the integrity and honor of the respondent judge and constitute an unwarranted criticism of the administration of justice. Attorney’s duty to the court is not secondary to his client.

And additionally, Canon11 Rule11.03 lawyers must abstain from scandalous, offensive or menacing language or behavior before the court in Pobre v Santiago, A.C.No.7399, Aug. 25, 2009, the court ruled that the respondent as a member and an officer of the court like any other is duty bound to uphold the dignity and authority of the court and to maintain respect due to the courts and should not be allowed to erode the people’s faith in the judiciary.

Once a case was lost in the lower court and an appeal has been made by the counsel and yet such appeal is rejected it does not mean that the judges in the higher court do this for annoying a lawyer but instead they did this in order to declog court dockets and if they see to it that the lower court’s decision is fair and unquestionable.

But some rejections in the petition is justifiable because some lawyers are the one who forgot their role like not filling the case in the time specified and delaying the administration of justice for filling Motion for Extension. Such in Achacoso v CA, Gr.no.L-35867, June 28, 1973 the court ruled that the counsel violated the Code of Professional Responsibility because he is delaying the administration of justice and trifling with the courts process. It does not reflect well on counsel conduct as an officer of the court that after assuring the court that it would be the last to file the awaited reply the period simply lapse without any explanation whatsoever and worst to wait to be to found due and have the court required to explain.

And lastly in criticizing the works of judiciary the lawyers must be fair and just as an officer of the court to give his judgment in respectful terms and manners.

It’s normal and not a prohibitory act to criticize but they should see to it that it is well said and in reputable manner as one of the author says that a man is reasoning rather than a reasonable animal.

Therefore, lawyers must see to it that in giving their critics they should still bound in the Code of Professional Responsibility.