The Lawyer and the Courts

Code of Professional Responsibility

Chapter 3

Recap

The Lawyer and the Society

• Good Moral Character

• Advertisement and Solicitation of Cases

• Extinguishment of Client-Lawyer Relationship

• Refusal: When it allowed

The Lawyer and the Legal Profession

• Adverse-Interest Conflicts and Congruent-Interest Conflicts

• Suppression or making False Statement in the Application for Admission

• Strong Language

• Delegation to an Unqualified person

CONCEPTUAL FRAMEWORK OF CHAPTER 3

Truth (Veritas)

Respect (Respectus/Reverenti

a)

Propriety (Proprieta

s)

What it is Behavioral Aspects What it is NOT Case

1. Generally2. Quoting

3. Rules of Proc.Falsity

Insular Life

1. Attire2. Punctuality3. Language

4. Attributing to Judges5. Grievance

Disrespect•Zaldivar

•Montecillo•In re:

Almacen

1. Prep2. Multiple Actions

3. Extensions4. Delay

5. Talking to Witness6. Testifying in Court

Injustice

Casals

1. Attention/Hospitality?Familiarity

2. Interference thru GovtAgencies

Impropriety

Why be Truthful, Respectful and observe Propriety? Justice (proximate end)

and to Truth (ultimate end)

Just

ice

(Iu

stit

ia)

Behavioral Aspects

What it is NOT

Case

Truth Falsity

-Generally

-Quoting

-Rules of Procedure

Insular

What it is What it is NOTBehavioral Aspect Case

TRUTH

The Insular Life Assurance Co. Employees Association vs. Insular Life Assurance Co.

Facts Decision:

Respect Zaldivar

What it is Case

RESPECT

Zaldivar vs. Gonzales

Facts Decision:

Respect Disrespect

Attire

Punctuality

Language

Attributing to Judges

Grievance

- Zaldivar

- Montecillo

- In re: Almacen

What it is What it is NOTBehavioral Aspect Case

RESPECT

Montecillo vs. Gica

Facts Decision:

Constructive

Timely Correct the mistake

To attain true justice

Within the bounds of decency and propriety

Destructive

Manner: Arrogantly presented

Intent: to mock/ridicule

Tone: Abusive/Offensive language

Criticism is an adverse analysis of an order, judgment or judicial

act of a magistrate with the aim of preventing or avoiding an incipient injustice which may arise from the pernicious effects of the mistake,

error or irregularity committed

In Re: Almacen

Facts Decision:

Justice Injustice

Preparation

Multiple Actions

Extensions

Delay

Talking to Witness

Testifying in Court

Casals vs. Cusi

What it is What it is NOTBehavioral Aspect Case

JUSTICE

Casals vs. Cusi

Facts Decision:

JUSTICE

TRUTH

RESPECT

PROPRIETY