Legal Ethics Compilation 2016 (GROUPS 1-3) Admission to the Practice of Law he Supreme Courthas the po!e" to cont"ol an# "eg$late the p"actice o% la!& h$s' the Constit$tion' $n#e" "ticle ***' Sec& + (+) p"o,i#es Sec. 5. The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, p ractice and procedure i n all courts , the admiss ion to the pra ctice of law , the Integrated ar, and legal assistance to the under privileged. he S$p" eme Co$"t acts th"o$gh a Bar Examination Committeein the E.e"cise o% his /$#icial %$n ction to a#mit can#i#ates to the legal p" o%ession& The Bar Examination Committee: • Compose# o% (1) meme" o% the S$p"eme Co$"t !ho acts as Chai"man an# eight () meme"s o% the a"& • he meme"s act as e .amine"s %o" the a" s$/ects !ith one s$/e ct assigne# to each& • he a" Con#ant acts as a so"t o% lia ison o4ce" et!een the co$"t an# the a" Chai"ma n on the othe" han#' an# the in#i,i#$al meme"s o% the committee on the othe"& 5e is at the same time a #ep$tcle"7 o% co$"t& • #mission o% e.aminees is al!as s$/ect to the nal app"o,al o% the co$"t& ATTORNEYS A!"#SS#ON TO BAR !ule "#$ Section ". %ho ma& practice law. ' n& person heretofore dul& admitted as a memer of the ar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing, is entitled to practice law. Sec. *. !e+uirements for all applicants for admission to the ar. 'ver& applicant for admission as a memer of the ar must e a citi-en of the Philippines, at least twent&'one &ears of a ge, of good moral character , and a r esident of the Philippinesand must produ ce efore the Supreme Court satisfactor& evidence of good moral character, and that no charges against him, involving moral turpitude, have een /led or are pending in an& court in the Philippines . Re$uirements for admission to the Bar • citi8en o% the Philippines • at least 21 ea"s ol# • o% goo# mo"al cha"acte" • Philippine "esi#ent
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Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the
Integrated ar, and legal assistance to the under privileged.
he S$p"eme Co$"t acts th"o$gh a Bar Examination Committee in the E.e"cise o% his
/$#icial %$nction to a#mit can#i#ates to the legal p"o%ession&
The Bar Examination Committee:
• Compose# o% (1) meme" o% the S$p"eme Co$"t !ho acts as Chai"man an# eight ()
meme"s o% the a"&
• he meme"s act as e.amine"s %o" the a" s$/ects !ith one s$/ect assigne# toeach&
• he a" Con#ant acts as a so"t o% liaison o4ce" et!een the co$"t an# the a"
Chai"man on the othe" han#' an# the in#i,i#$al meme"s o% the committee on the
othe"& 5e is at the same time a #ep$t cle"7 o% co$"t&
• #mission o% e.aminees is al!as s$/ect to the nal app"o,al o% the co$"t&
ATTORNEYS A!"#SS#ON TO BAR
!ule "#$
Section ". %ho ma& practice law. ' n& person heretofore dul& admitted as a memer of the
ar, or hereafter admitted as such in accordance with the provisions of this rule, and who is
in good and regular standing, is entitled to practice law.
Sec. *. !e+uirements for all applicants for admission to the ar. 'ver& applicant for
admission as a memer of the ar must e a citi-en of the Philippines, at least twent&'one
&ears of age, of good moral character, and a resident of the Philippines and must produce
efore the Supreme Court satisfactor& evidence of good moral character, and that no
charges against him, involving moral turpitude, have een /led or are pending in an& court
• P"o#$ction e%o"e the s$p"eme co$"t satis%acto" e,i#ence o%
• goo# mo"al cha"acte"
• no cha"ges against him' in,ol,ing mo"al t$"pit$#e' ha,e een le# o" a"e
pen#ing in an co$"t in the Philippines&
• Re$uirement of %ood "ora& Character: a contin$ing "e9$i"ement: goo# mo"alcha"acte" is not onl a con#ition p"ece#ent %o" a#mission to the legal p"o%ession' $t
it m$st also "emain intact in o"#e" to maintain one;s goo# stan#ing in that e.cl$si,e
an# hono"e# %"ate"nit& (Tapucar vs. Tapucar, "00$)
Additional Requirements
Bar examination
Studied law for four years, and successfully completed all
prescribed courses, in a law school or university, ociallyapproved and recognized by the Secretary of ducation! "he
adavit of the candidate, accompanied by a certi#cate from
the university or school of law, shall be #led as evidence ofsuch facts, and further evidence may be required by the court!
