THE LAWYER AND THE COURTS

CANON 10
•A LAWYER OWES CANDOR, FAIRNESS
AND GOOD FAITH TO THE COURT
• Candor why?- while a lawyer owes fidelity to the
cause of this client, it should not be at the expense
of truth and the administration of justice.
 RULE 10.1
• 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
• Reitiration of lawyers oath, to do no falsehood or
consent to the doing of any in Court
• Misleading/ Knowingly making false allegations in
the pleadings is direct contempt in court
 SOME CASES OF FALSEHOOD
1. Lawyer falsely stating in a deed of sale that property is free
from all lines and encumbrances when in fact it is not.
2. Lawyer falsifying a power of attorney and used it in
collecting the money dues to the principal and
appropriating the money for his own benefit.
3. Lawyer making it appear that a person, long dead
executed a dead of sale in his favour.
4. Lawyer filing false charges or groundless suits
 RULE 10.2
• A lawyer shall not knowingly misquote or
misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of a
decision or authority or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved.
 MISQUOTE OR MISPRESENT

• contents of a paper,
• the language or the argument of opposing counsel,
• the text of a decision or authority
• knowingly cite as law a provision already rendered
inoperative by repeal
 RULE 10.3
• A lawyer shall observe the rules of procedure
and shall not misuse them to defeat the ends
of justice
 RULE 10.4
• A lawyer shall, when filing a pleading,
furnish the opposing party with a copy
thereof, together with all the documents
annexed thereto. Unless a motion is ex
parte, he should set it for hearing, with
sufficient notice to the party.
 CANON 11
•A LAWYERS SHALL OBSERVE AND
MAINTAIN THE RESPECT DUE TO THE
COUTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR
CONDUCT BY OTHERS
 RULE 11.1
•A lawyer shall appear in court
properly attired.
 RULE 11.2.
•A lawyer shall punctually appear
at court hearings.
 RULE 11.3
• A lawyer shall abstain from scandalous,
offensive or menacing language or
behavior before the Courts.
 RULE 11.4
• A lawyer shall not attribute to a Judge
motives not supported by the record or
have no materiality to the case.
 RULE 11.5
• A lawyer shall submit grievances against
a Judge to the proper authorities only.
 CANON 12
•A LAWYER SHALL EXERT EVERY EFFORT
AND CONSIDER IT HIS DUTY TO ASSIT IN
THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
 RULE 12.1
• A lawyer shall not appear for trial unless
he has adequately prepared himself on
the law and the facts of his case, the
evidence he will adduce and the order of
its profference. He should also be ready
with the original documents for
comparison with the copies.
 RULE 12.2
• A lawyer shall not file multiple actions
arising from the same cause.
• Forum shopping
• Prevention of the same through certificate of non-
forum shopping
 RULE 12.3
• A lawyer shall not, after obtaining
extensions of time to file pleadings,
memoranda or briefs, let the period lapse
without submitting the same or offering an
explanation for his failure to do so.
 RULE 12.4
• A lawyer shall not unduly delay a case,
impede the execution of a judgment or
misuse Court processes
Example of Dilatory Moves:
Where the decision in the civil case had reached finality and
where execution of such decision was being effected,
respondent atty. should not have filed a petition for certiorari
considering that there was no apparent purpose for it than to
delay the execution of valid judgment.

Example of misuse of Court Processes:

• Misuse of a TRO issued
• Multiple or repetitious petitions
• Filing repetitive complaints in various forms.
 RULE 12.5
• A lawyer shall refrain from talking to his
witness during a break or recess in the
trial, while the witness is still under
examination.
 RULE 12.6
• A lawyer shall not knowingly assist a
witness to misrepresent himself or to
impersonate another.
 RULE 12.7
• A lawyer shall not abuse, browbeat or
harass a witness nor needlessly
inconvenience him.
 REVISED RULES ON EVIDENCE
Section 3. Rights and obligations of a witness. — A witness must answer
questions, although his answer may tend to establish a claim against him.
However, it is the right of a witness:
1) To be protected from irrelevant, improper, or insulting questions, and from
harsh or insulting demeanor;
2) Not to be detained longer than the interests of justice require;
3) Not to be examined except only as to matters pertinent to the issue;
4) Not to give an answer which will tend to subject him to a penalty for an
offense unless otherwise provided by law; or
5) Not to give an answer which will tend to degrade his reputation, unless it to
be the very fact at issue or to a fact from which the fact in issue would be
presumed. But a witness must answer to the fact of his previous final conviction
for an offense.
 RULE 12.8
• A lawyer shall avoid testifying in behalf of his client,
except:
• A) on formal matters, such as the mailing,
authentication or custody of an instrument and the
like; or
• B) on substantial matters, in cases where his
testimony is essential to the ends of justice, in
which event he must, during his testimony, entrust
the trial o the case to another counsel.
 CANON 13
•A LAWYER SHALL RELY UPON THE
MERITS OF HIS CAUSE AND REFRAIN
FROM ANY IMPROPRIETY WHICH TENDS
TO INFLUENCE OR GIVES THE
APPEARANCE OF UNFLUENCING THE
COURT
 RULE 13.1
• A lawyer shall not extend extraordinary
attention or hospitality to, nor seek
opportunity for cultivating familiarity with
Judges
 RULE 13.2
• A lawyer shall not make public
statements in the media regarding a
pending case tending to arouse public
opinion for or against a party
 RULE 13.3
• A lawyer shall not brook or invite
interference by another branch or agency
of the government in the normal course of
judicial proceedings.
• Candor, fairness and good faith towards the
Courts
• Respect for Courts and judicial officers
• Assistance in the speedy and efficient
administration of justice
• Reliance on merits of his cause and avoidance of
any impropriety, which tends to influence or gives
the appearance of influence upon the Courts.