Sheree Joie Polonan JD 1-C Judge Elijo Sharon Herrera-Bellones

Court Observation Activity

One of the four-fold duties of a lawyer is the duty to the society. As reiterated by Rule 1.04 of the
Code of Professional Responsibility, a lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement. In my court observation, settlements between parties are
initiated by the respective lawyers, and settlements are easy to execute if the parties to the case are
cooperative; probably because the lawyers of each parties have explained thoroughly the pros and cons of
a settlement. There was also an instance where a client was summoned by the court but did not have his
own lawyer to defend him. He looked really helpless and did not know what to do. The judge appointed a
lawyer to be his counsel de officio. As provided by Rule 2.01, a lawyer shall not reject, except for valid
reasons, the cause of the defenceless or the oppressed. As much as possible, a lawyer shall not choose his
clients except for valid reasons.

In my court observation, there was a drug case that was being tackled, and the clear and concise
showing of the chain of custody is very important in drug cases. Another duty of a lawyer is his duty to
the courts; that is, provided by Rule 10.01 which says, a lawyer shall not do any falsehood, nor consent
to the doing of any in Court; nor shall he mislead, or allow the Court to be misled by any artifice. There
will be times when a lawyer might be tempted to mislead the Court by providing false or inaccurate
information about the chain of custody, or even give an advice to the witness to change his/her testimony
which is supposedly favourable to the accused.

During one of my court observations, my classmate was mistaken as a lawyer. As provided by

Canon 11 of the Code of Professional Responsibility, a lawyer shall observe and maintain the respect
due to the courts and to judicial officers and should insist on similar conduct by others. A lawyer is
expected to wear proper clothing fit to a lawyer. One can truly spot if a person is a lawyer if he/she is
properly attired in Court hearings. The lawyers I have encountered in Court were wearing barong.
Lawyers are also expected to come on time or even before the time a hearing is set as stated by Rule
11.02, a lawyer shall punctually appear at court hearings. A lawyer might be tempted to be late when
he/she knows that the judge is not that strict on time. Even with the knowledge of a judge not strict of
being on time, a lawyer is expected to come in Court in the earliest time.