$ompleted the following courses in a law school or university
duly recognized by the government% civil law, commercial law,remedial law, criminal law, public and private international
law, political law, labor and social legislation, medical &urisprudence, taxation and legal ethics!
Examination Su'(ects
• Ci)i& Law
• La'or and Socia& Le*is&ation
• "ercanti&e Law
• Crimina& Law
• Po&itica& Law +Constitutiona& Law, Pu'&ic Corporations, and Pu'&ic O-cers.
• #nternationa& Law +Pri)ate and Pu'&ic.
• Taxation/ Remedia& Law +Ci)i& Procedure, Crimina& Procedure, and E)idence.
• Le*a& Ethics and Practica& Exercises +in P&eadin* and Con)e0ancin*.
Passin* A)era*e
#n order that a candidate ma0 'e deemed to ha)e passed his examinationssuccessfu&&0, he must ha)e o'tained a *enera& a)era*e of 12 per cent in a&&
su'(ects, without fa&&in* 'e&ow 23 per cent in an0 su'(ect4
#n determinin* the a)era*e, the su'(ects in the examination sha&& 'e *i)en the
Sec4 514 Admission and oath of successful applicants! ' An app&icant who has
passed the re$uired examination, or has 'een otherwise found to 'e entit&ed to
admission to the 'ar, sha&& ta8e and su'scri'e 'efore the Supreme Court the
correspondin* oath of o-ce4
Sec4 594 $erti#cate! ' The Supreme Court sha&& thereupon admit the app&icant as
a mem'er of the 'ar for a&& the courts of the Phi&ippines, and sha&& direct an order
to 'e entered to that eect upon its records, and that a certi;cate of such record'e *i)en to him '0 the c&er8 of court, which certi;cate sha&& 'e his authorit0 to
practice4
Sec4 5<4 Attorneys( roll! ' The c&er8 of the Supreme Court sha&& 8eep a ro&& of a&&
attorne0s admitted to practice, which ro&& sha&& 'e si*ned '0 the person admitted
when he recei)es his certi;cate4
Attorney)s *ath%
+, ------------------, do solemnly swear that will maintain allegiance to theRepublic of the .hilippines/ will support its constitution and obey the laws as
well as the legal orders of the duly constituted authorities therein/ will do no
falsehood, nor consent to the doing of any in court/ will not willingly norwittingly promote or sue any groundless, false or unlawful suit, or give aid norconsent to the same/ will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my 0nowledge and discretion, with allgood #delity as well to the court as to my clients/ and impose upon myself this
voluntary obligations without any mental reservation or purpose of evasion! Sohelp me 1od!2 34orm 56, RR$7
Nature of Law0er=s Oath
• he la!e";s oath is not me"e %acile !o"#s' #"i%t an# hollo!' $t a sac"e# t"$st that
m$st e $phel# an# 7ept in,iolale& (Seastian vs. Calis, "000)
• *t is <O a me"e ce"emon o" %o"malit %o" p"acticing la!& E,e" la!e" sho$l# at all
times !eigh his actions acco"#ing to the s!o"n p"omises he ma#e !hen ta7ing the
la!e";s oath& (In !e: rgosino, "001, In !e: rthur 2. Cuevas, "00$).
Pu'&ic O-cia&s with Restrictions in the Practice of Law:
• <o Senato" as meme" o% the 5o$se o% Rep"esentati,e ma pe"sonall appea" as
co$nsel e%o"e an co$"t o% /$stice as e%o"e the Electo"al "i$nals' as 9$asi-/$#icial
an# othe" a#minist"ation o#ies (rt. 6I, Sec. "3, "0$1 Constitution).
