Thursday, July 16, 2015

A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate.


"The Court reminds petitioners’ counsel of the duty of lawyers who, as officers of the court, must see to it that the orderly administration of justice must not be unduly impeded. It is the duty of a counsel to advise his client, ordinarily a layman on the intricacies and vagaries of the law, on the merit or lack of merit of his case. If he finds that his client’s cause is defenseless, then it is his bounden duty to advise the latter to acquiesce and submit, rather than traverse the incontrovertible. A lawyer must resist the whims and caprices of his client, and temper his client’s propensity to litigate. A lawyer’s oath to uphold the cause of justice is superior to his duty to his client; its primacy is indisputable.⁠19[44]

WHEREFORE, premises considered, x x x the Commission on Bar Discipline-Integrated Bar of the Philippines is DIRECTED to investigate Atty. Oscar C. Maglaque for his acts that appear to have violated the Lawyer’s Oath, the Code of Professional Responsibility, and the Rule on Forum Shopping."

G.R. No. 183994, June 30, 2014, WILLIAM CO A.K.A. XU QUING HE, PETITIONER, VS. NEW PROSPERITY PLASTIC PRODUCTS, REPRESENTED BY ELIZABETH UY,[1] RESPONDENT.

Source: THE LAWYER'S POST.