PART 3.

THE ROLES AND RESPONSIBILITIES OF LAWYERS

B. READINGS

Primary (Required)

• Letter of Sen. Jose W. Diokno to his eldest son, Jose Ramon I. Diokno dated October
23, 1972 at http://abogadoparasabayan.blogspot.com/2005_05_01_archive.html

Slaying Kingsfield
(A sort-of welcome for the entering class at Malcolm Hall, 2000)

Each of you has come to law school, fueled by the desire to become a lawyer. Most of you
have been inspired by role models, culled from your own experiences. Perhaps your parents
or relatives who are lawyers; or actual experience with real lawyers in actual cases; or
perhaps from conversations with graduates of the U.P. College of Law; or even from fictional
role models taken from such diverse fare as The Practice, Ally McBeal, John Grisham’s books
or the real-life stories of the lives of Clarence Darrow or Oliver Wendell Holmes. Whatever
or whoever has been your inspiration for taking this most important step in your young lives,
you are now faced with one reality: you are now officially in law school; and one question:
what do I do next?

The answer to that question may be answered by a scene from the prototypical film about
law school, The Paper Chase (1973). This scene demonstrates how it is to study law.

In this scene, the antagonist of the film, the despotic Professor in Contracts, Mr. Kingsfield, is
concluding his exercise of humiliating the law students in his class; on deck is the hero of the
film, Mr. Hart, a first year law student at Harvard, who has failed to answer his questions. In
a dull, flat monotone dripping with sarcasm, Kingsfield intones, “Mr. Hart, here is a penny,
call your mother and tell her that her son will not become a lawyer.” Hart, who was just about
to bolt the room and quit law school after being humiliated so publicly by Kingsfield, turns
around, stares Kingsfield in the eye, and, in emphatic and plain language, tells Kingsfield,
“You, Kingsfield, are a son of a bitch.” In the stunned silence that follows, Kingsfield very
calmly tells Hart, “That, Mr. Hart, is the most intelligent thing you have ever said in this class.
Sit down.”

During your first weeks in law school, you will find yourself, like the hapless Hart,
confronting Kingsfield, in various guises, shapes and sizes. The challenge for you is to

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overcome your own Kingsfields for unless you do so, then you will just have to tell your father
or mother that you will not become a lawyer. This early in your life as a law student, when
you have yet to open your first case report or law book, you must ask yourself if, like Hart,
you have–or are capable of obtaining–the values, skills, traits and character to slay the
Kingsfields you will meet in law school. (Hart’s emphatic language to Kingsfield is not
encouraged though, for all that it will most certainly get you are either : [1] a 5.0, [2] kicked
out of the class and law school, [3] sued for libel and defamation or [4] possibly all three, in
that order). Slaying your own Kingsfields will be the first skill you need to survive law school
and become a lawyer.

To slay your own Kingsfields and become a lawyer will demand of you a great deal of
sacrifice, commitment, skill and character; there is a need for a genuine self-appraisal on
your part. It is easiest to judge others but most difficult to evaluate oneself. To help you in
your self-appraisal, before you meet your Kingsfields, draw from the thoughts of one of the
foremost criminal lawyers of his time, the late Senator Jose W. Diokno, the beloved Ka Pepe.

Answering Popoy, his eldest son who asked him whether he (Popoy) should study law, Ka
Pepe wrote a deeply insightful, compelling, descriptive, and very moving letter; in his letter,
he bares to Popoy his unique insights on what a lawyer is, how it is to study law and what
kind of person you have to be or may have to become in order to be a great lawyer. It is an
eloquent and inspiring testimonial to one man’s love for country, people, profession and
family written in detention during the darkest days of martial law.

Allow me to share his letter with you:

Dear Popoy,

When you asked me about a month ago, for a list of books that you could read to start studying
law, I was loathe to prepare the list because I felt that you would be wasting your time studying
law in this “new society.”

I am still not sure that it would be worth your while to do so.

A few days ago, while chatting with a soldier, he asked, in all seriousness and sincerity, “Pero
sir, kailangan pa ba ang mga abogado ngayon?” And in a way that perhaps he did not intend,
he raised a perfectly valid question.

A lawyer lives in and by the law; and there is no law when society is ruled, not by reason, but by
will–worse, by the will of one man.

