Privilages and duties of a lawyer

Question 1

what are the PRIVILEGES OF AN ATTORNEY:

Answer 1

1. To practice law during good behavior before any judicial, quasi-judicial, or administrative tribunal.
2. The first one to sit in judgment on every case, to set the judicial machinery in motion.
3. Enjoys the presumption of regularity in the discharge of his duty.
4. He is immune, in the performance of his obligation to his client, from liability to a third person insofar as he does not materially depart from his character as a quasi-judicial officer.
5. His statements, if relevant, pertinent or material to the subject of judicial inquiry are absolutely privileged regardless of their defamatory tenor and of the presence of malice.

Question 2

are there OTHER PRIVILEGES aside from the abovementioned?

Answer 2

First grade civil service eligibility for any position in the classified service in the government the duties of which require knowledge of law.
Second grade civil service eligibility for any other government position which does not prescribe proficiency in law as a qualification

Question 3

What are the FOUR-FOLD DUTIES OF A LAWYER

Answer 3

1. Court- respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice.
2. Bar- candor, fairness, courtesy and truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession.
3. Client- entire devotion to client’s interest.
4. Public- should not violate his responsibility to society, exemplar for uprighteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems.

Question 4

What are the SPECIFIC DUTIES OF A LAWYER (SEC. 20, RULE 138) [C2A2R2E2D]

Answer 4

1. To maintain Allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines;
2. To observe and maintain the Respect due to the courts of justice and judicial officers;
3. To Counsel and maintain the respect due to the courts of justice and judicial officers;
4. To Employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law;
5. To maintain inviolate the Confidence and at every peril to himself, to preserve the secrets in connection with his client and to accept no compensation in connection with his client’s business except from him or with his knowledge and approval;
6. To Abstain from all offensive personality and to advance no fact prejudicial to the honor and reputation of a party or witness, unless required by the justice of the cause with which he is charged;
7. Not to Encourage either the commencement or the continuance of an action or proceeding, or delay any man’s cause, from any corrupt motive or interest;
8. Never to Reject, for any consideration personal to himself, the cause of the defenseless or oppressed;
9. In the Defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits to the end that no person may be deprived of life or liberty, but by due process of law.

Question 5

What is the DUTY OF COUNSEL DE OFICIO

Answer 5

A counsel de oficio is expected to render effective service and to exert his best efforts on behalf of an indigent accused. He has as high a duty to a poor litigant as to a paying client. He should have a bigger dose of social conscience and a little less of self-interest.

Question 6

ROLE OF PRIVATE PROSECUTOR

Answer 6

A private prosecutor may intervene in the prosecution of a criminal action when the offended party is entitled to indemnity and has not waived expressly, reserved or instituted the civil action for damages. He may prosecute the accused up to the end of the trial even in the absence of the public prosecutor if authorized by the chief of the prosecution office or the Regional State Prosecutor subject to the approval of the court (Sec. 5, Rule 110; Rules of Court dated May 1, 2002).

Question 7

Recite the THE LAWYER’S OATH

Answer 7

I, ____________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its Constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not wittingly or willingly promote or sue any groundless, false or unlawful suit, nor give aid nor consent to the same; I will delay no man for money or malice and will conduct myself as a lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and I impose upon myself this voluntary obligation without any mental reservation or purpose of evasion. So help me God.