• Un#e" the Local Go,e"nment Co#e (! 1"47, Sec. 0")Sangg$nian meme"s ma
p"actice thei" p"o%essions p"o,i#e# that i% the a"e meme"s o% the a"' the shall
not
• appea" as co$nsel e%o"e an co$"t in an ci,il case !he"ein a local
go,e"nment $nit o" an o4ce' agenc' o" inst"$mentalit o% the go,e"nment is
the a#,e"se pa"t:
• appea" as co$nsel in an c"iminal case !he"ein an o4ce" o" emploee o% the
national o" local go,e"nment is acc$se# o% an oAense committe# in "elation to
his o4ce:
• collect an %ee %o" thei" appea"ance in a#minist"ati,e p"ocee#ings in,ol,ing
the local go,e"nment $nit o% !hich he is an o4cial:
• $se p"ope"t an# pe"sonnel o% the go,e"nment e.cept !hen the Sangg$nian
meme" conce"ne# is #e%en#ing the inte"est o% the go,e"nment&
• Un#e" ! 0"7, Sec. "' as amen#e#' a "eti"e# /$stice o" /$#ge "ecei,ing pension %"om
the go,e"nment' cannot act as co$nsel in an ci,il case in !hich the Go,e"nment' o"
an o% its s$#i,ision o" agencies is the a#,e"se pa"t o" in a c"iminal case !he"ein
an o4ce" o" emploee o% the Go,e"nment is acc$se# o% an oAense in "elation to his
o4ce&
Sec4 734 8uties of Attorneys
o astain %"om all oAensi,e pe"sonalit an# to a#,ance no %act p"e/$#icial to the hono" o""ep$tation o% a pa"t o" !itness' $nless "e9$i"e# the /$stice o% the ca$se !ith !hich he is
cha"ge#:
3g7 9ot 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/
3h7 9ever to re&ect, for any consideration personal to himself, the cause of the
defenseless or oppressed/
3i7 n 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 everydefense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law!
• Barrister (Englan#) B a pe"son entitle# to p"actice la! as an a#,ocate o" co$nsel in
s$pe"io" co$"t&
• Proctor (Englan#) B @o"me"l' an atto"ne in the a#mi"alt an# ecclesiastical co$"ts
!hose #$ties an# $siness co""espon# to those o% an atto"ne at la! o" solicito" in
Chance"&
• "itulo de Abogado : it means not me"e possession o% the aca#emic #eg"ee o%
achelo" o% La!s $t meme"ship in the a" a%te" #$e a#mission the"eto' 9$ali%ing
one %o" the p"actice o% la!&
T@E CO!E O PROESS#ONAL RESPONS#B#L#TY
%ROP REPORTS
CANONS 5>F
%ROP 5
CANON 5
A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct!
Ru&e 5G9, Section 71, ROC
>The commission of unlawful acts, especiall& crimes involving moral turpitude, acts ofdishonest& in violation of the attorne&;s oath, grossl& immoral conduct and deceit are
A lawyer shall not counsel or abet activities aimed at de#ance of the law or at
lessening con#dence in the legal system!
Canon G7, CPE
F la!e" sho$l# not "en#e" an se",ice o" a#,ice to an client B no matte" ho! po!e"%$l o"impo"tant is the ca$se B !hich !ill in,ol,e #isloalt to the la!s o% the co$nt" !hich he is
o$n# to $phol# an# oe&
Canon 52, CPE
Fhe g"eat t"$st o% the la!e" is to e pe"%o"me# !ithin an# !itho$t the o$n#s o% the la!&
he o4ce o% atto"ne #oes not pe"mit' m$ch less #oes it #eman# o% him an client' ,iolation
o% la! o" an manne" o% %"a$# o" chicane"& 5e m$st oe his o!n conscience an# not that o%
his client&
Ru&e 543G
• A lawyer shall not, for any corrupt motive or interest, encourage any suit or
• *% the la!e";s miscon#$ct in the #ischa"ge o% his o4cial #$ties as go,e"nment o4cial
is o% s$ch a cha"acte" as to aAect his 9$alications as a la!e" o" to sho! mo"al
#elin9$enc' he ma e #iscipline# as a meme" o% the a" on s$ch g"o$n#&
(4
84
&4
m4 Ru&e F435
