KNOWING THE LAW VS. KNOWING THE JUDGE
7 09 2006It is unfortunate that there are lawyers who practice their profession as though the only important thing is to “win at all costs”. In their desperation to prove to all and sundry that they have what it takes to win even the most difficult of cases, they resort to all kinds of machinations — legal and illegal — with the end in view of turning the tide in their favor.
As these unscrupulous lawyers would often say, there are “good” lawyers and “brilliant” lawyers. A good lawyer, they say, is one who knows his law, adequately prepares for his assigned case and acts according to the rudiments of fair play. A brilliant lawyer, on the other hand, need not study his case. All it takes is for him to “know” the judge! Nah, I don’t have to elaborate what “knowing the judge” means. You know what I’m talking about. It’s too obvious to even merit a discussion.
But graft and corruption is not a one-way street. It takes two to tango. Equally condemnable are the clients of these lawyers who will stop at nothing just to obtain a favorable ruling from conniving magistrates — hoodlums in robes — as former President Erap used to describe them. As to how widespread this culture of corruption has become, I have no idea. As to whether this lamentable practice really does exist, probably. We should not, however, lose faith in our justice system. Flawed as it may seem, it’s the only one we have. And I laud the efforts of our Justices who work tirelessly hard to implement vital judicial reforms.
By the way, I took it upon myself to reproduce in toto the canons under the Code of Professional Responsibility which all “good” (in contrast to a “brilliant”) lawyers cannot simply take for granted. Otherwise, they might run the risk of losing their privileged status as members of the Bar in good standing.
CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR LAW OF AND LEGAL PROCESSES.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND EFFECTIVENESS OF THE PROFESSION.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARDS HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT ADMINISTRATION OF JUSTICE.
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 INFLUENCING THE COURT.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS PROFESSION.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE AND DILIGENCE.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE LAW.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT RELATION IS TERMINATED.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE CIRCUMSTANCES.
stand by your ideals bro!
keep it up!
thanks!
Sad to say it does exists, but a person of your character, I am sure will not be engulfed by the system. Stick your principles and you will never go astray.
the courage to stand up for one’s convictions is the true test.
Hi, The bystander,
Would you mind so much if I post the following link?
It is all the more important on account of Gloria’s euro road show.
Thanks ever so much for not minding.
Could I post the following link please:
“Stop the killings in the Philippines!” campaign. Solidarity groups, human rights advocates and trade union activists are defending in this campaign their Philippine colleagues’ right to life. More information at http://www.stopthekillings.be
Again, The Bystander, begging your indulgence and hoping you won’t find it too abusive of me posting the following comments (it has no bearing with the article in the blog).
Thanks again for your patience.
For those of you who may want to write to Mr Jose Manuel Barroso, President of the European Union, with whom Gloria is slated to meet (and to discuss, I suspect the gruelling question of graft, corruption, human rights abuse committed in Philippines), so that Mr Barroso could be apprised of the grievances of Filipinos and may take this up during the meeting, you may do so:
- By e-mail: sg-web-president@ec.europa.eu
- or By post: President José Manuel Barroso,
European Union
1049, Brussels
Belgium
A letter to President Barroso may not cure what ails our nation today but we need allies to put the Arroyos in their place - in the dustbin! Moreover, a letter from Filipinos to President Barroso would help Europe get acquainted with the Philippines because to most Europeans, the Philippines is still very much an unknown quantity.
For more info: http://ec.europa.eu/commission_barroso/president/index_en.htm
and the link for the ASEM summit in Helsinki is:
http://www.asem6.fi/news_and_documents/en_GB/1157030745933/
Thank you very much again.