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. >>>>>> 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. >>>>>> 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.