n& he p"ima" #$t o% a la!e" engage# in p$lic p"osec$tion is not to con,ict $t to
see that /$stice is #one& he s$pp"ession o% %acts o" the concealment o% !itnesses
capale o% estalishing the innocence o% the acc$se# is highl "ep"ehensile an# is
ca$se %o" #isciplina" action&
o4 Suare? )s4 P&aton, F< Phi&4 22F
• he inte"est o% a p"osec$to" in a c"iminal p"osec$tions is not to !in a case $t to seethat /$stice is #one& 5e sho$l# see to it that the acc$se# is gi,en a %ai" an# impa"tial
t"ial an# not #ep"i,e# o% an o% his stat$to" o" constit$tional "ights&
p4 Ru&e F437
9& la!e" in the go,e"nment' shall not $se his p$lic position to p"omote o" a#,ance
his p"i,ate inte"ests' no" allo! the latte" to inte"%e"e !ith his p$lic #$ties&
r4 %on?a&es>Austria, et a& )s4 A'a0a, 51F SCRA FGJ
• la!e" !ho hol#s a go,e"nment o4ce ma not e #iscipline# as a meme" o% the
a" %o" miscon#$ct in the #ischa"ge o% his #$ties as a go,e"nment o4cial& 5o!e,e"' i%
the miscon#$ct o% a go,e"nment is o% s$ch a cha"acte" as to aAect his 9$alication asa la!e" o" to sho! mo"al #elin9$enc' then he ma e #iscipline# as a meme" o%
the a" $pon s$ch g"o$n#&
s4 Enri$ue? Sr4 )s4 @on4 %imene?, 531 Phi&4 <GG
• Unli7e a p"acticing la!e" !ho has the "ight to #ecline emploment' a scal cannot
"e%$se the pe"%o"mance o% his %$nctions on g"o$n#s not p"o,i#e# %o" la! !itho$t
a8& la!e" shall not engage# in con#$ct that a#,e"sel "eJects on his tness to
p"actice la!' no" shall he' !hethe" in p$lic o" p"i,ate li%e' eha,e in a scan#alo$s
manne" to the #isc"e#it o% the legal p"o%ession&
'a4
''4 "e&endre? )s4 !ecena,
51F SCRA FF7
• la!e" !ho commits an $nla!%$l act tho$gh not "elate# to the #ischa"ge o% his
p"o%essional #$ties as a meme" o% the a"' !hich p$ts his mo"al cha"acte" is se"io$s
#o$t' "en#e"s him $nt to contin$e in the p"actice o% la!&
'c4 #n re: Pe&ae?, JJ Phi&4
2F1
• he g"o$n#s %o" #isciplina" actions en$me"ate# $n#e" the R$les o% Co$"t a"e not
e.cl$si,e an# a"e so "oa# as to co,e" p"acticall an miscon#$ct o% a la!e" in his
p"o%essional o" p"i,ate capacit&
• To&o?a )s4 Car*o, 515 SCRA 75
#& s o4ce"s o% the co$"t'
la!e"s m$st not onl in %act e o% goo# mo"al cha"acte" $t also e seen o% goo#
mo"al cha"acte" an# lea#ing li,es in acco"#ance !ith the highest mo"al stan#a"#s o%
the comm$nit&
be!
bf!
bg! $A9*9 6
A lawyer shall conduct himself with courtesy, fairness and candor toward his professional colleagues, and shall avoid harassing tactics against opposing counsel
bh!
• he gol#en "$le is m$ch mo"e nee#e# in the legal p"o%ession than in an othe"
• la!e" shall not #elegate to an $n9$alie# pe"son the pe"%o"mance o% an tas7
!hich la! ma onl e pe"%o"me# a meme" o% the a" in goo# stan#ing&
c$4%u'a&&a )s4 Ca*uioa, 19 SCRA G37
• la!e" is p"ohiite# %"om ta7ing as pa"tne" o" associate an pe"son !ho is nota$tho"i8e# to p"actice la! B to appea" in co$"t o" to sign plea#ings& la!e"' !ho is
$n#e" s$spension %"om p"actice o% la! is not a meme" o% the a" in goo# stan#ing&
la!e" !hose a$tho"it to p"actice has een !ith#"a!n #$e to a change in citi8enship
o" allegiance to the co$nt" cannot appea" e%o"e the co$"ts&
cr4 Comments of #BP Committee, pp4 J1>J9
• la!e" can emplo la sec"eta"ies' la in,estigato"s' la #etecti,es' la
"esea"che"s' acco$ntants o" non-la!e" #"a%tsmen' to $n#e"ta7e an tas7 not
in,ol,ing p"actice o% la!& 5e ma also a,ail himsel% o% the assistance o% la! st$#ents
in man o% the el#s o% the la!e";s !o"7' s$ch as the e.amination o% a case la!'
