lawyers are expected to abide by the tenets of morality

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  • 8/10/2019 Lawyers Are Expected to Abide by the Tenets of Morality

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    Lawyers are expected to abide by the tenets of morality, not only upon admission to the Bar but also throughout their legalcareer, in order to maintain one's good standing in that exclusive and honored fraternity. Good moral character is morethan just the absence of bad character. Such character expresses itself in the will to do the unpleasant thing if it is right andthe resolve not to do the pleasant thing if it is wrong. This must be so because vast interests are committed to his care; heis the recipient of unbounded trust and confidence; he deals with his client' s property, reputation, his life, his all.A lawyer is said to be the servant of the law and belongs to a profession to which society has entrusted the administrationof law and the dispensing of justice. For this reason, a lawyer's oath impresses upon him the responsibilities of an officerof the court upon whose shoulders rest the grave responsibility of assisting courts in the proper, fair, speedy and efficientadministration of justice.ndeed, if the legal profession is to achieve its basic ideal to render public service and serve the ends of justice, there is aneed to unceasingly and constantly inculcate professional standards among lawyers. As the Supreme Court in Cordon vs.

    Balicanta (supra), said: If the practice of law is to remain an honorable profession and attain its basic ideal, thoseenrolled in its ranks should not only master its tenets and principles, but should also in their lives accord continuingfidelity to them.

    he goal of remaining true to the ideals of the legal profession is hampered by the seemingly irresistible influence and pressures of modern day commercialism in almost every facet of human activity and endeavor. In various cases, theSupreme Court has denied applicant's petition to take the lawyer's oath for grave misconduct or for any serious violationof the canons of professional responsibility which puts in question the applicant's moral character. Moreover, a reading ofthe latest rulings of the highest tribunal would reveal the lawyer's utter disregard, if not disdain, for the lawyer's oath.It cannot be overemphasized that every employee of the judiciary should be an example of integrity, uprightness andhonesty. Like any public servant, he must exhibit the highest sense of honesty and integrity not only in the performance ofhis official duties but in his personal and private dealings with other people, to preserve the Courts good name andstanding. This is because the image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of themen and women who work thereat, from the judge to the least and lowest of its personnel. Thus, it becomes the imperativesacred duty of each and every one in the court to maintain its good name and standing as a true temple of justice.

    Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain ones good standing inthat exclusive and honored fraternity. ( Tapucar vs. Tapucar, 1998) QUICK REFERENCE (In Sequence):1. Citizenship2. Residence3. Age (21 yrs +)4. Good Moral Character5. Education6. Bar Examinations7. Lawyers Oath

    It should demonstrate your ability to apply the law to the given facts, and to reason logically in a lawyer -like manner to asound conclusion from ...

    The purpose of mandaroty . Is to ensure that members of the law society meet and maintain high standards ofcompetency by undertaking professional developments throughout their careers

    The Act provided that a member of the bar may be removed or suspended from his office as lawyer by the Supreme Courtupon conviction of a crime involving moral turpitude .[12] Subsequently, the term moral turpitude has been employed instatutes governing disqualifications of notaries public ,[13] priests and ministers in solemnizing marriages ,[14] registration tomilitary service ,[15] exclusio n[16] and naturalization of aliens ,[17] discharge of the accused to be a state witness ,[18] admissionto the bar ,[19] suspension and removal of elective local officials ,[20] and disqualification of persons from running for anyelective local position .[21]

    "Moral turpitude," it has been said, "includes everything which is done contrary to justice, honesty, modesty, or goodmorals." (Bouvier's Law Dictionary, cited by numerous courts.) Although no decision can be found which has decided theexact question, it cannot admit of doubt that crimes of this character involve moral turpitude. The inherent nature of theact is such that it is against good morals and the accepted rule of right conduct.

    ascertained stated:"It is that of the reasonable man. He is not to be confused withthe rational man . He is not expected to reason about everythingand his judgment may be largely a matter of feeling."12Immorality then, in its simplest sense and for the purpose of law, isthat species of conduct which is likely to harm specific individuals (LordDevlin's "reasonable man")

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    Based on the declared the policies of the Philippines as a state to uplift the standards of legal education in order to preparelaw students for advocacy, counseling, problem-solving, and decision-making, to infuse in them the ethics of the legal

    profession; and to impress on them the importance, nobility and dignity of the legal profession as an equal andindispensable partner of the Bench in the administration of justice and to develop social competence, the Legal EducationBoard created by the law was tasked to undertake appropriate reforms in the legal education system, require properselection of law students, maintain quality among law schools, and require legal apprenticeship and continuing legaleducation.

