PROBLEM AREAS IN LEGAL ETHICS

2000-2002

AMING, AL-KEVIN
ANGELES, RAMON PAOLO
BANTAYANON, WILSON
BELLO, KEVIN JOHN
DELA CRUZ, ROSEDY
GADDI, ARNOLD
IBRAHIM, HAZRA
JAIPUDDIN, JOHNMAR
RELLON, DINO
TUBIL, RENANTE
LLB III-A
 For the period covered (2000 – 2002), the Philippines experienced a setback as the
President of the Philippines His Excellency Joseph Estrada was put into trial/impeachment
proceeding on allegations of corruption, betrayal of public trust, and violation of the
constitution. President Estrada step down and Vice-President Gloria Arroyo sworn in as
president. Months after, Joseph Estrada was found guilty of plunder and sentenced to
reclusion perpetua but was later granted executive clemency by President Gloria Arroyo.

This part of the history of the Philippines showed that a person having high position
in the society or government tends to commit illegal acts that are grave in nature. The
violator knew the consequences of their actions but because of their status in the society
and power, escaping the punishment of the law won’t be a problem.

As the saying goes, “Practice what you Preach”. A lot of law professors keep on
reminding their students to perform by heart the Lawyer’s Oath and Code of Professional
Responsibility to maintain the nobility of the legal profession. However, it would be very
difficult to believe when law student are aware of the integrity of their law professors,
other practicing lawyers and judges.

Thus, lawyers committing illegal acts such as violating the constitution, disobeying
laws of the land and disrespecting law and legal processes were rampant because other
lawyers are doing it, peer influence and on the connotation that they can escape the law .

In this analysis, we examine the special, often unique, ethical problems faced by
lawyers. A lawyer’s interests are generally provided by the client. The client can be
expected to understand what is interests are, and to monitor the behavior of the lawyer to
ensure that the lawyer continues to represent their interest. The legal profession gives the
person or lawyer the greatest opportunity to serve the people but is also the greatest
opportunity to take advantage of the clients. As such, he should make himself more an
exemplar for others to emulate. He should not, therefore, engage in unlawful, dishonest,
immoral, or deceitful conduct. He makes himself unfit to remain in the profession who
commits any such unbecoming act or conduct.

The Suspension of the respondent lawyers is not enough. A lawyer’s reputation is a

valuable asset precisely because it will decline in value if the lawyer acts in ways that are
contrary to the interests of their client. Time and again the practice of law is as noble
profession and requires a great deal of integrity and morality. It involves a grea t zeal of
positive attitude and guided with principles that involves justice. Good moral character is
not a condition precedent in the practice of law but a continuous process. Practice of law is
not is not a trade or business but a profession. And since the law is a profession, the
motivation to practice law should not be to earn or to gain from it but to serve ones
fellowmen in view of justice.
 A career as a lawyer is one of the most sought-after professions and there are
indeed many rewards if you pursue one. But working as an attorney has some drawbacks
as well. It's not all exciting courtroom drama, news conferences, and grateful clients. For
the years 2003-2005, the Philippines suffered from series of terrorist attacks from the
unforgettable Superferry blast, Valentine’s Day bombing, and more.

As per the data, Canon 1 of the Code of Professional Responsibility has been the
most violated provision for the years 2003-2005 which provides that “A LAWYER SHALL
UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR
LAW OF AND LEGAL PROCESSES.” and the Problem Area of “THE LEGAL PROFESSION GIVES
THE GREATEST OPPORTUNITY TO SERVE BUT ALSO TO TAKE ADVANTAGES.”

With all the lawlessness situations that have occurred for the period, it is sad to hear
that numbers of lawyers have been suspended and disbarred for committing acts that are
against what is intended of them. Together with the fact of it, the period felt that the
lawyers became terrorists of their own profession.

For generations, a career as a lawyer has been a hallmark of prestige. Impressive

degrees, generous salaries, and an authority over others have placed lawyers in a n elite
circle of professionals who command respect and embody the definition of success.
Lawyers are in a unique position to help individuals, groups, and organizations with their
legal problems and further the public good. However, it cannot be removed that these
lawyers who have committed these mistakes have been marked as a dishonor.

This should be a lesson for all lawyers and future practitioners. To have signed the
roll and become an attorney is a pride and a mark of respect. Not everyone gets to be a
lawyer so we have to always uphold it and avoid committing inexcusable mistakes that will
not only jeopardize the clients or believers of the law and the profession itself.
 2006-2008

The Code of Professional Responsibility establishes the principles and rules of

conduct that attorneys shall at all times follow in fulfilling their professional
responsibilities and in order to preserve the dignity of, and respect for, the legal professio n.
Hence, it is commanded to every lawyers to act with utmost diligence, competence, candor
and fairness in the conduct of their cases.

