VOL.

53, SEPTEMBER 28, 1973 197

The A ttorney in Court Practice

ANNOTATION

THE ATTORNEY IN COURT PRACTICE

By
RODOLFO POMPEYO J. CABRILLAS

§ 1. Introduction, p. 197.
§ 2. The Attorney’s Mission, p. 199.
§ 3. The Attorney’s Proper Habits, p. 199.

A. Punctuality and Expedition, p. 200.

B. Systematic, p. 200.
C. Cheerfulness, p. 200.
D. Honesty, p. 201.
E. Simple, Clear, Direct and Dignified Language, p.
201.

§ 4. The Attorney’s Duties to the Courts, p. 202.

A. Respectful Attitude Towards the Court, p. 202.

B. Obedience to the Lawful Orders of the Court, p.
203.
C. Loyalty to the Courts, p. 203.
D. Fairness, Truth and Candor, p. 204.

§ 5. Conclusion, p. 205.

_______________

§ 1. Introduction

Statistics lend wind to the observation that most of the

leading members of a community are lawyers. That the
lawyer represents the most superior product of civilization,
a master of logic, truth and wisdom is not by any means a
flattery. However, this conception was a fiction of sorts
during the riotous pre-Martial law days. Then, lawyers
were “liars”, “boleros” or “opportunistas”. Faith in equality
and justice had so weaned, that it nearly earned itself a
peso denomination, were it not for the last bastion of the
RULE OF LAW, the Supreme Court Under the new
dispensation, lawyers have
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The A ttorney in Court Practice

become highly regarded by the public, not only because

they are now considered additionally honest -but also
because of the realization that abuse and all its evil cousins
cannot now thrive. This is not to say, however, that the
Supreme Court and the Philippine Bar have been adamant.
For it is a fact, especially among lawyers that the Supreme
Court had continuously adopted stringent measures to
discipline its members, under its power and prerogative “to
promulgate rules 1
concerning the admission to the practice
of law, x x x.” The framers of the Constitution, most of
them lawyers, realizing that the practice of lawyers would
involve to no mean degree the frequent contact with the
public, resolved that since “practice” caters to the public
interest, a body in the stature of the Highest Tribunal of
the land had to supervise with sanctions this legal practice.
And so it was thus decreed.
The practice of law treats of four relations: the lawyer
and the public; the lawyer and the courts; the lawyer with
his client; and, the lawyer with his brothers in the
profession. By necessity, a lawyer in practice relates
himself with either or all of the four at any one time.
Generally, to practice law is to give advice or render 2
any
kind of service that involves legal knowledge or skill. From
this definition it could be gleaned that practice of law is not
limited to the conduct of cases in court. It may include the
preparation of pleadings and3 other papers incident to
actions or special proceedings, the4 drawing of deeds and5
other instruments of conveyances, 6
incorporation service,7
foreclosure of mortgage service,8
insolvency proceedings,
proceedings in9 attachment, matters of estates and
guardianships, advertising oneself as a lawyer and
_______________

1 Soc. 5, par (5), Article X, 1973 Philippine Constitution.

2 Annotation: 111 ALR 23, cited in Martin, Legal and Judicial Ethics, p.
35, 4th Ed.
3 Howton vs. Morrow, 269 Ky I., Ibid.
4 Ibid.
5 5 Am. Jur., 262, Ibid.
6 Ibid.
7 Ibid.
8 Ibid.
9 Ibid.

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10 11
participates in trial or giving advice for compensation.
It is the purpose of this paper to the subject matter
relevant to the annotated case to treat only on the relation
of the lawyer to the courts.

