1 Agpalo, R., "Legal and Judicial Ethics", 2009 Edition, P. 24
1 Agpalo, R., "Legal and Judicial Ethics", 2009 Edition, P. 24
1 Agpalo, R., "Legal and Judicial Ethics", 2009 Edition, P. 24
Lawyers are seen not only as experts in the field of law but also as voices
against various political, economic and social injustices. Victims of these
injustices view lawyers with the highest regard as they are their means in
attainment of justice.
Concomitantly, a practicing lawyer is constantly confronted with conflicting
loyalties which he must reconcile.1 He has to serve his client with zeal and
devotion and at the same time, be an officer of the court. He has to uphold the
integrity of the legal profession as well as promote the policies of the society he
lives in. The dilemma arises when a lawyer fails to reconcile conflicting loyalties.
As respected citizens of the country, lawyers should behave in such a way so
that the legal profession stands as a model profession in society. The public must
be able to have confidence in the legal profession and the administration of
justice. To this end, it is desirable that clearly articulated rules of conduct are
introduced not only so that the profession is aware of their ethical obligations but
also because this is in the public interest. Without clear rules or guidelines,
misconduct, unless gross and obvious, will go unnoticed and unpunished. Hence,
there is the need for standards of conduct, the core of legal ethics.
1 Agpalo, R., Legal and Judicial Ethics, 2009 Edition, p. 24
All professions are guided by ethics. Professional Codes of Ethics are one of the
most important characteristics of a profession one which illustrates high
standards to which reputations for professionalism rest.
If it has to remain an honourable profession and attain its basic ideal, those
enrolled in its ranks should not only master its tenets and principles but should
also, by their lives, accord continuing fidelity to them. The fulfilment of this
obligation requires that professional standards be constantly inculcated among
lawyers and that the rules and ethics of the profession be collated into a body of
principles and made readily available to every attorney as his manual of
equipment without which he cannot do his part to keep the law on the level of a
profession.
Legal ethics is the embodiment of all principles of morality and refinement that
should govern the conduct of every member of the bar. Specifically, it refers to
that branch of moral science which treats of the duties which an attorney owes to
the court, to his client, to his colleagues in the profession and to the public.
The practice of law is a privilege impressed with public interest. The reason for
this is that an attorney, who alone enjoys such privilege, owes duties not only to
his client but also to the court, to his brethren in the profession and to the public,
and takes part in one of the most important functions of the state the
administration of justice.
An attorney enjoys a number of privileges by reason of his office and in
recognition of the vital role which he plays in the administration of justice.
However, consistent with these rights and privileges are his corresponding duties
and responsibilities. Lawyers, impressed with the solemnity of his oath, are
beholdened to their four fold duties. To briefly discuss, these duties are:
The first and foremost duty of a lawyer is to maintain allegiance to the Republic
of the Philippines, uphold the Constitution and obey the laws of the land. The
Code of Professional Responsibility underscores the primacy of such duty by
providing as its first canon, that a lawyer shall uphold the Constitution, obey the
laws of the land, and promote respect for the law and legal process. For a
lawyer is the servant of the law and belongs to a profession which society has
entrusted the administration of law and dispensation of justice. 2 As such, he
should make himself more an exemplar for others to emulate.
2 Legal and Judicial Ethics, Agpalo, 2009, pg. 71, par. 1 and 2
3 Ibid.