Conduct expected of lawyers

Atty. Ferdinand Topacio, who represents expelled congressman Arnolfo Teves Jr., made some very interesting remarks regarding the statement of the Department of Justice (DoJ) on the progress of the extradition case against his client.

Among the remarks one stood out to me, to wit, “We appeal to the DoJ to STFU and stop its relentless trial by publicity, which it has been doing since the start of the investigation, and let the legal processes take their natural course.”

I do not need to tell the reader what STFU means, but for those unfamiliar, feel free to research it. This much I can say though — it’s an expletive!

Instead of going further into what I think of his disrespectful and impolite remarks and behavior, I’d rather look at the positive and use this as an opportunity to educate readers on the conduct expected and demanded of lawyers.

The Code of Professional Responsibility and Accountability, also known as A.M. No. 22-09-01-SC dated 11 April 2023, lays down the rules (referred to as “canons”) that govern lawyers’ conduct. Essentially said code is meant to foster an environment where ethics performs a dedicated role in the administration of justice.

Let me focus on Canon II which talks about Propriety.

“A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal profession consistent with the highest standards of ethical behavior.”

The accusation against the DoJ relentlessly engaging in trial by publicity is irresponsible, discourteous and disrespectful. On the contrary, the DoJ is not the one making matters unnecessarily public; he is! I suggest Atty. Topacio look in the mirror when he makes such accusations.

Additionally, there are three sections under Canon II that are relevant.

Section 1 discusses Proper Conduct: “A lawyer shall not engage in unlawful, dishonest, immoral, or deceitful conduct.”

Section 2 deals with Dignified Conduct: “A lawyer shall respect the law, the courts, tribunals, and other government agencies, their officials, employees, and processes, and act with courtesy, civility, fairness, and candor towards fellow members of the bar.”

Section 5 reminds lawyers about the Observance of Fairness and Obedience. “A lawyer shall, in every personal and professional engagement, insist on the observance of the principles of fairness and obedience to the law.”

In the short remark by Atty. Topacio quoted at the beginning of this article, it is easy to spot the violations falling under the three aforementioned sections. The remark is immoral as it uses foul language directed at a government office. It also is disrespectful, uncivil and downright insulting to the DoJ and its officials who are fellow members of the bar.

Further, his remark of just letting the legal process take its natural course is contrary to what he is actually doing which we can assume has led to his client’s acts of continuously evading and refusing to face the charges filed against him. The delaying tactics are neither fair nor obedient to the law and the justice system followed by the Philippine government.

The tactics displayed are questionable and should be frowned upon. Lawyers owe their clients the best defense possible and available, but to totally forego the process by refusing to face charges directly is quite unacceptable.

It seems to me that the script being played out is designed to confuse the public and insult the government too, along with all law-abiding citizens. This is disgraceful and nothing short of alarming.

Fortunately, not all lawyers are like this. For the record, I assert my flat refusal for the legal profession to be tarnished by one individual’s behavior.

To my fellow lawyers, let us do ourselves and our country proud by practicing and acting only consistently with our oath.