A lawyer owes candor, fairness and good faith to the court!
de!EA lawyer is an ocer of the court exercising a privilege, which isindispensable in the administration of &ustice!
df! E$ourts are entitled to expect only complete honesty from lawyersappearing before them!
dg! E?i0e the court itself, heis an instrument to advance its ends : the speedy, ecient, and impartial
ad&udication of cases!
dh! Rule <!<
la!e" shall not #o an %alsehoo#' no" consent to the #oing o% an in Co$"t' no"
shall he mislea# o" allo! the Co$"t to e misle# an a"tice
A lawyer swore, upon his admission to the practice, that he will do no
falsehood and conduct himself according to the best of his 0nowledge anddiscretion with all good #delity to the court and to his client/ never to see0to mislead the courts by an arti#ce or false statement of fact or law!
A lawyer should not conceal the truth from the court, nor mislead the court
in any manner no matter how demanding his duties to his client may be! 9o client is entitled to receive from the lawyer any service involving
dishonesty to the courts! A lawyer should neither endeavor by dishonest means to mislead the court
or the adverse party nor ma0e false allegations in a pleading!
t is improper for counsel of the accused to as0 him to plead guilty to an
o;ense which counsel 0nows his client did not commit!
di! $ase%
d&! A S"A"F9" BG "H 4A$I?"G *4
d0!"H I9JRS"G *4 "H .H?..9S $*??1 *4 ?AK
dl! *9 "H A??1A"*9S *4 .?A1ARSF A98 FSR.RS9"A"*9
dm! 9 "H SI.RF $*IR"
#n& Fhe act$al conce"n o% the Co$"t !as to #ete"mine "espon#ents; e.planations
!hethe" o" not "espon#ent meme"s o% the a" ha,e c"osse# the line o% #ecenc an#
imp"ope" inte",ention o" inte"%e"ence as thi"# pa"ties to a pen#ing case&
#o& he Co$"t co$l# ha"#l pe"cei,e an "easonale p$"pose %o" the %ac$lt;s less thano/ecti,e comments e.cept to #isc"e#it the p"il 2' 2010 =ecision in the in$a
case an# $n#e"mine the Co$"t;s honest' integ"it an# competence in a##"essing the
motion %o" its "econsi#e"ation& his "$ns cont"a" to thei" oligation as la! p"o%esso"s
an# o4ce"s o% the Co$"t to e the "st to $phol# the #ignit an# a$tho"it o% this
Co$"t' to !hich the o!e #elit acco"#ing to the oath the ha,e ta7en as atto"nes'
an# not to p"omote #ist"$st in the a#minist"ation o% /$stice&
s$mitting a N#$mmN that !as not a t"$e an# %aith%$l "ep"o#$ction o% the signe#
Statement& 5o!e,e"' the Co$"t is !illing to asc"ie these isolate# lapses in /$#gment
o% =ean Leonen to his misplace# 8eal in p$"s$it o% his o/ecti,es& *n #$e consi#e"ation
o% =ean Leonen;s p"o%esse# goo# intentions' the Co$"t #eems it s$4cient to
a#monish =ean Leonen %o" %ailing to ose",e %$ll can#o" an# honest in his #ealings
!ith the Co$"t as "e9$i"e# $n#e" Canon 10&
dq!
dr4 Ru&e 53437
ds. law&er shall not Anowingl& mis+uote or misrepresent the contents of a paper, the
language or argument of opposing counsel, or the teDt of a decision or authorit&, or
Anowingl& cite as law a provisional read& rendered inoperative & repeal or
amendment, or assert as a fact that which has not een proved.
#n citin* the CourtIs decisions and ru&in*s, it is the 'ounden dut0 of courts,
(ud*es and &aw0ers to reproduce or cop0 the same word>for>word and
punctuation mar8>for>punctuation mar8
dt4 #nsu&ar Life Assurance Co4 Emp&o0ees Association )4 #nsu&ar Life Assurance
Co4 G1 SCRA 7JJ
• Onl %"om the S$p"eme Co$"t;s #ecisions an# "$lings #o all othe" co$"ts' as !ell as
la!e"s an# litigants' ta7e thei" ea"ings& his is eca$se the #ecisions "e%e""e# to in
"ticle o% the Ci,il Co#e !hich "ea#s' F$#icial #ecisions appling o" inte"p"eting the
la!s o" the Constit$tion shall %o"m a pa"t o% the legal sstem o% the Philippines&
du4 CO"ELEC )4 NOYNAY
7<7 SCRA 72J
• la!e" !ho #elie"atel ma#e it appea" that the 9$otations in his motion %o"
"econsi#e"ation !e"e n#ings o% the S$p"eme Co$"t' !hen the !e"e /$st pa"t o% thememo"an#$m o% the Co$"t #minist"ato"' an# !ho misspelle# the name o% the
complainant an# ma#e the !"ong citation o% a$tho"it is g$ilt o% ,iolation o% R$le
10&02 o% the Co#e&
d)4A!EK REALTY )s4 CA 752 SCRA G35 +5<<7.
