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CANON 13 - A LAWYER SHALL RELY UPON THE

MERITS OF HIS CAUSE AND REFRAIN FROM


ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.

Observative public may jump into conclusions that


these things are being done by lawyer in
anticipation of some favorable reciprocation on the
part of the judge affects confidence of people in
the judicial system

Rule 13.01 - A lawyer shall not extend


extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.

Acts seeking opportunity for cultivating familiarity:


-joining clubs/associations where some judges are
members for purpose of infiltrating the circle
-making judge godfather of their children

Rule 13.02 - A lawyer shall not make public


statements in the media regarding a pending case
tending to arouse public opinion for or against a
party.
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of the
government in the normal course of judicial
proceedings.
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CANON 13 - A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN FROM
ANY IMPROPRIETY WHICH TENDS TO
INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.
*Lawyer is a minister of Justice.
Justice rendering one what is due him
His cases must be won because they are
meritorious; not because of connections, clout,
dominance or influence
*Lawyer must not display or boast of being
influential to the court. Such will erode the
confidence of the public on the fair administration
of justice
*On the other hand, judge has the corresponding
duty not to permit others to convey the impression
that they are in a special position to influence the
judge (Rule 2.03 Code of Judicial Conduct)
Rule 13.01 - A lawyer shall not extend
extraordinary attention or hospitality to, nor
seek opportunity for cultivating familiarity
with Judges.

*Discussing case with judge privately should be


avoided
Rule 13.02 - A lawyer shall not make public
statements in the media regarding a pending
case tending to arouse public opinion for or
against a party.
-may interfere with a fair trial in the courts &
prejudice due administration of justice
Test whether public statement is contemptuous: its
character & its direct tendency to prevent &
obstruct the discharge of official duty
Trial by publicity, when prejudicial: there must be
an allegation & proof that the judge have been
unduly influenced (not simply they might be) by
the barrage of publicity
*lawyer equally guilty as the client if he induces
the latter to cause the publicity; Ex: if lawyer
instigated client to make public statements to
media to arouse public opinion & influence the
judge, both client & lawyer may be subjected to
contempt of court
Rule 13.03 - A lawyer shall not brook or invite
interference by another branch or agency of
the government in the normal course of
judicial proceedings.
-to preserve independence of the judge in the
performance of his duties
Distinguish from Rule 11.05 grievances against
judges to proper authorities only
CHAPTER IV. THE LAWYER AND THE CLIENT

-to protect the good name of the judge & the


lawyer

CANON 14 - A LAWYER SHALL NOT REFUSE


HIS SERVICES TO THE NEEDY.

Acts of extraordinary hospitality or attention to


judge:
-opening door of his office/car
-carrying his things/lighting his cigarette
-serving him food in social gatherings
-spending for his birthday

Rule 14.01 - A lawyer shall not decline to


represent a person solely on account of the latter's
race, sex. creed or status of life, or because of his
own opinion regarding the guilt of said person.

Rule 14.02 - A lawyer shall not decline, except for


serious and sufficient cause, an appointment as
counsel de officio or as amicus curiae, or a request
from the Integrated Bar of the Philippines or any of
its chapters for rendition of free legal aid.
Rule 14.03 - A lawyer may not refuse to accept
representation of an indigent client if:
(a) he is not in a position to carry out the work
effectively or competently;
(b) he labors under a conflict of interest between
him and the prospective client or between a
present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a
person unable to pay his professional fees shall
observe the same standard of conduct governing
his relations with paying clients.
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Rule 14.01 - A lawyer shall not decline to
represent a person solely on account of the latter's
race, sex. creed or status of life, or because of his
own opinion regarding the guilt of said person.

by him that he has read the pleading, that to the


best of his knowledge, info and belief, there is
good ground to support it
Rule 14.02 - A lawyer shall not decline,
except for serious and sufficient cause, an
appointment as counsel de officio or as
amicus curiae, or a request from the
Integrated Bar of the Philippines or any of its
chapters for rendition of free legal aid.
*Duty to appoint counsel de oficio rests upon
presiding judge
If accused appears w/o counsel, it is duty of judge
to inform him that under the Costi he has right to
be represented by attorney, and be asked whether
he desires the aid of an attorney. If he desires but
unable to employ one, court must assign attorney
de oficio to defend him (Rule 116 Sec 6 RRC)
Lawyer appointed cannot decline except or serious
& sufficient cause (not for trivial & flimsy reason)
-purpose of arraignment, counsel de oficio given at
least an hour to consult with accused as to his plea
before proceeding w/ arraignment

*Lawyer is not bound to accept all cases (esp if he


is loaded with cases already). He must in his own
responsibility decide what business he will accept
as counsel, what cases he will bring to court as
plaintiffs, what cases he will contest in court for
defendants.

*Courts are cautioned against frequent


appointment of same attorney as counsel de oficio
for: (1) it is unfair to atty concerned, considering
the burden of his regular practice, that he should
be saddled with too many de oficio cases (2)
compensation

BUT not decline for the SOLE reason of latters:


race, sex, creed, status in life, or because of
lawyers opinion of guilt

Rule 14.03 - A lawyer may not refuse to accept


representation of an indigent client if:

If lawyer declines for defend accused person bec


he believes such person is guilty he assumes
character of judge
Innocent persons who may be victims only of
circumstances, might be denied proper defense
Even after accepting, he discovers client is actually
guilty must continue with defense using fair
arguments arising from evidence & see to it due
process is accorded: client not punished more than
what law provides
Rule 14.01 only applicable to Crim Cases; in civil
cases obviously it is his duty
Rule 7 Sec 5 RRC when lawyer signs a complaint
or answer, his signature is deemed a certification

(a) he is not in a position to carry out the work


effectively or competently;
(b) he labors under a conflict of interest between
him and the prospective client or between a
present client and the prospective client.
Rule 14.04 - A lawyer who accepts the cause of a
person unable to pay his professional fees shall
observe the same standard of conduct governing
his relations with paying clients.

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