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A lawyer strives for justice; and there is no justice when men and women are imprisoned not
only without guilt, but without trial.

A lawyer must work in freedom; and there is no freedom when conformity is extracted by fear
and criticism silenced by force.

A lawyer builds on facts. He must seek truth; and there is no truth when facts are suppressed,
news is manipulated and charges are fabricated.

Worse, when the Constitution is invoked to justify outrages against freedom, truth and justice,
when democracy is destroyed under the pretext of saving it, law is not only denied–it is
perverted.

And what need do our people have for men and women who would practice perversion?

Yet the truth remains true that never have our people had greater need than today for great
lawyers, and for young men and women determined to be great lawyers.

Great lawyers–not brilliant lawyers. A scoundrel may be, and often is, brilliant; and the greater
the scoundrel, the more brilliant the lawyer. But only a good man can become a great lawyer:
for only a man who understands the weaknesses of men because he has conquered them in
himself; who has the courage to pursue his ideals though he knows them to be unattainable;
who tempers his conviction with respect for those of others because he realizes he may be
mistaken; who deals honorably and fairly with all, because to do otherwise would diminish him
as well as them–only such a man would so command respect that he could persuade and need
never resort to force. Only such a man could become a great lawyer. Otherwise, “what you are
speaks so loudly, cannot hear what you say.”

For men and women of this kind, our country will always have need–and now more than ever.
True, there is little that men of goodwill can do now to end the madness that holds our nation
in its grip. But we can,even now, scrutinize our past; try to pinpoint where we went wrong;
determine what led to this madness and what nurtured it; and how, when it ends, we can make
sure that it need never happen again.

For this madness must end–if not in my lifetime, at least in yours. We Filipinos are proverbially
patient, but we are also infinitely tough and ingeniously resourceful. Our entire history as a
people has been a quest for freedom and dignity; and we will not be denied our dreams.

So this madness will end; the rule of force will yield to the rule of law. Then the country will
need its great lawyers, its great engineers,its great economists and managers, the best of its

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men and women to clear the shambles and restore the foundations of that noble and truly
Filipino society for which our forefathers fought, bled and died.

So, there are two sides to the question of whether it is worth your while to study law; and, in the
end, it is a question that only you can answer.

Just be sure, that, whatever be your decision, it is truly yours, that it is truly what you want, not
a choice dictated by a sense of duty to follow in my footsteps.

To help you decide, I suggest that you read:

(a) The Attorney’s Oath, Form No, 28 appended to our Rules of Court; and the duties of an
attorney, Rule 138, sec. 20 of the Rules of Court, which you can ask from my office;
(b) “The Five Functions of a Lawyer” in Arthur T. Vandervilt’s “Cases and Materials on Modern
Procedure.”
(c) “The Chicago Lawyer’s Pledge” on p. 395, and “The Crafts of Law Re-valued” on pp. 316-322
of Karl Llewellyn’s “Jurisprudence.”
(d) “The Lawyer from Antiquity to Modern Times” by Roscoe Pound.
(e) “Men of Law” by William Seagle.

These should give you an idea of what a lawyer should be and what he has been in the past.
What he is in our country, you have an idea;

(f) Martin Mayer’s “The Lawyers”, tells you what he is in the United States; and
(g) Brian Abel-Smith’s “Lawyers and Courts”, what he is in England.

Read either and compare with our practice. And for a critique of lawyers, of courts, and even of
law, read,

(h) “Law against the People,” by Robert Lefcourt.

As you read, cultivate the habit I have never been able to school myself to do of taking notes of
your reading–not only of the gist of what the author says, or quotations of thoughts he
felicitously expresses, but also of your reactions to his work (where you agree or disagree or
suspend judgment, and why) and of the thoughts he arouses in you. File your notes in orderly
fashion. They will become invaluable to you as you mature.

After you have read enough to give you an idea of what a lawyer is and does, but before you
firmly commit yourself, one way or the other, discuss the matter with your wife and your friends,
always bearing these things in mind:

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– That the law is a demanding profession, exacting a constant and unswerving devotion that is
always a thinking obedience to its ideals, and that is much harder to give than blind obedience;

– That the rewards of the law as a profession are not in wealth or even in fame, but in the respect
of your peers, in the excitement of the chase after justice, and in the satisfaction not only of
service to your clients but of having somehow shaped the future by molding the law of today.

