III.

POSITION PAPER 13

16
JULY 8

III. POSITION PAPER

AS A LAWYER FOR THE DEFENSE
Discussion on what is ethical, equitable and proper in the event that Christine Helm
revealed the truth of the guilt of her husband.

JERICO MARCELO YOU

14 III. POSITION PAPER

FACTS:
It has been revealed by Christine Helm that she willfully and

deliberately committed the crime of perjury in order for the acquittal of

Leonard Vole to be attained. She committed herself to lie under oath

and has fabricated letters between her and a certain Max, who is

supposedly her lover but was later, found out to be fictional.

Furthermore, she provided for the letters to the defense in order to

controvert the testimony earlier provided upon which the case of the

prosecution hinges on. This led to a favorable judgment for Leonard

Vole by the reason the discreditation of the testimony. Christine Helm

then approaches the defense and reveals the foregoing.

Position:
It must be given stress that the revelation done was after the trial and

decision had already been made. Therefore, the ethical thing to do as

counsel for the defense is to maintain its fortitude and loyalty to his

client. The defense should set aside its pride on being had upon by the

accused and as well as by the witness.

As Rudyard Kipling implies on his work in the literary piece of ‘If’, if a

man could afford to be lied to and lied upon, then he deals not in lies.

Application of Law and Jurisprudence

If the revelation were done before the trial has ended, the position

would shift as a counsel for the defense. The proper act to be done is

to withdraw as part of the counsel of Leonard Vole.

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CANON 10 - 1A LAWYER OWES CANDOR, FAIRNESS AND GOOD

FAITH TO THE COURT.
Rule 22.01 - A lawyer may withdraw his services in any of the
following
(a) When the client pursues an illegal or immoral course
of conduct in connection with the matter he is handling;
(b) When the client insists that the lawyer pursue conduct
violative of these canons and rules;
(c) When his inability to work with co-counsel will not promote
the best interest of the client;
(d) When the mental or physical condition of the lawyer renders
it difficult for him to carry out the employment effectively;
(e) When the client deliberately fails to pay the fees for the
services or fails to comply with the retainer agreement;
(f) When the lawyer is elected or appointed to public office; and
(g) Other similar cases (Emphasis supplied) (Code of
Professional Responsibility)

Before the discussion of the lawyer-client privilege, it must be noted

that a lawyer is also an officer of the court and as such he has the duty

to uphold justice. If he is, therefore, aware that his client has

committed the crime of Murder and that the witness perjured herself in

order to deceive the court for the acquittal of Leonard Vole then as a

lawyer, the defense is duty bound to take no part in the commission of

the crime of perjury. The Code of Professional Responsibility dictates

that a lawyer owes good faith to the court. As such, if the defense

proceeded with the notion and evidence of such fraudulent character

then the defense does not deserve to be part of this noble profession.

Perjury has been committed and therefore, it deviates from the moral

course of legal action.

However, as the revelation presents itself after decision has been

made, the counsel is then obligated by his duty to his client to keep a

tight lip and to represent the interests of his client.

1 Code of Professional Responsibility
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CANON 21 - 2 A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED. (Code of Professional
Responsibility)

Therefore, the defense is duty bound to preserve the secrets disclosed

to him by Catherine Helm as the defense was still discharging his

functions as a counsel for Leonard Vole. She approached the defense

upon such notion and as such, the counsel is to keep the confidence.

Thus, 3the duty of a lawyer to preserve his client's secrets and

confidence outlasts the termination of the attorney-client
relationship, and continues even after the client's death. It is the
glory of the legal profession that its fidelity to its client can be
depended on, and that a man may safely go to a lawyer and
converse with him upon his rights or supposed rights in any
litigation with absolute assurance that the lawyer's tongue is
tied from ever disclosing it. With full disclosure of the facts of
the case by the client to his attorney, adequate legal
representation will result in the ascertainment and enforcement
of rights or the prosecution or defense of the client's cause.
(Rosa F. Mercado vs. Atty. Julito D. Virtiolo)

It painstakingly difficult to reconcile what is the moral thing to do and

what is demanded of lawyers when it comes to what the law deems to

be ethical. However, as counsel for the defense, I may not disclose any

information that would be harmful to my client.

4
Art. 209. Betrayal of Trust by an Attorney or Solicitor.
Revelation of secrets. In addition to the proper administrative
action, the penalty of prision correccional in its minimum period,
or a fine ranging from P200 to P1000, or both, shall be imposed
upon any attorney at law or solicitor who, by any malicious
break of professional duty as inexcusable negligence or
ignorance, shall prejudice his client, or reveal any of the secrets
of the latter learned by him in his professional capacity.
5
General Rule: Obligation to keep secrets covers only lawful
purposes
Exceptions:
1. Announcements of intention of a client to commit a crime
2. Client jumped bail and lawyer knows his whereabouts; or
client is living somewhere under an assumed name
3. Communication involves the commission of future fraud
or crime but crimes/frauds “already committed”

2 Code of Professional Responsibility
3 http://www.lawphil.net/judjuris/juri2005/may2005/ac_5108_2005.html
4 Revised Penal Code
5 https://lawphilreviewer.wordpress.com/tag/legal-ethics-chapter-iv-the-lawyer-

and-the-client/
 III. POSITION PAPER 17

falls within the privilege. (Emphasis supplied) (Art.
209 RPC)

As seen from the foregoing, the act of disclosing the secrets of the

client is not only unethical in the purview of the law but is also

penalized by the Revised Penal Code. The revelation done was

pertaining to a crime, which has already been committed. As such, this

does not fall within the exceptions.

Therefore, based on the foregoing discussion of Law and

Jurisprudence, it has been submitted that the position of the defense it

to uphold the integrity of the legal profession through honoring the

attorney-client privilege as stated in of Canon 21 of the Code of

Professional Responsibility