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Mini - Thesis
Submitted by:
Submitted to:
Justice Nicolas
Legal Ethics
Before trying to solve the problem, we must first define what ethics is. Ethics is
derived from the Greek thikos, which refers to customs. According to Websters
As the words Never which is used in the Rules of Court and Not as used in
the Code of Professional responsibility, the law and the courts frown upon the
rejection of a lawyer when a person asked him for help. The only exception provided
for by the Code of Professional responsibility is seen in the words except for valid
reasons. These valid reasons are provided for by law and by the rulings of the
Supreme Court. These, to reiterate is not the general rule but mere exceptions to the
general rule. Thus, a lawyer has to prove first if he has a valid reason to refuse the
case that is offered to him.
This fact shows the answer on why lawyers, even though they also believe that
the person they are defending really committed the crime, they must, as provided for
by law never to reject, except for valid reason, the said case. Lawyers are not triers of
fact, that is the duty of a Judge. It is up to the judge to determine what is true and
what is not based on the facts presented. Therefore to help the Judge get as much
information as possible to avoid injustice or errors in rendering justice, a lawyer must
set aside his personal opinion and do what was asked of him by law, by the courts
and by his profession.
However, although a case may fall upon the exception as provided for by law,
and as proof that as much as possible the law frowns upon rejection of the cause of a
person especially those of the defenseless or the oppressed, Rule 2.02 clearly stated
that In such cases, even if the lawyer does not accept a case, he shall not refuse to
render legal advice to the person concerned if only to the extent necessary to
safeguard the latter's rights.
This does not only prove the intention of the law and the rules of court but
stresses the importance of the lawyers duty to defend the defenseless up to a certain
point that even if there is a valid reason for him to reject the case, he could not, and
his hand are bound, totally reject the case.
Now that we have proven that lawyers are bound by law to defend someone
despite their personal opinion whether he committed the acts complained of or not
and that although public opinion suggests that he is guilty, a lawyer should set aside
all of those and defend the cause of his client within the bounds of law. We go now to
the next and final issue which is can a lawyer use everything that he knew, even
technicalities to defend his clients as provided for by law?
138 of the Rules of Court, Section 20 (a) paragraph I states that:
(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
Time and time again, laymen often say that if a person is not guilty he should
not resort to technicalities to win the case, but rather should face the issues head on
for a speedy administration of justice.
Yes, they are correct in saying that it could be more speedy not to touch on the
technicalities of a case and just proceed on its merits however, if in the technicalities
only the case could not pass, there is also a big chance that the case is unmeritorious.
Thus, pointing out technicalities could also in fact make administration of justice
speedy and remove the accused or defendant from the shackles of shame, disrepute
and loss of money and sleep because of the case filed against him.
Moreover, as stated by paragraph I of Section 20 in Rule 138, a lawyer is
entitled to defend his client by presenting every defense that the law permits
and this includes technicalities. The reason behind this allowance made by the rules
of court can also be found at the last part of the said provision which states that to
the end that no person may be deprived of life, liberty and property, but by
due process of law.
This is what the law and the Rules of Court tries to protect that both accused
and victims have, the rights provided for by the constitution and the law. And that in
order to take away those rights, due process must first be given.
This answers the questions of laymen why lawyers do not forego with
technicalities in defending a case. It is because they have been allowed by law and
even mandated to do so in order to ascertain that no rights of either the accused or
the victim could be taken unless with due process of law.
Conclusion
Premises considered, it is highly untrue that lawyers are liars because the legal
profession does not tolerate falsehood. There may be some who employ such means
but it does not mean that all lawyers or the legal profession tolerates such acts.
That lawyers do not defend persons whom others might view or even believed
to be the perpetrator of the acts complained of just because of money. Lawyers are
mandated by the law and Code of Professional Responsibility to defend any man,
whether victim or accused, within the bounds of law so that no right could be waived
or be taken away from them without due process of law. And their personal opinion
on whether the accused did the said act complained of or not should be set aside and
provide services needed to ascertain what is true.
Finally, that lawyers use technicalities not to frustrate justice nor to delay it but
they are used because as provided for by law, lawyers are given the power to use all
the legal means necessary to prove the cause of their client and that includes
technicalities.