Scribd Logo
Upload

Welcome to Scribd!

  • 55 views

    A.C. No. 4738 Alitagtag v. Garcia (June 10, 2003)

    Uploaded by

    CzarDurante
    1) The document discusses several cases and ethical standards regarding appropriate conduct for lawyers. It finds that harassing occupants of a property and intimidating them violates ethical standards to not engage in conduct that damages fitness to practice law. 2) It also finds that taking advantage of an opposing party being abandoned by counsel to execute an unfair agreement violates standards of representing conflicting interests without consent. 3) The document emphasizes that a lawyer's language should be dignified and gracious towards both the court and opposing counsel, avoiding abusive, offensive, or improper language according to ethical codes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    A.C. No. 4738 Alitagtag v. Garcia (June 10, 2003)

    Uploaded by

    CzarDurante
    55 views1 page
    1) The document discusses several cases and ethical standards regarding appropriate conduct for lawyers. It finds that harassing occupants of a property and intimidating them violates ethical standards to not engage in conduct that damages fitness to practice law. 2) It also finds that taking advantage of an opposing party being abandoned by counsel to execute an unfair agreement violates standards of representing conflicting interests without consent. 3) The document emphasizes that a lawyer's language should be dignified and gracious towards both the court and opposing counsel, avoiding abusive, offensive, or improper language according to ethical codes.

    Original Description:

    ethics

    Original Title

    A

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1) The document discusses several cases and ethical standards regarding appropriate conduct for lawyers. It finds that harassing occupants of a property and intimidating them violates ethical standards to not engage in conduct that damages fitness to practice law. 2) It also finds that taking advantage of an opposing party being abandoned by counsel to execute an unfair agreement violates standards of representing conflicting interests without consent. 3) The document emphasizes that a lawyer's language should be dignified and gracious towards both the court and opposing counsel, avoiding abusive, offensive, or improper language according to ethical codes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    55 views1 page

    A.C. No. 4738 Alitagtag v. Garcia (June 10, 2003)

    Uploaded by

    CzarDurante
    1) The document discusses several cases and ethical standards regarding appropriate conduct for lawyers. It finds that harassing occupants of a property and intimidating them violates ethical standards to not engage in conduct that damages fitness to practice law. 2) It also finds that taking advantage of an opposing party being abandoned by counsel to execute an unfair agreement violates standards of representing conflicting interests without consent. 3) The document emphasizes that a lawyer's language should be dignified and gracious towards both the court and opposing counsel, avoiding abusive, offensive, or improper language according to ethical codes.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    A.C. No. 4738 Alitagtag v.

    Garcia [June 10, 2003] in the course of judicial proceedings, including all
    kinds of pleadings, petitions and motions, are
    LEGAL ETHICS; ATTORNEYS; CODE OF absolutely privileged so long as they are pertinent
    PROFESSIONAL RESPONSIBILITY; A LAWYER and relevant to the subject inquiry, however false
    SHOULD NOT BEHAVE IN A SCANDALOUS MANNER or malicious they may be.
    TO THE DISCREDIT OF THE LEGAL PROFESSION. —
    Respondent is likewise found guilty of harassing A.C. No. 3149 (Likong v. Lim [August 17, 1994])
    the occupants of the property subject of the
    donation by asking Meralco to disconnect its There is no showing that respondent even tried to
    services to the property and by posting security inform opposing counsel of the compromise
    guards to intimidate the said occupants. These acts agreement. Neither is there any showing that
    do not speak well of his standing as a member of respondent informed the trial court of the alleged
    the bar. Rule 7.03, Canon 7 of the Code of abandonment of the complainant by her counsel.
    Professional Responsibility provides that a lawyer Instead, even assuming that complainant was
    shall not engage in conduct that adversely reflects really abandoned by her counsel, respondent saw
    on his fitness to practice law, nor should he, an opportunity to take advantage of the situation,
    whether in public or private life, behave in a and the result was the execution of the
    scandalous manner to the discredit of the legal compromise agreement which, as previously
    profession. By engaging in acts that undermine discussed, is grossly and patently disadvantageous
    recognition of and respect for legal processes, and prejudicial to complainant. Undoubtedly,
    respondent has clearly committed conduct that respondent's conduct is unbecoming a member of
    adversely reflects on his fitness to be a member of the legal profession.
    the legal profession.
    The Code of Professional Responsibility states:
    A.C. No. 5910 (Torres v. Javier [September 21, "Rule 1.01 — A lawyer shall not engage in unlawful,
    2005] dishonest, immoral, or deceitful conduct.
    Rule 8.02 — A lawyer shall not, directly or
    LEGAL ETHICS; ATTORNEYS; IN KEEPING WITH THE indirectly, encroach upon the professional
    DIGNITY OF THE LEGAL PROFESSION, A LAWYER'S employment of another lawyer; however, it is the
    LANGUAGE MUST BE DIGNIFIED. — In keeping with right of any lawyer, without fear or favor, to give
    the dignity of the legal profession, a lawyer's proper advice and assistance to those seeking
    language must be dignified and choice of language relief against unfaithful or neglectful counsel.
    is important in the preparation of pleadings. In the Rule 15.03 — A lawyer shall not represent
    assertion of his client's rights, a lawyer — even one conflicting interest except by written consent of all
    gifted with superior intellect — is enjoined to rein concerned given after a full disclosure of the facts."
    up his temper.
    ID.; ID.; A LAWYER'S ARGUMENTS IN HIS
    PLEADINGS SHOULD BE GRACIOUS TO BOTH THE
    COURT AND OPPOSING COUNSEL. — Canon 8 of
    the Code of Professional Responsibility which
    provides: "CANON 8 — A LAWYER SHALL CONDUCT
    HIMSELF WITH COURTESY, FAIRNESS AND
    CANDOR TOWARD HIS PROFESSIONAL
    COLLEAGUES, AND SHALL AVOID HARASSING
    TACTICS AGAINST OPPOSING COUNSEL. — Rule
    8.01. A lawyer shall not, in professional dealings,
    use language which is abusive, offensive or
    otherwise improper." instructs that respondent's
    arguments in his pleadings should be gracious to
    both the court and opposing counsel and be of
    such words as may be properly addressed by one
    gentleman to another. The language vehicle does
    not run short of expressions which are emphatic
    but respectful, convincing but not derogatory,
    illuminating but not offensive.

    It is well entrenched in Philippine jurisprudence


    that for reasons of public policy, utterances made

    You might also like