This has been a long letter on a short question–whether to study law–and is not an example to
be emulated should you decide in favor of law. My excuse is that time lies heavy on my hands in
these days of detention, and since we can talk only in snatches when you visit, I have written at
length in the hope of anticipating some of your questions.

You may suspect that, by stressing the difficulties of the law profession and by suggesting that
you read some eight books before making up your mind, I am trying to discourage you from
studying law. I am not. In a rather heavy-handed way, I am trying to paint the lawyer’s role as
accurately as I can and show you that, if you do decide to become a lawyer, you must prepare
yourself for a lifetime of study,reading, weighing and deciding, while at the same time acting
and doing. It sounds impossible–but every day it has been and is being done.

I have loved the law; and I have always been proud of being a lawyer. But I have never been
prouder than the day, five Sundays ago, that you told me that you wanted to study law.
Regardless of what you may finally decide, the fact that you even thought of becoming a lawyer,
despite my arrest and detention, allows me to hope that I have not failed as a lawyer and as a
father.

For that, son, thanks.

Your father,

PEPE

This was written in detention by Sen. Jose W. Diokno to his eldest son, Jose Ramon I. Diokno on
23 October 1972 almost one month after martial law was declared in the country.

Ka Pepe spoke of several things in his letter to Popoy that may prove valuable to your stay in
the college of law.

First, he tells his son that “there are two sides to the question of whether it is worth your while
to study law; and, in the end, it is a question that only you can answer. Just be sure, that,

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whatever be your decision, it is truly yours, that it is truly what you want, not a choice dictated
by a sense of duty to follow in my footsteps.” This is especially important for those of you, in this
room, who are here simply because you feel that it is your duty to continue a family tradition of
producing lawyers. The study of law is such an exacting discipline that coming into the College
half-heartedly will most certainly ensure that you will eventually leave the College without a
degree. As he reminds Popoy in another part of his letter, “the law is a demanding profession,
exacting a constant and unswerving devotion that is always a thinking obedience to its ideals,
and that is much harder to give than blind obedience.” You have made a decision to study law;
in order for you to succeed, you must ensure that it is a decision that is completely yours.
Anything less than that will mean that you may not gather enough resolve to slay Kingsfield
and will simply phone home to tell your parents that their son or daughter will not become a
lawyer.

Second, Ka Pepe tells us what kind of a person would make a great lawyer:

"A scoundrel may be, and often is, brilliant; and the greater the scoundrel, the more brilliant
the lawyer. But only a good man can become a great lawyer: for only a man who understands
the weaknesses of men because he has conquered them in himself; who has the courage to
pursue his ideals though he knows them to be unattainable; who tempers his conviction with
respect for those of others because he realizes he may be mistaken; who deals honorably and
fairly with all, because to do otherwise would diminish him as well as them–only such a man
would so command respect that he could persuade and need never resort to force. Only such a
man could become a great lawyer. Otherwise, 'what you are speaks so loudly, I cannot hear
what you say.'"

Now that you have made your decision to study law, you must know yourself. Know your
weaknesses and your strengths; work on your weaknesses as well as your strengths. Do not
forsake or abandon your other interests–your life is not and should not only be the college of
law (although, it will certainly feel like that)--read, dance, sing, watch movies, play Tekken,
work out, play a sport, climb a rock, join a rally, march to Mendiola, raise your fist in protest,
lift your hands in praise, join your hands in prayer. As in everything, there must be a balance in
our life. The challenge for you is to try to incorporate all of these things that are integral and
important to your life within your new chosen life as a law student. It is these traits and values
that you develop from all the varied fields of interest that make you a complete and multi-
dimensional person and will ensure that you become a great lawyer.

Third, Ka Pepe speaks of developing very good study habits and being organized. In his words,

"As you read, cultivate the habit . . .of taking notes of your reading–not only of the gist of what
the author says, or quotations of thoughts he felicitously expresses, but also of your reactions

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to his work (where you agree or disagree or suspend judgment, and why) and of the thoughts
he arouses in you. File your notes in orderly fashion. They will become invaluable to you as you
mature."