• he legal p"o%ession #eman#s that all la!e"s tho"o$ghl go o,e" plea#ings' motions'
Traditiona& attires +5. "a&es: Lon*>s&ee)e Baron* Ta*a&o* or coat and tie +7.
ema&es: Semi>forma& attires4 +G. Hud*es a&so appear in the same attire in
addition to '&ac8 ro'es4
Courts ha)e ordered a ma&e attorne0 to wear a nec8tie and ha)e prohi'ited
a fema&e attorne0 from wearin* a hat4 @owe)er, the permission of a dress
with a hem&ine ;)e inches a'o)e the 8nee was he&d to 'e accepta'&e as
such Mhad 'ecome an accepted mode of dress e)en in p&aces of worship
A*uirre
A &aw0er who dresses improper&0 ma0 'e cited with contempt +A*pa&o.
eh4 Ru&e 55437
ei& la!e" shall p$nct$all appea" at co$"t hea"ings&
e(4 "AR#A LOR!ES PARE!ES>%ARC#A )s4 CORT O APPEALS and @ON4
ESCOLAST#CO "4 CRK, HR4
• s a la!e"' she is o$n# he" oath to con#$ct he"sel% as a la!e" acco"#ing to the
est o% he" 7no!le#ge an# #isc"etion !ith all goo# #elit as !ell to the co$"ts as to
he" client& She sho$l# ne,e" %o"get that p$nct$alit is not onl a p"actice man#ate# the Co#e o% P"o%essional Responsiilit 3D an# Canons o% P"o%essional Ethics'3+
it is a ,i"t$e !hich m$st e %aith%$ll maintaine# as pa"t o% he" cont"i$tion in the
tas7 o% ens$"ing a spee#' e4cient' an# eAecti,e a#minist"ation o% /$stice& *% the
petitione" then ha# committe# a "each o% he" #$t to the co$"t she sho$l#
acco"#ingl e #ealt !ith $t in acco"#ance !ith estalishe# p"oce#$"e& he "ight to
#o so is he"e "ese",e# to the "espon#ent $#ge&
• She sho$l# ne,e" %o"get that p$nct$alit is not onl a p"actice man#ate# the Co#e
o% P"o%essional Responsiilit an# Canons o% P"o%essional Ethics' it is a ,i"t$e !hich
%,& la!e" shall not appea" %o" t"ial $nless he has a#e9$atel p"epa"e# himsel% on the
la! an# the %acts o% his case' the e,i#ence he !ill a##$ce an# the o"#e" o% its
p"e%e"ence& 5e sho$l# also e "ea# !ith the o"iginal #oc$ments %o" compa"ison !ith
the copies&
Kithout adequate preparation, the lawyer may not be able to e;ectively
assist the court in the ecient administration of &ustice!
fw!
fx! 9on'observance of this rule might result in%
%& (a) he postponement o% the p"e-t"ial o" hea"ing' !hich !o$l# th$s entail #ela in the
ea"l #isposition o% the case
%8& () he /$#ge ma consi#e" the client non-s$ite# o" in #e%a$lt
ga& (c) he /$#ge ma consi#e" the case #eeme# s$mitte# %o" #ecision !itho$t client;s
e,i#ence' to his p"e/$#ice& gpalo
*'4 "artin= s Le*a& Ethics,
p4 J1, 5<99 ed4
• 5al% o% the !o"7 o% the la!e" is #one in the o4ce& *t is spent in the st$# an#
"esea"ch& *na#e9$ate p"epa"ation ost"$cts the a#minist"ation o% /$stice&
*c4i&&asis )4 CA +5<1J.
• ne!l hi"e# co$nsel !ho appea"s in a case in the mi#st"eam is p"es$me# an#
olige# to ac9$aint himsel% !ith all the antece#ent p"ocesses an# p"ocee#ings that
ha,e t"anspi"e# in the "eco"# p"io" to his ta7eo,e"&
*d4 Ru&e 5743G
ge& la!e" shall not' a%te" otaining e.tensions o% time to le plea#ings' memo"an#a o""ie%s' let the pe"io# lapse !itho$t s$mitting the same o" oAe"ing an e.planation %o"