LEGAL AND JUDICIAL ETHICS AND PRACTICAL EXERCISES

I
State the duties of a lawyer imposed by the Lawyer's Oath.

The following are the duties of a lawyer imposed by the lawyer's oath:

1. To maintain allegiance to the Republic of the Philippines,

2. To support its Constitution
3. To obey the laws as well as the legal orders of the duly constituted authorities,
4. To do no falsehood nor consent to the doing of the same in any court,
5. Not to wittingly or willingly promote or sue any groundless, false or unlawful suit, nor to give nor
to consent to the doing of the same;
6. To delay no man for money or malice,
7. To conduct himself as a lawyer according to the best of his knowledge and discretion, with all
good fidelity to the courts as to his clients,
8. To impose upon himself that voluntary obligation without any mental reservation or purpose of
evasion.

II
Define the following terms:
(a) counsel de oficio
(b) counsel de parte
(c) amicus curiae
(d) attorney of record

a. Counsel de oficio: a counsel, appointed or assigned by the court, from among such members of the
bar in good standing who, by reason of their experience and ability may adequately defend the accused.
The person need not be a member of the bar if no lawyer is available in a given locality. (Sec. 7, Rule
116, Rules of Court)A counsel de oficio is appointed to defend an indigent in a criminal action (Sections
3, 4, and 5,Rule 116; Sec. 32, Rule 138); or to represent a destitute party in a case (Sec.31, Rule 138).

b. Counsel de parte: a lawyer retained by a party litigant, usually, for a fee, to prosecute or defend his
cause in court. The term implies freedom of choice either on the part of the lawyer to accept the
employment or on the part of the litigant to continue or terminate the retainer at anytime.

c. Amicus Curiae: a friend of the court. A person with strong interest in or views on the subject matter of
the action. One who is considered as an experience and impartial attorney to help in the disposition of
issues submitted to the Court. (Sec. 36, Rule 138)

d. Attorney of Record: a member of the bar appointed by a client to represent in cause of a court and
upon whom service of papers may be made.

III

In open court, accused Marla manifested that she had already settled in full the civil aspect of
the criminal case filed against her in the total amount of P58,000.00. Marla further alleged
that she paid directly to private complainant Jasmine the amount of P25,000.00. The balance
 of P33,000.00 was delivered to Atty. Jeremiah, Jasmine’s lawyer, evidenced by a receipt
signed by Atty. Jeremiah himself.

However, Jasmine manifested that she did not receive the amount of P33,000.00 which Marla
turned over to Atty. Jeremiah. Despite Jasmine’s requests to turn over the money, Atty.
Jeremiah failed to do so. It was only after Jasmine already filed an administrative complaint
againstAtty. Jeremiah that the latter finally paid the P33,000.00 to the former, but in three ins
tallmentpayments of P11,000.00 each. Atty. Jeremiah claimed that he decided to hold on to
the P33,000.00 at first because Jasmine had not yet paid his attorney’s fees.

Yes. Atty. Jeremiah is administratively liable. Canon 16 of the Lawyer’s Code of Professional
Responsibility provides: “A lawyer shall hold in trust all moneys and properties of his client that may
come into his profession.” Money collected by a lawyer in pursuance of a judgment in favorof his clients
is held in trust and must be immediately turned over to them (Aya v. Bigornia, 57Phil. 8). Belated
payment of the amount he fraudulently obtained do not relieve him from any liability if only to impress
upon him that the relation between an attorney and his client is highly fiduciary in its nature and of a
very delicate, exacting and confidential character, requiring high degree of fidelity and good faith. In
view of that special relationship, lawyers are bound to promptly account for money or property received
by them on behalf of their clients and failure to do so constitutes professional misconduct. (Daroy v.
Legaspi, 65 SCRA 304)

IV

What do you understand by Legal Ethics? Discuss its importance and state its sources.

Legal ethics is that branch of science which treats of the duties that an attorney owes to the court, to his
client, to his colleagues, in the profession, and to society.

The sources of legal ethics are the Constitution, the Rules of Court, some particular provisions of
statutes, the Code of Professional Responsibility and Judicial decisions.

Legal ethics is important in order to maintain a high moral standard for the lawyer in performing his
duties as an officer of the court, his duties to his client, to the members of the legal profession as well as
to society. Lawyers wield so much power and influence in society. Unless their acts are regulated by high
norms of ethical conduct they are likely to abuse them.

Cite some of the characteristics of the legal profession which distinguish it from business.

The primary characteristics which distinguish the legal profession from a business are:

1. a duty of public service of which emolument is a by-product and in which one may attain the
highest eminence without making much money;
2. a relation as officer of the court to the administrator of justice involving thorough sincerity,
integrity and reliability;
3. a relation to client in the highest degree fiduciary;
4. a relation to colleagues characterized by candor, fairness and unwillingness to ressort to current
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