Indeed, those who have passed through the portals of the College of Law and those who are still
within its portals will tell you that the most important weapon you have in the College of Law
is not your raw intelligence (because you are all disputably presumed to have that in abundance
or you would not be here listening to me) but how you develop, hone, challenge and transform
that intelligence into a discipline of critical, analytical, logical, organized and coherent thought.
And without study habits–of any form–all your native intelligence will be for naught. Ka Pepe
presents you with a way of studying law which is healthy to cultivate: not only should you read,
with a view to reciting the cases or the law verbatim, but you should read with a view to
understanding and thinking about what you read.

It is in this context that Ka Pepe speaks of the study and the practice of law as being
“demanding”; and, indeed, the discipline is demanding. For it is not enough that you should
know the law and practice it well but that you should also know why the law is what it is, how
to question the law, if necessary, and to move for changes in the law to make the law what it
should be. Thus, your study of the law should not only be rote learning but critical learning. As
he reminded Popoy, “the law is a demanding profession, exacting a constant and unswerving
devotion that is always a thinking obedience to its ideals, and that is much harder to give than
blind obedience.” It takes courage to stand and remain as a majority of one and there will be
times when that is what the study of law will ask you to do–to maintain a critical and thinking
obedience to its ideals and challenge the law as it is written with the hope it may be transformed
into the law that it ought to be.

Finally, Ka Pepe speaks of the rewards of studying law : “the rewards of the law as a profession
are not in wealth or even in fame, but in the respect of your peers, in the excitement of the chase
after justice, and in the satisfaction not only of service to your clients but of having somehow
shaped the future by molding the law of today.” These are not only beautiful words and ideals
but are also stirring realities. And, if there is any inspiration that may be drawn from Ka Pepe’s
words, it is the knowledge that by studying law, and by studying law in the U.P. College of Law,
you will play a part in shaping the future by molding the law of today.

You have entered a public law school–one that is steeped in the highest traditions of excellence
in all fields of the law. The U.P. College of Law has produced the finest lawyers engaged in
advocacy for various interests, private and public. The College has also produced Presidents of
the Philippines (the first President of the Republic was also the President of the first law class;
the last President produced by the College was also the first dictator the country has officially
produced), Chief Justices (of course, the present Chief Justice is a U.P. graduate), Senate

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Presidents (the present Senate President is also a U.P. graduate), Speakers of the House; the
College has also produced scholars, academics and intellectuals who have contributed directly
to the country–for good or worse–through their research and writings; and finally, the College
has also produced lawyers for the People who have committed their life to working for the
rights of those among our people who are on the shorter end of the stick–the laborers, the urban
poor, the peasants and farmers, the indigenous peoples, the poor and defenseless accused; you
have but to look at a list of non-governmental organizations and people’s organizations
engaged in various advocacies to see a list of U.P. lawyers who have committed their lives to the
people.

With this tradition comes a great deal of responsibility. The responsibility is not only to live up
to the tradition but to surpass it. There is a saying oft-quoted by the Supreme Court, “the spring
cannot rise higher than its source.” I refuse to accept that when it comes to legal education. The
spring must rise higher than the source for it is only in doing so that we ensure that the
traditions of excellence are not only maintained but surpassed. I do not consider it a failing on
my part if my students become better than I; on the contrary, I consider it a source of great
fulfilment and unending inspiration that I have contributed to the shaping of the future by
molding the lawyers of today.

It was Ka Pepe’s letter–alternately an answer to his son’s question, treatise on the legal
profession, discourse on the national situation prevailing at that time, and a showcase of a
lifetime of insights on how to study law–that gave a young and idealistic activist, unsure of his
decision to pursue law, the first insight that law and activism, law and advocacy, law and social
change, law and a lifetime of meaningful service could co-exist. Fourteen years later, that
slightly older but still idealistic activist is now a lawyer actively engaged in human rights
practice and the teaching of law in what Holmes calls "the grand manner."

In the same manner that his letter challenged me, I would ask you, after hearing Ka Pepe’s letter
to Popoy, to ask yourself if you are the person he describes; ask yourself if you want to become
the lawyer he describes; ask yourself if you are capable of becoming the lawyer and the person
he describes.

If, after asking yourself all these, you decide that you are not the person he describes: Good luck
and Godspeed then, in whatever you may decide to do with your life.

But if, after reading his letter, you decide to continue with law school and bid to slay your own
Kingsfields, then, WELCOME TO THE U.P. COLLEGE OF LAW, MR./MS. HART !

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• Justice Pompeyo Diaz (1981), Passion for Justice, 27 Ateneo Law Journal 81 (1983)
at http://www.mostlawfirm.net/resources/insights/passion-for-justice/

Passion For Justice

By: Justice Pompeyo Diaz
We are not here to celebrate the successful ending of your course in the law. We are here to
send you on your way because from here, you will commence your profession in the law. We
hold these commencement exercises, therefore, to say good-bye to you and to wish you well
on your journey.

The closer a man approaches the sunset of his years, the more often his mind returns to the
remembrance of things past. For to every man, if he lives long enough, there comes a point
in life when he realizes, not without sadness, that there may no longer be time to climb new
mountains. And that is when dreams begin to yield to memories as if reliving the past can
somehow fill the void left by the flight of dreams.

It is more than fifty years since I sat where you sit now, an acolyte at the altar of the law. But
the lengthening shadows of life only make the recollection of it as fresh and clear as if it were
only yesterday.

I was given the privilege of addressing you one last time. I will do so, no longer as your
teacher, but as a friend. But let me take a vantage point from which I can speak with some
candor. As your own sun is rising in the east, mine has long since passed the point of high
noon, and in the gathering dusk, I see you within the perspective of time. There are
landmarks which I have beheld but which are still hidden from your view.

Some forty years ago, I took my oath of office as judge of the Court of First Instance for the
Province of Rizal in the chambers of a Justice of the Supreme Court. This was my first
appointment to the bench. You know I had several. It was an occasion for deep pride in my
family especially when the appointee was hardly thirty-five years of age and the Justice
administering the oath to him happened to be his own father.

After the oath-taking, my father took me in his own car and drove me to the courthouse in
Pasig. He led me into the building, up the stairs, to the second floor, and walked with me to
the door of the sala which would now be mine. He stood by the door and let me enter alone.
I did, and I went straight to my desk. There I saw a piece of paper upon which were written
in Latin, in my father’s own handwriting, those awesome words which must have shaken the
walls of the Senate of ancient Rome: Let Justice be done, though the heavens fall!

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In a lifetime devoted to the study of the law, these words still do not fail to stir up in me
emotions which should have long since been spent, memories which should have long since
been put to sleep, questions which should have long since been laid aside. What is the law?
What is the truth? What is justice?
What is justice? It is to render to each man what is his due. What is the truth? It is that which
you seek, and keep on seeking, so that you may render to each man what is his due. What is
the law? It is the instrument by which you discover that which you have been seeking so that
you may render to each man what is his due.

The answers seem such simple directives for everyone to follow. The reality, however, is
different. For the law may be twisted to hide the truth in the same way that the truth may be
distorted to ridicule justice. There are men in any society who are so self-serving that they
try to make the law serve their selfish ends. In this group of men, the most dangerous is the
man of the law who has no conscience. He has, in the arsenal of his knowledge, the very tools
with which he can poison and disrupt society and bring it to an ignoble end. Against such a
man, you must be fearless and indomitable, since to grant him victory is to deny yourselves
the sanctity your oath and the grandeur of your vision.

Such men I have met in my lifetime, both in the courtroom and outside it. Society’s declared
protection against such predators is the court of law before which all men are presumed to
stand equal, whether mighty or weak. The integrity of the court is the foundation upon which
a just society to established. Without this integrity, the vicissitudes of history will blow
society towards the treacherous reefs of destruction and suck it into the whirlpool of
oblivion.

A man of the law with a conscience on the other hand, is the means by which a nation fashions
for itself a just, orderly and civilized society, where the least of its citizens can stand in his
human dignity and where justice is the yardstick by which the citizen measures himself in
his relationship with others and with his God.

