of Counsel
CANON 19 A lawyer shall
represent his client with
zeal within the bounds of
the law.
Rule 19.01
A lawyer shall employ only fair
and honest means to attain the
lawful objectives of his client and
shall not present, participate in
presenting or threaten to present
unfounded criminal charges to
obtain an improper advantage in
any case or proceeding.
Rule 19.02
A lawyer who has received
information that his client has, in
the course of the representation,
perpetuated a fraud upon a person
or tribunal, shall promptly call upon
the client to rectify the same, and
failing which he has to terminate
the relationship with such client in
accordance with the Rules of Court.
Problems:
1.
Cont.
2. You are counsel for Mr. Ayala in a
probate proceedings where you
presented a will which was
admitted to probate. After the
termination of the case, you found
out that there was forgery in will.
What would you do under the
circumstances?
Rule 19.01
A lawyer who has received
information that his client has, in
the course of the representation,
perpetuated a fraud upon a person
or tribunal, shall promptly call upon
the client to rectify the same, and
failing which he has to terminate
the relationship with such client in
accordance with the Rules of Court.
Note:
Rule 19.03
A lawyer shall not
allow his client to
dictate the procedure
in handling the case.
Cont...
It was only because of the plea for
compassion in petitioners Motion for
Reconsideration that the CA granted him
another 30 days in order to secure the
services of another lawyer. Again,
petitioner failed to comply. Both he and the
new counsel, Atty. Barrientos, also failed to
comply with the second Show Cause
Order...
Cont...
In his Petition, Lagua bewails the
negligence and mishandling by his two previous
counsels as the reason for the delay, which has
lasted for more than two years. However, it is
clear from the facts that despite the liberality
and consideration afforded to him by the CA, he
is by no means blameless. More importantly, his
excuse cannot serve as a substitute for the
jurisdictional requirements under Rule 65. It
does not amount to any grave abuse of
discretion tantamount to lack or excess of
discretion that may be attributable to the
appellate court...
Note:
Nothing is more settled than the rule
that the negligence and mistakes of
counsel are binding on the client.
Otherwise, there would never be an end to
a suit, so long as counsel could allege its
own fault or negligence to support the
clients case and obtain remedies and
reliefs already lost by the operation of law.
However
Liability on the part of the
lawyer arises only when his
error or misconduct in the
discharge of his duties is so
gross and deprives the
client of due process.
Cont...
Even so, there must be a clear and
convincing showing that the client was
so maliciously deprived of information
that he or she could not have acted to
protect his or her interests. The error
of counsel must have been both
palpable yet maliciously exercised
that it should viably be the basis for
disciplinary action.
Another rule
Also
Negative pregnant is
improper since it is an
ambiguous pleading
(improper if in bad faith and
the purpose is to confuse
the other party)
Note:
In defense: a lawyer
should present
every defense the
law permits
Liabilities of Lawyers
CIVIL
CRIMINAL
ADMINISTRATIVE
Civil Liability
a. Client is prejudiced by
lawyer's negligence or
misconduct
b. Breach of fiduciary
obligation
c. Civil liability to third persons
d.
Criminal Liability
Contempt of Court
Kinds of Contempt:
Civil - failure to do
something ordered by the
court which is for the benefit
of a party.
Criminal - any conduct
directed against the
authority or dignity of the
court.
Misbehavior
Disobedience
Publication concerning pending litigation
Publication tending to degrade the court;
disrespectful language in pleadings
Misleading the court or obstructing
justice
Unauthorized practice of law
Belligerent attitude
Unlawful retention of client's funds
RULE 71
CONTEMPT
Section 1. Direct contempt punished summarily.
Cont
In all other cases, charges for indirect
contempt shall be commenced by a verified
petition with supporting particulars and
certified true copies of documents or
papers involved therein, and upon full
compliance with the requirements for filing
initiatory pleadings for civil actions in the
court concerned. If the contempt charges
arose out of or are related to a principal
action pending in the court, the petition for
contempt shall allege that fact but said
petition shall be docketed, heard and
decided separately, unless the court in its
discretion orders the consolidation of the
contempt charge and the principal action
for joint hearing and decision.
liar
perjurer
blasphemer
crafted in order to fool the
winning party
hypocritical judgment in
plaintiffs favor
you could have sworn it was the
devil who dictated it
robber
manipulator
cross-eyed
Problems:
1. A pastor, frustrated with the legal system,
called for a press conference and claimed that
the judiciary is evil. Is he liable for any civil or
criminal liability?
2. A practicing lawyer, disgusted with the result
of his cases, called for a press conference and
claimed that the judiciary is evil. Is he liable
for any civil, criminal or administrative liability?
3. If your answers to 1 and 2 are the same,
state the reasons for the similarity. If different,
state the rationale for the difference.
Review:
ADMINISTRATIVE
LIABILITIES OF
LAWYERS
Characteristics of Disbarment
Proceedings:
deceit;
malpractice or other gross misconduct in office;
grossly immoral conduct;
conviction of a crime involving moral turpitude;
violation of oath of office;
willful disobedience of any lawful order of a
superior court;
corrupt or willful appearance as attorney for a
party to case without authority to do so (Sec.
27, Rule 138, RRC)
Quantum of Proof
Required:
CLEAR, CONVINCING
& SATISFACTORY
evidence
Burden of Proof:
Rests on the
COMPLAINANT, the one
who instituted the suit
Supreme Court
IBP through its Commission on
Bar Discipline or authorized
investigator
Office of the Solicitor General
Assignment: