Mitzi Caryl T.

Encarnacion
Legal Ethics
Atty. Batapa-Sigue

Lawyer: the Exemplarman

A lawyer bears obligations far beyond good citizenship's basic requirements. In fact, as a
professional that studied the law, a lawyer should be an inspiration for others to imitate. In other
words and in the respect of the law, a lawyer is expected to be a template in the society.
One should not in any circumstances circumvent the law by recommending actions that are
contrary to the law. Furthermore, a lawyer must not enable a group to violate the law and use his
services to protect them when they are arrested.

The aforementioned characteristics are encompassed in Canon 1 of the Code of Professional

Responsibility which states that “a lawyer shall uphold the constitution, obey the laws of the
land and promote respect for law and for legal processes.” This canon is further explained with
specific rules that dictate what a lawyer shall or shall not do. The first rule speaks about the
lawyer’s duty not to engage in unlawful conduct. If a lawyer is guilty of committing such
despicable acts, it mirrors his moral indifference to the opinion of a good and respectable
member of the community. The case Re: Financial Audit of Atty. Raquel G. Kho, A.M. No. P-06-
2177 of June 26, 2006 referred to Canon 1, Rule 1.01 in reprimanding and ordering Atty. Raquel
G. Kho to pay a fine when she was found guilty of gross misconduct for her failure to make a
timely remittance of judiciary funds in her custody. Her actions were considered as a breach of
her oath to obey the laws as well as the legal orders of the duly constituted authorities and of her
duties under the Code of Professional Responsibility.

Canon 1 also speaks about the duty not to counsel illegal activities. The Supreme Court has
once stated that it will not denounce criticism made by anyone against the Court for, if well
founded, can truly have constructive effects in the task of the Court, but it will not countenance
any wrongdoing nor allow the erosion of our people’s faith in the judicial system, let alone, by
those who have been privileged by it to practice law in the Philippines. (Estrada v.
Sandiganbayan, 416 SCRA 465 [2003]). Moreover, In Re: Terrel 1903, Atty. Terrel was found to
be guilty of gross misconduct for helping with the creation and serving as attorney for the Centro
Bellas Artes Club, an entity designed to circumvent law practice. As an individual practicing
law, one must not encourage the despicable ones to find loopholes so that they may prejudice
others.

Another rule that falls under this canon is the duty not to encourage lawsuits. Society has
painted lawyers as the profession that fancies lawsuits for the sake of it. This, however, is not
true. The canon actually speaks of a discouragement with regard to stirring up litigation because
it results to a heavy burden upon the courts and the public. Moreover, it can cause more harm
than good to the parties in a suit. With this, the fourth rule, which is the duty to encourage
amicable settlements come to play. If an issue between two parties can be solved amicably and
through a civilized manner, the better it is. A lawyer must act as a mediator rather than an
instigator when it comes to matters that can result to serious litigation. This kind of mindset
encourages respect between the involved parties and removes a certain level of emotional stress
for the lawyer and his client.

The Code of Professional Responsibility serves as an important guide that helps lawyers,
especially the new ones, navigate their way in the practice. It may seem like a simple code but it
is highly regarded with utmost seriousness. The Supreme Court emphasized that “…no lawyer
should ever lose sight of the verity that the practice of the legal profession is always a privilege
that the Court extends only to the deserving, and that the Court may withdraw or deny the
privilege to him who fails to observe and respect the Lawyer's Oath and the canons of ethical
conduct in his professional and private capacities…” in the decided case of Embido vs. Pe
wherein the respondent lawyer was disbarred for falsifying a court decision. The court will most
certainly not hesitate to strike off a lawyers’ name from the Roll of Attorneys if one is found
guilty of violating the lawyer’s oath in correspondence with this code. A Philippine lawyer must
always remember that his role in society is to be the Exemplarman, the Filipino first cousin of
Superman. He is in all ways an Exemplar and his powers include aiding in real life problems by
using the power of law. As a real life superhero, a lawyer must keep in mind that with great
power comes with great responsibility.