ISSUES ON LEGAL AND JUDICIAL ETHICS
UNIVERSITY OF SANTO TOMAS GRADUATE SCHOOL
I.With all the laws on Legal and Judicial Ethics, and all the seminars, conferences, symposia conducted for lawyers and judges, why are there violations of these Circulars, Memoranda, Canons and Ethics. Discuss exhaustively.
Lawyers violate laws on Legal and Judicial Ethics for various reasons. However, there are two principal reasons to do so.
Firstly, this is in accordance with the law of nature, that is, the fulfilment of the basic needs in life in order to survive. When a lawyer has nothing to eat for himself and for his family, he will do things that is contrary to morals, honesty and good customs. There are lawyers who engage in barratry and ambulance chasing to earn for a living. This is a clear violation of Rule 1.03 of our Code of Professional Responsibility, to quote, “A lawyer shall not, for any corrupt motive or interest , encourage any suit or proceeding or delay any man’s cause.” To these classes of lawyers belong, to name a few, those lawyers who foment false and baseless litigations that clogged the court’s dockets (See Banogon vs. Zerna 154 SCRA 593); those lawyers who delay the cases for corrupt motive (see Jesalva vs. Bautista 105 PHIL 348); those lawyers who misappropriated a client’s funds (Co vs. Bernardino 285 SCRA 102; Resurrecion vs. Sayson Administrative Case No. 1037, December 14, 1998); those lawyers who issued a bouncing checks (People vs. Tuanda 181 SCRA 692); or those lawyers who improperly solicited clients and advertise the profession like a business not as a vocation (Director of Religious Affairs vs. Bayot 74 PHIL 579). It is worthy to note that a more difficult economic life results to an easier violation of the laws on Legal and Judicial ethics. The poor lawyers resort to evil, if not deceitful, ways and means to extract money from the clients. The average...