Canon 8
Respondent filed a motion to dismiss that contained
A lawyer shall conduct himself with courtesy, fairness and candor
towards his colleagues, and shall avoid using harassing tactics
against the opposing counsel.
8.01
 A lawyer shall not use language which is abusive, offensive, and
improper
8.02
 A lawyer shall not encroach upon the professional employment
of another lawyer
 However, he may give proper advice to clients of neglectful
counsel.
Offensive language in 8.01
 Badgering the witness
 Shouting
 Saying, “justice is deaf, blind, and dumb”
BUT
 a lawyer’s language be forceful and emphatic, but it should
always be dignified and respectful.
On 8.02
 Clients can look for other counsel than their own retainers and
can keep as many retainers as they can.
 A client of a neglectful counsel approached another attorney to
make him his new counsel and then the latter accepts. This is
not a violation of the rule.
Reason
 The duty to give proper advice to is contemplated in the rule,
and a proper advice could be to switch to new counsel.
 A neglectful counsel is not entitled to notice
Procedure in Switching to New Counsel
 When client seeks new counsel, the latter should ask the
former, whether he wants the new counsel to cooperate with
the old counsel, or to take charge of the case.
 The proposal for new counsel should be notified to the old
counsel who actively participated in the case.
 A neglectful counsel is not entitled to notice.
Barandon, Jr. vs. Ferrer (2010)
 Barandon had a falsification case against him filed by Ferrer.
 Atty. Barandon filed a complaint with the IBP-CBD for the
disbarment, suspension of Atty. Ferrer.
 Complainant assigns the following offenses:
1.
offensive language that hinted that the former presented a
false document in court.
2. Respondent fabricated a charge against complainant for
alleged falsification of public document in a civil case.
3. Respondent got drunk one time and taunted at
complainant.
4. Respondent threatened complainant when the latter
refused to falsify a document for him.
5. Respondent was inside his son’s taxi and collided with a
tricycle causing injuries to the passengers, but neither he
nor his son helped the victims. He blamed the tricycle
driver for being drunk and prevented an eyewitness from
reporting.
Ferrer’s Defense
 Complainant has no evidence to prove that respondent was
drunk.
 MTC was already in session at the time respondent taunted, so
it was improbable the court did not stop him for his behavior.
 Instead, of submitting the falsified evidence, complainant filed
charges of libel and grave threats against respondent.
 Complainant was forum shopping when filed complaint for
disbarment and the case of libel and grave threats.
ISSUE: WON the respondent violated Rule 8.01 – YES, he did. He
was suspended for 1 year.
HELD:
 Ferrer’s actions do not measure up to Rule 8.01.
 evidence shows that he imputed to Barandon the falsification
of an affidavit in a civil case.
 He made this imputation with pure malice for he had no
evidence that the affidavit had been falsified.
 Ferrer could have aired his charge of falsification in a proper
forum without using offensive language against a fellow lawyer.
Alcantara v. Pefianco (2002)
 Complaint against Atty. Pefianco for conduct unbecoming a
member of the bar for using offensive language and
threatening and attempting to assault complainant.
 Atty. Salvani was consulting with a client in the PAO.
 A woman in tears approached them.
 Complainant saw her and suggested that she talk to Salvani in
another room.
 Respondent who was sitting nearby shouted, "Why do you
settle that case? Have your client imprisoned so that he will
realize his mistake."
 Complainant was surprised at his outburst and asked him to
calm down and leave it to Salvani to settle the issue.
 Respondent calmed down awhile but started shouting at
Salvani again.
 After this, complainant asked his clerk to put a notice outside
prohibiting anyone from interfering with any activity in the
PAO.
 When complainant went back from a hearing, he heard
respondent saying that complainant was an idiot.
 Upon seeing complainant, respondent pointed his finger at him
and repeated his statement to other people.
 Complainant confronted respondent and told him to be civil or
leave the office.
 Respondent took a menacing stance and a tried to attack
complainant but was stopped by the guards.

Respondent’s Defense

 Seeing the woman crying whose husband was murdered moved

him to take up her defense.
 It was the complainant who tried to attack first.
 Respondent filed before the Ombudsman an administrative and
criminal complaint against complainant but was dismissed.

ISSUE: WON the respondent violated Canon 8. - YES, he did. He was

fined for 1,000.

HELD:

 Whatever moral righteousness respondent had was negated by

the way he chose to express his indignation.
 An injustice cannot be righted by another injustice.

Likong vs. Lim (2014)