§ 2. The Attorney’s Mission

All facets of the lawyer’s career are aimed at the

administration of justice. Indispensably, lawyers constitute
the only other partners of courts. While the latter are the
ultimate dispensers of justice, these are impotent sans the
practitioners’ aid without going at war with the requisites
of due process.
The lawyer’s mission, therefore, is not stifled by the
objective of asserting and defending merely a cause or a
right. Aiding succor to the client is incidental and must
yield to the requirements of justice.
It is in this fashion that it has been observed that one of
the primary duties of lawyers is to help the courts in the
solution of the multifarious
12
legal questions that arise from
diverse human affairs.13
By necessity, he is therefore an
officer of the Court
14
and as such is subject to its control
and supervision.

§ 3. The Attorney’s Proper Habits

Regulation of legal practice may arise from jurisprudence,
the Rules of Court, and the Canons of Professional Ethics.
Some qualities which lawyers must endeavor to maintain
in their relations with the public, their clients and other
lawyers apply in equal tension to their attachment to the
courts.

_______________

10 People vs. Castleman, 88 Colo. 229, Ibid.

11 Fitcette vs. Taylor, 94 ALR 356, Ibid.
12 Martin, Legal and Judicial Ethics, p. 37, supra.
13 Karlin vs. Culkin, 60 ALR 851, cited in Martin, supra.
14 People vs. Andan, et al., CA-G.R. No. 3173-R, May 17, 1949; Kelly vs.
Boyne, 53 ALR 273, cited in Martin, supra.

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A. Punctuality and Expedition

It is the duty of the lawyer not only to his client but also to
the courts and to the public to be punctual in attendance,
and to15 be concise and direct in the trial and disposition of
cases. Punctuality or its lack could spell the difference
between contempt and default, on one hand and legal
success on the other. Frequent tardiness could lead to loss
of clients’ confidence and court embarrassment.
Case backlog will be minimized if punctuality and
expedition were not disregarded. Postponements could be
avoided by timely preparations and religious observance of
a clean schedule. 16Part of delays suffered by litigants is
caused by counsel. It has been said that procrastination is
our occupational disease, and we sometimes forget that
courts operate for the dispatch of the public business and
not for the
17
convenience, whim and caprice of judges and
lawyers.

B. Systematic
A well prepared case, coordinated handling of cases, a
properly scheduled time allocation and ultimate success in
practice
18
depends immeasurably to a systematic approach to
a case. There is no substitute for a systematic procedure
in pursuance
19
of the requirements of punctuality and
expedition.

C. Cheerfulness
A lawyer should be cheerful, but not boisterous. He should
inspire confidence, be 20careful in all things he does,
analytical and thorough.

_______________

15 Canon 21, Canons of Professional Ethics.

16 Quoted from Walter P. Armstrong, Past President of the American
Bar Association by then Undersecretary of Justice, in a speech delivered
at the University of the East on December 14, 1967.
17 Ibid.
18 Canon 21, supra.
19 Ibid.
20 Williams Legal Ethics, Chapter V, cited in Martin, p. 39, supra.

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D. Honesty
A lawyer will find his highest honor in a deserved
reputation for fidelity
21
to private trust and to public duty as
an honest man. A well-deserved reputation for honesty
and fidelity to private trust and22 public duty is the best
advertisement a lawyer can have.

E. Simple, Clear, Direct, Dignified Language

The language of a lawyer oral or written must be simple,
clear and direct to the point. This will give strength to his
argument. Trifles or pomposity has no place in a court of
justice because a case will be decided on 23its merits
according to law and not on f flowery eloquence.
It must not be excessive. Instead of strengthening
arguments, excessive language weakens the persuasive
force of legal reasoning and
24
disturbs the orderly and proper
administration of justice.
Moreover, the language of a lawyer especially in the
trial of a cause must scrupulously avoid personalities
between counsel. It is indecent to allude to the personal
history or the personal peculiarities and idiosyncracies of
counsel or the other side. Personal colloquies between
counsel which cause delay and promote 25
unseemly
wranglings should also be carefully avoided.
Lastly, a lawyer’s language must be dignified. Shouting
in court, unnecessary gesture,
26
and unwarranted display of
passion should be avoided. Casting insult on a defendant
in a criminal case because of his lowly station in life even if
to show that he deserves a greater penalty had been held to
be a

________________

21 Canon 32, supra.

22 Martin, Legal and Judicial Ethics, p. 43, supra.
23 Martin, Legal and Judicial Ethics, p. 40, supra.
24 Perkins vs. Perkins, cited in Martin, supra.
25 Canon 17, supra.
26 Martin, Legal and Judicial Ethics, p. 41, supra.