Yet, a man of the law should have more than just a conscience. Conscience, too, can be dulled
by exigencies in one’s life. He may just seek a livelihood from the law. Then no matter how
financially successful he becomes, and no matter how much expertise he acquires in the law
and its practice, he remains no more than a craftsman. He rises no higher than the humble
or mechanic from whom we expect nothing beyond an honest day’s work and an honest
charge for work performed, and to whom we would not dream of looking for leadership,
guidance, and inspiration. He reduces law to a trade and himself to a mere huckster of legal
skills.

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What a man of the law should possess is a passion for for the truth, a passion for justice. This
passion should be of such a magnitude as to give him the power to stand firm when those
around him seem to be going mad. It should be of such solidity as to grant him the strength
to stand alone when all else is turning into dust. It should be of such perseverance as to infuse
him with a loneliness that only those who have a vision can endure. It is a passion to keep
alive that eternal challenge that justice must be done whatever be the cost.

You are not only men of the law. You are men of vision. Underlying all that you have learned
here at the Ateneo the never ending theme of passion for the truth, of passion for justice.
Your vision is forged here, and that vision is what makes you unique among your peers. You
do not know yet what life has in store for you, but never sacrifice your vision on the altar of
expediency. For without this vision, you shall become hollow inside, you shall become men
without souls preying on the innocence and helplessness of your fellowmen. You shall
become the unscrupulous auctioneers of history whose honor is on the block, ready to go the
highest bidder.

On the other hand, if truly you remain faithful to your vision, then you are a boon to society.
You will give without favor upon your fellowmen, sifting through facts to arrive at the truth,
seeking truth to render justice. The mighty and the weak shall stand naked before you, for
they shall draw strength from your knowledge of the law and from your commitment to the
truth. Then and only then, shall justice truly prevail and upon this earth will shine a place of
heaven. For what is justice but an attribute of God Himself?

Walk firm, therefore, and walk with courage, upon this path you have chosen. Let your vision
guide you. The law is a noble profession, and it is professed by noble men. See to it that you
earn that nobility by acting as your fellowmen’s shield and protector against injustice and
oppression.
As future lawyers, you have your tasks cut out of you. You need have no fear that they will
prove too much for you if, in taking them up, you bear always in mind that doubt is the
beginning of wisdom, that humility is the grace of the wise, that compassion is the virtue of
the strong and above all that reason is the life of the law, and that the service of justice, which
is nothing more than the search for the truth, is one of man’s noblest achievements.

Farewell! May you always in your quest for a better world, walk in the shadow of Him who
gave you life and honor.

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• The Lawyer’s Oath - Read, understand, and memorize the Lawyer’s Oath. Commit it
to heart.

Lawyer's Oath
I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I will
support the Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion, with all good fidelity as well to
the courts as to my clients; and I impose upon myself these voluntary obligations without
any mental reservation or purpose of evasion. So help me God.

• The Code of Professional Responsibility • Rules of Court, Rule 138, Sec. 20 (Duties
of attorneys)

Section 20 of Rule 138 of the Rules of Court also enumerates the duties of a lawyer:
(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution
and obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and
such defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets
of his client, and to accept no compensation in connection with his client's business except
from him or with his knowledge and approval;

(f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;

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(g) Not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of
his personal opinion as to the guilt of the accused, to present every defense that the law
permits, to the end that no person may be deprived of life or liberty, but by due process of law.

Secondary

• UN Basic Principles on the Role of Lawyers: at

http://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfLawyers.aspx

Basic Principles on the Role of Lawyers

Adopted by the Eighth United Nations Congress on the Prevention of Crime and the
Treatment of Offenders, Havana, Cuba

27 August to 7 September 1990

Whereas in the Charter of the United Nations the peoples of the world affirm, inter alia , their
determination to establish conditions under which justice can be maintained, and proclaim
as one of their purposes the achievement of international cooperation in promoting and
encouraging respect for human rights and fundamental freedoms without distinction as to
race, sex, language or religion,

Whereas the Universal Declaration of Human Rights enshrines the principles of equality
before the law, the presumption of innocence, the right to a fair and public hearing by an
independent and impartial tribunal, and all the guarantees necessary for the defence of
everyone charged with a penal offence,

Whereas the International Covenant on Civil and Political Rights proclaims, in addition, the
right to be tried without undue delay and the right to a fair and public hearing by a
competent, independent and impartial tribunal established by law,

