constitution,obey the

Chapter 1- The Lawyer and Society

laws of the land,and promote respect for law
and legal processes.
RULE 1.01- A lawyer shall not engage in
unlawful,dishonest,immoral or deceitful
conduct.
RULE1.02.A lawyer shall not counsel or abet
activities aimed at defeiance of the law or at
lessening confidence in the legal system.
RULE1.03.A lawyer shall not,for any corrupt
motive or interest,encourage any suit or
proceeding or delay any man’s cause.
RULE1.04.A lawyer shall encourage his client to
avoid,end or settle a controversy if it wii admit
of a fair settlement.

A lawyer shall uphold the constitution,obey the laws of the

land,and promote respect for law and legal processes.
Lawyer’s Primary Duty to Society or
State;Attorney’s oath-It is the primary lawyer’s duty to
society or state to uphold the constitution,obey the laws of the
land and promote respect for law and legal processes.

Delay no man for money or malice-The lawyers oath

imposes upon every lawyer the duty to delay no man for
money or malice.Lawyers will be disciplined for disobeying
legal orders or processes of courts.-Lawyers must not only
uphold and obey the constitution and the laws but also legal
orders or processes of courts.
All lawyers are expected to recognize the authority of the
supreme court and to obey its lawful processes and orders
and if he has not taken this to heart,he is unfit to engage in
the practice of law.

Significance of lawyer’s oath-By swearing the lawyer’s oath,an

attorney becomes a guardian of truth and the rule of law,and
an indispensable instrument in the fair and impartial
administration of justice.

- A lawyer shall not engage in

unlawful,dishonest,immoral or deceitful
conduct.
Lawyers must constantly be of good moral
character.-a lawyer should not engage or participate in any
unlawful,dishonest,immoral or deceitful conduct.the moral
character he displayed when he applied for admission to the
bar must be maintained incessantly.

Unlawful acts or violation of laws-a lawyer is bound

to uphold the constitution and obey the laws of the land.He
can be disciplined for violating the laws of the country.the
lawyer is supposed to be a model in the community in so far
as respect to the law is concerned.

Conviction for crimes involving moral turpitude-A

number of lawyers have been suspended or disbarred for
conviction of crimes involving moral turpitude such as
estafa,bribery,murder,bigamy,seduction,abduction,concub,co
ncuninage,smuggling,falsification of public document.

Honesty,the lawyer’s best virtue-honesty is essential

for every lawyer to retain his standing as a member of the bar.

Concept of morality- quality of a human act whereby its

measures up to what it should be as a step towards the
objective last end of human action,or fails so to measure up.

Morality as understood in law-human standard based

on the natural law which is embedded in man’s conscience
and which guides him to do good and avoid evil.

Instances of gross Immorality

  Abandonment of wife and cohabiting with another
woman.
 Bigamy perpetrated by the lawyer.Disqualified from
admission to the bar.
 A lawyer who had carnal knowledge with a woman
through a promise of marriage which he did not fulfill.
 Seduction of a woman who is the niece of a woman with
whom the respondent lawyer had adulterous relations.
 Lawyer arranging the marriage of his sonto a woman with
whom the lawyer had illicit relations.After the marriage of
athe woman to the respondents son,he continued his
relations with her.
 Lawyer inveigling a woman into believing that they had
been married civilly to satisfy his carnal desires.
 Lawyer taking advantage of his position as chairman of
the college of medicine and asked a lady student to go
with him in manila where he had carnal knowledge of her
under threat that if she refused,she would flunk in all her
subjects.
 Concubinage coupled with failure to support illegitimate
children.
 Maintaining adulterous relationship with a married
woman
 Delivering bribe money to a judge on request of clients.
 Seducing a woman thru promise of marriage by a
.A lawyer shall not counsel or abet activities aimed at
defeiance of the law or at lessening confidence in the
legal system.
Defiance of the law not to be abetted, nor
acts lessening confidence in the legal system-
A lawyer should not render any service or advice to any
client-no matter how powerful or important is the cause.it
will involve disloyalty to the laws.
What lawyers should do to advance the honor
of his profession-when he renders service or gives
advice tending to impress upon the client and his
undertaking exact compliance with the strictest principles
of moral law.
Duty to be performed within the law-the client is
entitled to the benefit of any and every remedy and
defense that is authorized by the law of the land,he may
expect his lawyer to assert every such remedy or
defence.he had sworn to uphold the constitution and
obey the laws and the legal orders of duly constituted
authorities.

Preparation of a document contrary to law

and morals is malpractice-a lawyer who advised
his client that after 7 years of separation from his
spouse,he could remarry and in the process prepared a
document declaring the spouses to be single again and
 could contract subsequent marriages,and after the
spouses signed it,notarized it,is guilty of malpractice.
Acts which corrode confidence in the legal
system-all acts of lawyers which are
unlawful,dishonest,immoral or deceitful corrode public
confidence in the legal system.Lawyers must always
conduct themselves in accord with the immutable tenets
embodied in the lawyer’s oath and the rules of legal
ethics.

A lawyer shall not,for any corrupt motive or

interest,encourage any suit or proceeding or
delay any man’s cause
the court and to society not to stir up litigations.while the act
is not a crime.

Barratry and ambulance chasing,prohibited,meaning-

the offense of frequently exciting and stirring up quarrels and
suits,either at law or otherwise it is a lawyer’s act of fomenting
suits among individuals and offering his legal services to one of
them for monetary motives or purposes.

Evils spawned by ambulance chasing-a.)fomenting of

litigation with resulting burdens on the courts and the
public.b.)subornation of perjury.c)mulcting of innocent persons by
judgements upon manufactured causes of actions.d)defrauding
of injured persons having proper causes of action but ignorant of
legal rights and court procedure by means of contracts which
retain exorbitant percentages of recovery.
Volunteer legal advice to bring lawsuit ,unethical;exception-
It is unprofessional for a lawyer to volunteer advice to bring a
lawsuit.

Tempering client’s propensity to litigate-it is the

lawyer’s duty to resist the whims and caprices of his client and to
temper his clients propensity to litigate.

Lawyer should not be an instigator of controversy-it is

the duty of a lawyer in his exalted position as an officer of the
court not to be an instigator of any controversy.

Delaying any man’s cause for corruptmotive,condemned-

duties of the lawyer not to encourage either the commencement
or the continuance of an action or proceeding

Significance of an attorney’s signature on a pleading-

Not interposed for delay.a lawyer must always be reminded of the

consequences of his signature in a pleading as explicitly.

A lawyer shall encourage his client to avoid,end or settle a controversy

if it wii admit of a fair settlement.

Nature of compromise-a party must give up some of the rights

that he has ,in consideration of the same act on the part of the other
side.
Settlement of cases authorized and encouraged-it is
express provision of law. The law does not limit compromise to cases
about to be filed or cases already pending in courts.

Lawyer must encourage fair settlement-a compromise is as

often the better part of justice as prudence is the part of valor and a
lawyer.

Attorney’s fees not ground for disapproval-the rights of

lawyers to the fees due them for services in a litigation cannot have a
higher standing than the rightsof the clients or the parties themselves.

A lawyer cannot compromise case without client’s

consent,exception-a lawyer cannot,without special
authority,compromise his client’s litigation or receive anything in
discharge of the client’s claim but the full amount in cash.

New Era University

College of Business education and administration
New Era Lyn F. Hipolito
2Legal Management