    Duty towards the Colleagues : Lawyers have certain professional responsibilities towards his colleagues, no matterwhether they are associates, senior or junior, or lawyers of the opposite litigating party. Lawyers should always berespectful to each other and should maintain a healthy working environment both in the chamber and in the court

    premises. It is against professional ethics to criticize the efficiency of other colleague lawyers or to speak ill about them in public.In conclusion, I repeat that there is no harm in lawyers becoming politically active. However, the political agenda of reallawyers should never ever undermine their professional image. Legal profession in Bangladesh today is in dire need ofreal lawyers - the professional lawyers, who would efficiently serve the court, the clients, the colleagues and the societywithout there being any fear, favour or force from any political party.

    Communications with client of another lawyerPR 31 not communicate with client of another practitioner without approval Only contact in situations of non communication by other lawyer.Thereafter notifies other practitionerChanging solicitors orderly transfer of documentsIn all their dealings with other practitioners, practitioners should act with honesty, fairness and courtesy, and adherefaithfully to their undertakings, in order to transact lawfully and competently the business which they undertake for theirclients in a manner that is consistent with the public interest.Communications between lawyers.PR 25 - reasonable care to maintain the integrity of the profession L (in all dealings with other L) must take all reasonable care to maintain integrity and reputation of profession ensurethat communications are courteous and avoids offensive/provocative language or conduct.CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDORTOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINSTOPPOSING COUNSEL.Rule 8.01 - A lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwiseimproper.Rule 8.02 - A lawyer shall not, directly or indirectly, encroach upon the professional employment of another lawyer;however, it is the right of any lawyer, without fear or favor, to give proper advice and assistance to those seeking reliefagainst unfaithful or neglectful counsel.

    o practice law in the Philippines, one must have fulfilled the non-academic and academic requirements. For non-academic

    requirements, one must be a Filipino , be at least 21 years old, be a resident of the Philippines , and have the moral and

    other non-academic qualifications needed. In terms of academic requirements, one must have obtained a 4yearcourse undergraduate degree (with major, focus or concentration in any of the subjects of History , Economics , Political

    Science , Logic , English ), has obtained a Bachelor of Laws degree (or equivalent such as Juris Doctor ) from a law

    school recognized by the Secretary of Education . They must have also taken and passed (75% general average, with no

    subject falling below 50%) the Bar Exam , taken the Attorney's Oath before the Supreme Court , signed the Roll of

    Attorneys, remain in good standing with the Integrated Bar of the Philippines, and continually participates inthe Mandatory Continuing Legal Education .

    The practice of law has always been regarded as a form of public trust, entrusted only to those who are fit to enjoy the privilege .[2] Since lawyers are officers of the court and at the same time advocates of those who wish to secure

    justice ,[3] the State holds the important prerogatives of setting the qualifications for entry into the legal profession and

    regulating the conduct of its members .[4] Thus, a high level of professionalism is expected from those who practice thelegal profession. This expectation leads to the consistent trend in the ethical rules of the profession of considering the

    practice of law not as a business and where gaining livelihood is but a mere secondary consideration .[5]

    Given this principle, legal service should not be traded as if it were a set of wares in the open market .[6] The practice of

    law can be distinguished from that of a business by four features: 1) a duty of public service, in which emolument is a by- product, and in which one may attain the highest eminence without making a lot of money; 2) a duty as officer of the courtto the administration of justice, which involves sincerity, integrity, and reliability; 3) a relationship with clients in thehighest fiduciary degree; and 4) a relationship with bar colleagues characterized by candor, fairness, and unwillingness toresort to current business methods of advertising .[7] The Code of Professional Responsibility and the judicial

    pronouncements on these rules bolster these distinctive features.

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