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Whereas the International Covenant on Economic, Social and Cultural Rights recalls the
obligation of States under the Charter to promote universal respect for, and observance of,
human rights and freedoms,

Whereas the Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment provides that a detained person shall be entitled to have the
assistance of, and to communicate and consult with, legal counsel,

Whereas the Standard Minimum Rules for the Treatment of Prisoners recommend, in
particular, that legal assistance and confidential communication with counsel should be
ensured to untried prisoners,

Whereas the Safeguards guaranteeing protection of those facing the death penalty reaffirm
the right of everyone suspected or charged with a crime for which capital punishment may
be imposed to adequate legal assistance at all stages of the proceedings, in accordance with
article 14 of the International Covenant on Civil and Political Rights,

Whereas the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of
Power recommends measures to be taken at the international and national levels to improve
access to justice and fair treatment, restitution, compensation and assistance for victims of
crime,

Whereas adequate protection of the human rights and fundamental freedoms to which all
persons are entitled, be they economic, social and cultural, or civil and political, requires that
all persons have effective access to legal services provided by an independent legal
profession,

Whereas professional associations of lawyers have a vital role to play in upholding

professional standards and ethics, protecting their members from persecution and improper
restrictions and infringements, providing legal services to all in need of them, and
cooperating with governmental and other institutions in furthering the ends of justice and
public interest,

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The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to
assist Member States in their task of promoting and ensuring the proper role of lawyers,
should be respected and taken into account by Governments within the framework of their
national legislation and practice and should be brought to the attention of lawyers as well as
other persons, such as judges, prosecutors, members of the executive and the legislature, and
the public in general. These principles shall also apply, as appropriate, to persons who
exercise the functions of lawyers without having the formal status of lawyers.

Access to lawyers and legal services

1. All persons are entitled to call upon the assistance of a lawyer of their choice to protect
and establish their rights and to defend them in all stages of criminal proceedings.

2. Governments shall ensure that efficient procedures and responsive mechanisms for
effective and equal access to lawyers are provided for all persons within their territory and
subject to their jurisdiction, without distinction of any kind, such as discrimination based on
race, colour, ethnic origin, sex, language, religion, political or other opinion, national or social
origin, property, birth, economic or other status.

3. Governments shall ensure the provision of sufficient funding and other resources for legal
services to the poor and, as necessary, to other disadvantaged persons. Professional
associations of lawyers shall cooperate in the organization and provision of services,
facilities and other resources.

4. Governments and professional associations of lawyers shall promote programmes to

inform the public about their rights and duties under the law and the important role of
lawyers in protecting their fundamental freedoms. Special attention should be given to
assisting the poor and other disadvantaged persons so as to enable them to assert their rights
and where necessary call upon the assistance of lawyers.

Special safeguards in criminal justice matters

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5. Governments shall ensure that all persons are immediately informed by the competent
authority of their right to be assisted by a lawyer of their own choice upon arrest or detention
or when charged with a criminal offence.

6. Any such persons who do not have a lawyer shall, in all cases in which the interests of
justice so require, be entitled to have a lawyer of experience and competence commensurate
with the nature of the offence assigned to them in order to provide effective legal assistance,
without payment by them if they lack sufficient means to pay for such services.

7. Governments shall further ensure that all persons arrested or detained, with or without
criminal charge, shall have prompt access to a lawyer, and in any case not later than forty-
eight hours from the time of arrest or detention.

8. All arrested, detained or imprisoned persons shall be provided with adequate

opportunities, time and facilities to be visited by and to communicate and consult with a
lawyer, without delay, interception or censorship and in full confidentiality. Such
consultations may be within sight, but not within the hearing, of law enforcement officials.

Qualifications and training

9. Governments, professional associations of lawyers and educational institutions shall

ensure that lawyers have appropriate education and training and be made aware of the
ideals and ethical duties of the lawyer and of human rights and fundamental freedoms
recognized by national and international law.

10. Governments, professional associations of lawyers and educational institutions shall

ensure that there is no discrimination against a person with respect to entry into or
continued practice within the legal profession on the grounds of race, colour, sex, ethnic
origin, religion, political or other opinion, national or social origin, property, birth, economic
or other status, except that a requirement, that a lawyer must be a national of the country
concerned, shall not be considered discriminatory.

