Script Canon1&9

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Slide 1:

Good evening, tonight I will reporting about the ‘Code of Professional Responsibility’

Slide 2: The Canon 1


This topic explores into the first Canon of legal ethics, outlining the basic obligations of a
lawyer, emphasizing their duty as constitutional upholders, obedience to local laws, and
respect for the legal system.

Canon 1 mandates lawyers to uphold their country's constitution, protecting individual


rights and ensuring democratic processes, while defending the principles and values
enshrined in their constitution.
Under Canon 1, lawyers are obligated to obey the laws of the land, including all
applicable rules, statutes, regulations, and court decisions, promoting compliance and
adherence to the rule of law..
Canon 1 emphasizes the role of lawyers in fostering respect for law and legal
processes, advocating for fair procedures, dispute resolution, and public confidence in
the legal system.

Slide 4:Attorney’s oath


The inclusion of the Attorney's Oath in the discussion of Canon 1 underscores the
fundamental principles and values that lawyers are expected to uphold, ensuring the
integrity, professionalism, and ethical conduct of the legal profession in the Philippines.

Slide 4 and 5: Nature of Attys oath


The nature of an attorney's oath is a solemn commitment to uphold the principles of the
legal profession. It is not just a ceremonial gesture, but a duty that lawyers must take
seriously. The oath emphasizes the importance of following the law, respecting legal
processes, and promoting respect for the legal system. Any lawyer who violates their
oath by engaging in deceitful conduct has no place in the legal profession.:
Slide 6: Brion, Jr. v. Brillantes, Jr
The connection to Canon 1 - A lawyer shall uphold the Constitution, obey the laws of
the land, and promote respect for law and legal processes, lies in the fact that the
respondent, being a lawyer, had a duty to uphold the Constitution and obey the laws,
including the court's decree. By accepting a position in the government agency despite
being perpetually disqualified, the respondent disobeyed the court's order and
disregarded the legal processes in place.

Slide 7: Rule 1.01


This statement is discussing a rule that lawyers must adhere to, which states that they
should not engage in any illegal, dishonest, immoral, or deceitful behavior. The
statement also mentions that some lawyers have faced consequences like suspension
or disbarment due to their involvement in crimes involving moral turpitude, such as
estafa, bribery, murder, seduction, abduction, smuggling, and falsification of public
documents. Ultimately, the statement concludes by emphasizing that honesty is always
the preferable approach.

Slide 8: Example Dishonest of a lawyer


These examples highlight various instances of dishonest conduct that a lawyer can
engage in. They include misappropriating a client's funds, giving false statements under
oath, manipulating property transactions for personal benefit, falsifying grades in exams,
not accounting for money collected on behalf of a client, and stealing evidence from
court records. All of these actions are unethical and go against the principles of
professional conduct expected of lawyers.

Slide 9: Moral Character vs.Good Reputation


Including this concept in Canon 1 serves to emphasize that a lawyer's professional
conduct should not be solely based on external appearances or reputation, but also on
personal integrity and ethical behavior. A lawyer must strive to maintain both a strong
moral character and a good reputation in order to uphold public trust in the legal
profession.
Slide 10: Grossly immoral conduct
By including the definition of grossly immoral conduct, Canon 1 aims to discourage and
condemn acts that are not only illegal but also morally repugnant. It serves as a
reminder that professionals have a responsibility to maintain a high standard of behavior
that aligns with societal expectations and respects the opinions of the respectable
members of the community.

Slide 11: Examples of immoral conduct


Examples of immoral conduct by lawyers violate Canon 1 of legal ethics, which requires
them to uphold justice, fairness, and integrity. These actions violate these standards,
emphasizing the importance of maintaining ethical behavior in the legal profession.

Slide 12: Fermin vs Bedol


In the Fermin v. Bedol case, Atty. Bedol, a Provincial Election Supervisor, violated
Canon 1 by issuing premature notices of a special election before the COMELEC
declared a failure of election. This breach of Canon 1 demonstrates a disregard for the
law and legal procedures, a duty lawyers are expected to uphold. The Integrated Bar of
the Philippines found Bedol guilty and recommended a reprimand, but the Board of
Governors modified the penalty to a one-year suspension. The Supreme Court imposed
the suspension, emphasizing the importance of maintaining a high standard of honesty
and law-abiding behavior.

Slide 13: In re CARLOS S. BASA.


Carlos S. Basa was convicted of abduction with consent, violating Canon 1 of the Code
of Professional Responsibility. As a lawyer, he is expected to uphold the constitution,
obey laws, and promote respect for the law. Basa's criminal activity violated this code,
leading to his suspension for one year. The court's decision aligns with Canon 1's
importance of law obedience and respect.
Slide 15:
Rule 9.01 in the context of legal ethics states that a lawyer is not permitted to assign or
give responsibility to an unqualified individual for carrying out tasks that can only be
performed by a licensed and actively practicing lawyer. This means that certain duties
and responsibilities within the legal profession can only be undertaken by lawyers who
have met the necessary qualifications and are in good standing with the Bar
association. It prohibits lawyers from employing or utilizing the services of individuals
who are not legally authorized to perform those tasks.

Slide 16.
This case emphasizes the ethical duty of lawyers to act in their client's best interest and
obtain proper authorization before taking legal action. Canon 9.01 of the Model Code of
Professional Responsibility mandates lawyers to act within their clients' instructions and
not take actions without proper authorization. This ruling emphasizes the importance of
lawyers communicating with clients and obtaining proper instructions before initiating
legal proceedings.

Slide 17
This rule states that a lawyer is not allowed to share or divide a fee for legal services
with individuals who are not licensed to practice law, unless certain exceptions apply.
The exceptions include situations where there is an agreement with a partner or
associate for payment to be made to their estate or specified individuals upon their
death, when a lawyer agrees to take over unfinished legal work of a deceased lawyer,
or when a lawyer or law firm includes non-lawyer employees in a retirement plan that
involves profit sharing.

Slide 18
Lijauco v. Terrado is a case that highlights the ethical obligations of lawyers. Atty.
Rogelio P. Terrado was found guilty of neglecting his client's interests and engaging in
unlawful conduct. The case also addresses the prohibition on lawyers dividing fees with
non-licensed individuals. Terrado was suspended from law practice for six months and
ordered to return the legal fees he received. The ruling serves as a reminder to lawyers
to always fulfill their professional obligations and act in the best interests of their clients.

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