VICTOR ALBA 3-MANRESA

Rainmaker

The film talks about a fresh graduate of law school which is Rudy, who is
struggling to find a job and who has been previously forced to get a job while he was
still studying. Right after graduating from law school, he is still struggling looking for a
job and as desperate as he is in finding such job, he is introduced to J. Lyman “Bruiser”
Stone, who is a ruthless but successful ambulance chaser, and becomes an associate.
As an associate, he is required to hunt for potential clients at a local hospital to earn his
fee.

As to the Problem Areas in Legal Ethics, it must be noted that lawyering is not a
trade or business but a profession. And since lawyering is a profession, the motivation
for practicing law should not be to earn money or gain from it but to serve one’s
fellowmen in view of justice. Moreover, the lawyer’s oath provides that a lawyer must
not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give
aid nor consent to the same; will not delay no man for money or malice, and will conduct
himself as a lawyer according to the best of his knowledge and discretion, with all good
fidelity as well to the court as to his clients.

Furthermore, the Code of Professional Responsibility states, as provided for in

Rule 1.03 and Rule 1.04 that:

Rule 1.03 – A lawyer shall not, for any corrupt motive or interest, encourage
any suit or proceeding or delay any man’s cause.

Rule 1.04 – A lawyer shall encourage his clients to avoid, end or settle the
controversy if it will admit of a fair settlement.

As shown in the film, Rudy was introduced to J. Lyman “Bruiser” Stone who is a
successful ambulance chaser, and as his associate, he is required to go to local
hospital to find for some potential clients. This practice is called Ambulance Chasing
which refers to an Act of chasing victims of accidents for the purpose of talking to the
said victims (or relatives) and offering his legal services for the filing of a case against
the person(s) who caused the accident(s). This is the problem area in legal ethics that is
depicted in the film. As lawyers, one has no obligation to encourage suits. This is so as
to prevent barratry and ambulance chasing. Barratry is an offense of frequently exciting
and stirring up quarrels and suits, either at law or otherwise; Lawyer’s act of fomenting
suits among individuals and offering his legal services to one of them. This is in violation
of what is provided in the Code of Responsibility particularly Rule 1.03 and Rule 1.04. A
lawyer must not engage in ambulance chasing or barratry for the sake of having clients
and earn money. Again, lawyering is not an avenue for one to earn money. Lawyering is
not a money venture business. It is a pure service in the name of justice. A lawyer must
not encourage suits but for settlements. The court is too bombarded with pending
cases. So a lawyers must not engage into ambulance chasing to encouraging victims to
filing suits as it will add up to the cases that has been long pending before the court.