Notably, since the promulgation of the CPR in 1988, the number of lawyers who
were disbarred or suspended in the Practice of Law is amassed year by year. In the year
2003-2015, out of 147 cases decided by the courts: 100 lawyers or 68% were
suspended;22 or 15% were disbarred; and 20% were reprimanded and/or fined.

Thus, we came across to a question why they were disbarred, suspended,

reprimanded or fined? The data shows 45% of these lawyer’s act in violation of Rule 1.01 of
the Canon of Professional responsibility. The said rule provides that a lawyer shall uphold
the constitution, obey the laws of the land and promote respect for law and for legal
processes. Rule 1.01 states that:

“lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct”.

As servant of the law and officers of the courts, lawyer are required to be at the
forefront of observing and maintaining the rule of law. They are expected to make
themselves exemplars worthy of emulation.

In addition, and in connection to the most violated Canon, the problem areas most
affected in the span of those years is that lawyers give greatest opportunity to serve but
also to take advantage. This is true, for in fact, some lawyers think that since they played a
hand during the difficulty of winning the case, they must be entitled to a higher pay.

As the famous line in the movie Spiderman say “With great power comes great
responsibility” it is expected of lawyers, as experts in Law and legal processes, to be the
ones serving justice but it also becomes an avenue for them to abuse their intellect of the
legal profession. Many lawyers tend to be tempted by riches that they can get from their
client, this causes them to ignore the oath that they made, violate the code of professional
responsibility and degrade the legal profession.

This problem area that is most affected can be considered as the root cause of all
other violations by lawyers. Because of the temptation of riches and influence that they can
get from their client, lawyers tend to take advantage of them, furthering their cause
without justifiable reason, prosecuting a baseless claim, falsifying documents, paying false
witnesses and many more just to achieve such riches and influence.
 Life is full of temptations, it is up to us whether we will fall for it or not. A lawyer
must be brave enough to face these temptations and defeat them using the dignity of the
legal profession as his shield and his knowledge of the law as his sword.

“Blessed is the man that endureth temptation: for when he is tried, he shall receive the crown
of life, which the Lord hath promised to them that love him” James 1:12
 GROUP REFLECTION

The doctrinal pronouncement that the law is, perhaps the noblest profession was
mostly violated in the period of 2000-2002 and period of 2006-2008.

This doctrinal pronouncement teaches every young mind in every law school the
importance of upholding the ideals and ethics of the profession. This importance reminds
every aspiring lawyer that good ethical practice is needed to perform their duty in justice
dispensation.

But such good ethical practice has been forgotten by most practicing lawyers in the period
of 2000-2002 and period of 2006-2008 resulting to disbarment cases. During these periods
lawyers mostly violated Canon 1, Rule 1.01 of the Code of Professional Responsibility
which states that:

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

This leads to the question: How can lawyers avoid committing the problem area exposed?

Maybe the problem lies not within the teachings of good ethical practice in law but depends
on the person himself. This is true for all professions, not only lawyers. It has everything to
do with morals. Being a lawyer is a noble profession if the person who is practicing it is
noble him/herself. It is all about personality.

But if it all goes down to a person’s personality does this mean that there is no way for
lawyers to avoid committing such problem areas? Absolutely not!

Lawyers should always be reminded that our interest in not to be our own, but should be
those which align with the discharge of our duties to the Court, to our Client and to the Law.
That a lawyer is to have above average ethical standards and must uphold the letter of the
law. They are considered officers of the court. An omission, obstruction of fact, or other less
than honest and lawful behavior is ground for censure and/or disbarment. Also, it should
be reminded that this does not only apply to Lawyers but also include law students.

We are educated, eloquent and hard workers. Being in the practice of law or even while still
in the process of studying it is not an easy feat! We should put those talents to use. We
should be a body of professionals that are beyond reproach, that people aspire to, and that
we are proud to be involved in.
 Period of 2003-2005

In the period of 2003-2005 the most problem area exposed was different. In this
period the most violated doctrinal pronouncement was that the legal profession gives the
greatest opportunity serve his fellowmen.

This doctrinal pronouncement shows that when a client engages the service of a
lawyer, it gives him the greatest opportunity to serve such client. It is then presumed that
by engaging his services, such client would entrust everything to the lawyer includ ing his
honor and dignity. This is because he is ignorant in the rule of law. And as a lawyer who
have incredible knowledge in the rule of law it would be easy to take advantage of them.

This is what happened in the period of 2003-2005. Most lawyers in this period took
advantage of their clients breaking their trust and which lead to administrative complaint
against them. If a client entrust you with everything he got it is upon you to make good
trust or to break the trust, but these lawyers simply broke that trust. So, what could have
been the reason on why these lawyers did such act and is there a way they can avoid it? It is
money and we think that it is unavoidable. As they say, money is root of all evil. They would
have not done such act if not for the money. These lawyers were easily swayed by money
and took advantage of their clients. It is apparent to say that these lawyers were corrupt
and greedy. Being greedy is conditioned from the early stages of life and is therefore hard
to change.