The lawyer should assist in the administration of justice and must act with independence, propriety, fidelity, competence, diligence, equality, and accountability
A lawyer is expected to discharge his or her professional duties “without any improper influence, restriction, pressure, or interference, direct or indirect.”
This ensures effective legal representation by the lawyer which is imperative in the rule of law (see Canon I, Code of Professional Responsibility and Accountability [CPRA]).
In the performance of legal services, a lawyer “shall maintain independence, act with integrity, and at all times ensure the efficient and effective delivery of justice” (Section 1, Canon I).
“[He or she] shall not… be influenced by dishonest or immoral considerations, external influences, or pressure” (Section 3, Canon I).
The independence of the lawyer includes freedom from the dictates of a client on the procedure by which the lawyer will handle a case.
However, “a lawyer shall respect the client’s decision to settle or compromise the case after explaining its consequences to the client” (Section 5, Canon I).
More than two decades ago, I had a client who tried to persuade me to present a lawyer/newspaper columnist as a witness in the trial court to testify on the subject of contractual breach.
The client strongly believed that the lawyer/newspaper columnist was an expert in the field of Obligations and Contracts.
I explained to the client that the opinion of a witness is allowed only on matters requiring special knowledge, skill, experience, training or education which he or she is shown to possess (see Section 52, Rule 130).
Although matters of law require special knowledge, education, and training, the courts are expected to know the law.
I also explained to the client that only the Supreme Court can invite an experienced and impartial attorney or amicus curiae “to help in the disposition of issues submitted to it” (see Section 36, Rule 138, Rules of Court).
Under the CPRA, a lawyer invited shall not decline “a request by any court, tribunal, or other government agency to act as amicus curiae” without just cause (see Section 23, Canon III).
Moreover, “[a] lawyer shall observe propriety in all dealings with officers and personnel of any court, tribunal, or other government agency, whether personal or professional. Familiarity with such officers and personnel that will give rise to an appearance of impropriety, influence, or favor shall be avoided” (Section 15, Canon II).
“A lawyer shall not make claims of power, influence, or relationship with any officer of a court, tribunal, or other government agency” (Section 15, Canon II).
He or she “shall rely solely on the merits of a cause and not… give the appearance of any influence on, nor undermine the authority of, the court…, or its proceedings” (Section 2, Canon I).
In advocating a client’s cause, a lawyer shall not “be influenced by dishonest or immoral considerations, external influences, or pressure” (Section 3, Canon I).
“Unless authorized by law or a court, a lawyer shall not assist or cause a branch, agency, office or officer of the government to interfere in any matter before any court, tribunal, or other government agency” (Section 4, Canon I).
It is the lawyer’s duty to “formally disclose on record [his or her] relationship or connection with the presiding officer of any court, tribunal, or other government agency, or any of its personnel, or the lawyer’s partners, associates, or clients, that may serve as a ground for mandatory inhibition…” (Section 20, Canon II).
In maintaining the dignity and integrity of the legal profession, “[a] lawyer shall not directly or indirectly give gifts, donations, contributions of any value or sort, on any occasion, to any court, tribunal or government agency, or any of its officers and personnel” (Section 21, Canon II).
As its corollary, “[a] lawyer in government shall not, directly or indirectly, promote or advance his or her private or financial interest or that of another, in any transaction requiring the approval of his or her office. Neither shall such lawyer solicit gifts or receive anything of value in relation to such interest” (Section 30, Canon II).
“Such lawyer in government shall not give anything of value to, or otherwise unduly favor, any person transacting with his or her office, with the expectation of any benefit in return” (Section 30, Canon II).
By adhering to these duties, the Filipino lawyer promotes “the concept that justice is based on the rule of law.”
As a guardian of the rule of law, the lawyer should assist in the administration of justice and must act with independence, propriety, fidelity, competence, diligence, equality, and accountability.
Only then will the Filipino recognize the role of lawyers in the fair dispensation of justice.