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27
disgrace to the bar and an offense to the Court.

§ 4. Attorney’s Duties to the Courts

The public duties of the attorney takes precedence over his

private duties; his first duty is to the courts. Thus, where
duties to the court conflict
28
with duties to a client, the latter
must yield to the former.

A. Respectful Attitude Towards the Court

Expectedly, the foremost duty of a lawyer is to observe and
maintain the respect
29
due to the courts of justice and
judicial officers. It has been held that as an officer of the
court, it is his duty to uphold the dignity
30
and authority of
the court, to which he owes fidelity. Respect to the courts
guarantees the stability of our democratic institution;
which without such 31
respect would be resting on a very
shaky foundation.
By the use of disrespectful 32
and offensive language a
lawyer was cited for contempt because such contumacious
attitude, a flouting
33
or arrogant belligerence was a defiance
of the court.
What is disrespect to the court however, unless patently
a breach of the ordinary and the common must depend on
the circumstances obtaining in a particular case. Thus, in
one case, it was ruled that lawyers should be allowed a
great latitude of pertinent comment in the furtherance of
the causes they uphold and for the felicity of their clients
they may be

________________

27 People vs. Young, G.R. No. L-2126, May 26,1949.

28 Langen vs. Borkowski, 43 ALR 622, cited in Martin, supra.
29 Par. (b), Sec. 20, Rule 138, The New Rules of Court; See also People
vs. Carillo, 77 Phil. 572; Rheem of the Philippines vs. Ferrer, G.R. L-
22979, June 26, 1967.
30 In re Sotto, 82 Phil. 959, cited in Martin, supra; See also In re
Almacen, L-27654, February 18, 1970, 31 SCRA 562.
31 Ibid.; See also Canon 1, supra, and Zorilla vs. Paredes, CA-G.R. No.
298-R, July 25, 1957.
32 Surigao Mineral Reservation Board vs. Cloribel, L-27072, January 9,
1970, 31 SCRA 1.
33 Ibid.

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34
pardoned some infelicities of language. Due regard is to be
taken 35
however of the fact that as observed by the Supreme
Court, “(t)he language which does not run short of
expressions, emphatic but respectful, convincing but not
derogatory, illuminating but not offensive.”

B. Obedience to Lawful Orders of Court

Obedience to the lawful orders of the Court is heat to the
fire. Otherwise, there is no point in going to court.
However, erroneous these orders might be, compliance
must be followed meekly. If the order be not lawful, initial
36
compliance is expected as the remedy is elsewhere.
Afterall, there is need for another tribunal to rule on its
legality. Counsel cannot decide upon it as whatever
appraisal he has on a questioned order would be a matter
of opinion.
37
 37
Thus, it has been observed that the lawyer may
consider himself more learned than the judge and may not
agree with his rulings or orders which he regards as
incorrect; yet he should receive these orders and rulings
with proper decorum and self-restraint. The decisions of
the judge must be obeyed because it is within his office to
decide, and the bar should be submitting to them with
respect.

C. Loyalty to the Courts

Judges not being wholly free to defend themselves, are
peculiarly entitled to receive the
38
support of the Bar against
unjust criticism and clamor. Whenever there is proper
ground for serious complaint of a judicial officer, it is the
right and duty of the
39
lawyer to submit his grievances to the
proper authorities.

