The Practice, a legal drama which premiered on March 4, 1997 is about

young associates at a Boston firm with their boss, Bobby Donnel. The shows
forte is its storylines about people who walk a moral tightrope. 1 Every
episode provides a different challenging case where the lawyers are tested
as to their mental, physical and moral capacity. In a particular episode, The
Honor Code, Bobby, Eugene and Jimmy work with an insurance company to
settle the claim of a 10-year-old accident victim. 2 Complications in a
personal-injury suit unsettle Jimmy, whose emotional reaction prompts a
disbarment hearing presided over by the uncompromising Judge Hiller.3

This paper respectfully submits that Jimmy Berluti violated the

following canons under the Code of Professional Responsibility, to wit:

a) Canon 11 of the Code of Professional Responsibility

b) Canon 15, Rule 15.02 of the Code of Professional Responsibility
c) Canon 17 of the Code of Professional Responsibility

Considered as the teddy bear of the firm and always the underdog,
Jimmy is the only lawyer at the firm who isnt a partner. Although Jimmys not
the best lawyer because of his lack of experience, he is better than when he
first joined the firm. Also, Jimmys the lawyer with the biggest heart and
sometimes this quality conflicts with his conduct as an agent of the law. In
the present case, Jimmy is one of the counsels who represents the insurance
company and is tasked to deliver the closing argument. However, he came
across of the information from the VP of medical affairs of the insurance
company that the victim in this particular case was suffering aneurism and if
left untreated could lead to the boys death. Jimmy having a soft heart was
overcome with this dilemma. Will he protect his clients interest for this
would result to a multimillion dollar suit? Or save the boys life? At the end,
he decided not to let an innocent boy die and informed the parents who then
rushed the kid to the hospital which then saved the boys life.

In the course of event, Jimmy violated the following

1 The Practice, <http://www.tvguide.com/tvshows/the-practice/100510/>

2 List of The Practice Episodes <

https://en.wikipedia.org/wiki/List_of_The_Practice_episodes#Season_6:_2001.E2.80.
932002>

3
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY
IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.02 - A lawyer shall be bound by the rule on privilege

communication in respect of matters disclosed to him by a prospective
client.

This was violated when Jimmy disclosed the information about the kids aneurism
whom he had acquired being as a counsel of the insurance company.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND
HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.

This was violated by Jimmy Berluti, a counsel of the defendant when he disclosed
to the parents, the claimant of the case, the information about the boy having
aneurism which he knew from being a counsel of the company. In this situation,
Jimmy broke the trust and confidence his clients has on him who expects him to
exert all efforts for the protection of its interest until the conclusion of the case.

Every case a lawyer accepts deserves his full attention, diligence, skill and
competence, regardless of its importance or whether he accepts for a fee or free.
By agreeing to be someones counsel, he represents that he will exercise
ordinary diligence or that reasonable degree of care and skill demanded of the
business he undertakes to do, to protect the clients interests and take all steps
or do all acts necessary thereof 4. Furthermore, a client is entitled to the benefit
of any and every remedy and defense authorized by law, and is expected to rely
on the lawyer to assert every such remedy or defense. 5

As an aftermath of the act of Jimmy, he was summoned for his own disbarment
hearing when one of the lawyers of the firm reported him to the board. During the
hearing, he violated Canon 11 of the CPR.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE

TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON
SIMILAR CONDUCT BY OTHERS.

This was violated when during the hearing, Jimmy was passionate and adamant
that even though he violated the code of ethics it was anchored on the principle
of morality thus just and if ever he was in the same situation, he would do
exactly the same thing. Although his intention was clear and just, he did it in
disrespectful way when he raised his voice while talking to one of the Judges.

4 Uy v. Tansinsin, A.C. No. 8252 (Resolution), [July 21, 2009]

5 Spouses Garcia v. Bala, A.C. No. 5039, [November 25, 2005]

 A lawyers language should be forceful but dignified, emphatic but respectful as
befitting an advocate and in keeping with the dignity of the legal profession. 6
Lawyers may use strong language to drive home a point; they have a right to be
in pursuing a clients cause. However, the use of abusive language by counsel
against the opposing counsel constitutes at the same time disrespect to the
dignity of the court justice. 7

6 Surigao Mineral Reservation Board v. Cloribel, G.R. No. L-27072 (Resolution),

[January 9, 1970]

7 Phil. British Co., Inc. v. de los Angeles, G.R. No. L-33720-21, [March 10, 1975]