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11. In countries where there exist groups, communities or regions whose needs for legal
services are not met, particularly where such groups have distinct cultures, traditions or
languages or have been the victims of past discrimination, Governments, professional
associations of lawyers and educational institutions should take special measures to provide
opportunities for candidates from these groups to enter the legal profession and should
ensure that they receive training appropriate to the needs of their groups.

Duties and responsibilities

12. Lawyers shall at all times maintain the honour and dignity of their profession as essential
agents of the administration of justice.

13. The duties of lawyers towards their clients shall include:

(a) Advising clients as to their legal rights and obligations, and as to the working of the legal
system in so far as it is relevant to the legal rights and obligations of the clients;

(b) Assisting clients in every appropriate way, and taking legal action to protect their
interests;

(c) Assisting clients before courts, tribunals or administrative authorities, where

appropriate.

14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice,
shall seek to uphold human rights and fundamental freedoms recognized by national and
international law and shall at all times act freely and diligently in accordance with the law
and recognized standards and ethics of the legal profession.

15. Lawyers shall always loyally respect the interests of their clients.

Guarantees for the functioning of lawyers

16. Governments shall ensure that lawyers (a) are able to perform all of their professional
functions without intimidation, hindrance, harassment or improper interference; (b) are
able to travel and to consult with their clients freely both within their own country and

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abroad; and (c) shall not suffer, or be threatened with, prosecution or administrative,
economic or other sanctions for any action taken in accordance with recognized professional
duties, standards and ethics.

17. Where the security of lawyers is threatened as a result of discharging their functions,
they shall be adequately safeguarded by the authorities.

18. Lawyers shall not be identified with their clients or their clients' causes as a result of
discharging their functions.

19. No court or administrative authority before whom the right to counsel is recognized shall
refuse to recognize the right of a lawyer to appear before it for his or her client unless that
lawyer has been disqualified in accordance with national law and practice and in conformity
with these principles.

20. Lawyers shall enjoy civil and penal immunity for relevant statements made in good faith
in written or oral pleadings or in their professional appearances before a court, tribunal or
other legal or administrative authority.

21. It is the duty of the competent authorities to ensure lawyers access to appropriate
information, files and documents in their possession or control in sufficient time to enable
lawyers to provide effective legal assistance to their clients. Such access should be provided
at the earliest appropriate time.

22. Governments shall recognize and respect that all communications and consultations
between lawyers and their clients within their professional relationship are confidential.

Freedom of expression and association

23. Lawyers like other citizens are entitled to freedom of expression, belief, association and
assembly. In particular, they shall have the right to take part in public discussion of matters
concerning the law, the administration of justice and the promotion and protection of human
rights and to join or form local, national or international organizations and attend their
meetings, without suffering professional restrictions by reason of their lawful action or their

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membership in a lawful organization. In exercising these rights, lawyers shall always conduct
themselves in accordance with the law and the recognized standards and ethics of the legal
profession.

Professional associations of lawyers

24. Lawyers shall be entitled to form and join self-governing professional associations to
represent their interests, promote their continuing education and training and protect their
professional integrity. The executive body of the professional associations shall be elected
by its members and shall exercise its functions without external interference.

25. Professional associations of lawyers shall cooperate with Governments to ensure that
everyone has effective and equal access to legal services and that lawyers are able, without
improper interference, to counsel and assist their clients in accordance with the law and
recognized professional standards and ethics.

Disciplinary proceedings

26. Codes of professional conduct for lawyers shall be established by the legal profession
through its appropriate organs, or by legislation, in accordance with national law and custom
and recognized international standards and norms.

27. Charges or complaints made against lawyers in their professional capacity shall be
processed expeditiously and fairly under appropriate procedures. Lawyers shall have the
right to a fair hearing, including the right to be assisted by a lawyer of their choice.

28. Disciplinary proceedings against lawyers shall be brought before an impartial

disciplinary committee established by the legal profession, before an independent statutory
authority, or before a court, and shall be subject to an independent judicial review.

29. All disciplinary proceedings shall be determined in accordance with the code of
professional conduct and other recognized standards and ethics of the legal profession and
in the light of these principles.

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