________________

34 Deles vs. Aragona, Jr., Adm. Case No. 598, March 28,1969, 27 SCRA
633.
35 Rheem of the Philippines vs. Ferrer, supra.
36 Rule 40, et seq., The New Rules of Court.
37 In re Scouten’s Appeal, 40 Atl. 481, cited in Martin, Legal and
Judicial Ethics, supra.
38 Canon 1, supra.
39 Ibid.

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Clear is the mandate of the canons on the desired attitude

of loyalty of lawyers to the courts and his demeanor and
remedy in instances where the end of fairness, and equity
had been frustrated.
Very much related to the requirements of respect to the
courts, the duty of loyalty includes the duty to act with care
and circumspection to avoid undue embarrassment to the 40
court or unnecessary interference with its proceedings, 41
and the duty to assist in the administration of justice.

D. Fairness, Truth and Candor

42
Under the Canons, candor and fairness are basic
characteristics of the conduct of lawyers with respect to the
Courts and other lawyers. Details have not been omitted in
the Canons. Thus, it declares that “(i)t is not candid nor
fair for the lawyer knowingly to misquote the contents of a
paper; the testimony of a witness, the language or the
argument 43
of opposing counsel, or the language of a
decision or a textbook; or with knowledge of its invalidity,
to cite as authority a decision that has been overruled, or a
statute that has been repealed; or in argument to assert as
a fact that which has not been proved, or x x x to mislead
his opponent by concealing or withholding positions in his
argument upon which his side

________________

40 Cabansag vs. Fernandez, G.R. No. L-8974, October 18, 1957, where
respondent was warned for writing the Presidential Complaints and
Action Commission requesting the early settlement of his case pending
before the Courts upon being irked by the slow disposition of the case.
41 Lualhati vs. Albert, 57 Phil. 86, where respondent lawyer was cited
for contempt for moving for a disqualification of the judge after such
motion had been previously denied by the trial and the appellate courts,
which motion was construed to have been intended to make the public
believe that judge was incapable of administering justice to demand; See
also Samar Mining Co. vs. Arnado, supra, where the respondent succeeded
in delaying the disposition of a case for a long time and in appealing the
case merely for the purpose of delay.
42 Canon 42, supra.
43 This rule is directly pertinent to the annotated case, Munoz vs.
People. September 28, 1973 supra.

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intends to rely.”
Also, it is the duty of lawyers to avoid the concealment of
the truth
44
especially from the Court, despite the demands of
clients, because no client, however powerful, and no cause,
however important, is entitled to receive from 45
the lawyer
any service involving dishonesty to the courts.

§ 5. Conclusion

Tomes have been written of lawyers, their conduct and

relations. Much more had been said. These cannot be said
 of the other callings, for the legal profession by necessity
invades the province of the others. This is not to say that
the legal profession is the most superior because there is no
need to mention the obvious.
Thus scrutinized, the lawyer must always strive to
pursue the very elusive desirable standards of conduct
46
of
the profession. Justice Frankfurter had been cited to have
said that, “(t)he legal profession beyond any other calling is
the one that is concerned with those establishments, those
processes, those criteria, those appeals to reason and right,
which have had a dominant share in begetting a civilized
society.”
Stronger is this observation applicable in the47
relation of
lawyers to the courts, of which he is an officer. Envisioned
as a machinery of justice, counsel and court are
indispensable parts complementing each other.
Impairment of either breaks the machine; the wheels
become erratic; realignment is required. Justice is
frustrated. The law is breached. Chaos reigns.

——oOo——

_______________

44 Martin, Legal and Judicial Ethics, p. 56, supra; See also Director of
Lands vs. Adorable, 77 Phil. 468; Albert vs. Court of First Instance of
Manila, G.R. No. L-26364, May 29,1968.
45 Ibid.
46 In a speech delivered by the then Undersecretary of Justice, Felix V.
Makasiar, at the University of the East, supra.
47 Salcedo vs. Hernandez, 61 Phil. 724; See also Footnote No. 13, supra.

206

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