Prayer in relation to the Lawyer and the Courts

In Benedictine spirituality, prayer is both individual and communal, and includes prayerful
reflection on scripture (Lectio Divina). In the Rule, Benedict tells us, "Hold nothing dearer than
Christ," and encourages us that when it's time for prayer, we shoud drop everything and get on
with it. Prayer is the Opus Dei -- the "work of God." Benedict teaches that the ordinary things of
daily life, done carefully and lovingly, with attention and reverence, can be a way of prayer, a
way to God. Benedict advises, "Prayer ought to be short and pure." (Rule, Ch. 20.)
For Benedict, prayer is inseparable from living and working; it's integrated completely
with life, in all its joys and sorrows. We can build all kinds of cues into life to call us to prayer.
Remember that Church bells used to be rung to call people outside to lift up their hearts in prayer.
Likewise, the telephone ringing and the knock on the door can be calls to stop what we are doing,
recall the truth about what we are about to undertake and pray for grace to serve Christ in it.
Benedict went to great pains to develop a balanced system of worship. His understanding was that
common prayer, and private prayer and recollection, were absolutely necessary for a healthy
spiritual life.
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Lawyers duty to the court:
1. Respect and loyalty
2. Fairness, truth and candor
3. No attempt to influence courts

CANON 10 A Lawyer owes candor, fairness and good faith to the court.
Rationale: The burden cast on the judiciary would be intolerable if it could not take at face
value what is asserted by counsel.

Rule 10.01 A lawyer shall not do any falsehood, nor consent to the doing of any in court; nor
shall he mislead or allow the court to be mislead by any artifice.
A lawyer must be a disciple of truth. His high vocation to the court as an officer thereof is
to correctly inform the court upon the law and the facts of the case and to aid in doing justice and
arriving at correct conclusion. The courts are entitled to expect only complete honesty from
lawyers appearing and pleading before them. While a lawyer has the solemn duty to defend his

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Benedictine Spirituality for the Agora Michael Anne Haywood, 2003, which can be found at
http://home.earthlink.net/~haywoodm/BenedictineSp.html
clients cause, his conduct must never be at the expense of the truth. (Young v. Batuegas, A.C.
5379, May 2003)
The lawyer should not, in the defense of his client, distort the facts in disregard of the
truth and the law by putting a witness on the stand whom he knows will give a false testimony.
(People v. Manobo, 18 SCRA 30, 1996)

Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of the paper, the
language or the argument of opposing counsel, or the text of a decision of authority, or knowingly
cite as law a provision already rendered inoperative by repeal or amendment, or assert as a fact
that which has not been approved.
Rationale: It would lead to the detriment of other courts, layers and the public who may
be misled.

Rule 10.03 A lawyer shall observe the rules of procedure and shall not misuse them to defeat the
ends of justice.
The Rules on Procedure is intended to facilitate the delivery of justice to those whom it is
due without unnecessary expense and waste of time for truly justice delayed is justice denied.

CANON 11 A lawyer shall observe and maintain the respect due to the courts and to judicial
officers and should insist on similar conduct by others.
Rationale: Disrespect toward the court would necessarily undermine the confidence of the
people in the honesty and integrity of the members of the court, and consequently to lower or
degrade the administration of justice by the court.
All lawyers are expected to recognize the authority of the Supreme Court and obey its
lawful processes and orders. Despite errors which one may impute on the orders of the Court,
these must be respected, especially by the bar or the lawyers who are themselves the officers of
the court (Yap-Paras v. Atty. Paras, A.C. 4947, June 7, 2007)

Rule 11.01 A lawyer shall appear in court properly attired.
Rule 11.02 A lawyer shall punctually appear at court hearings.
Rule 11.03 A lawyer shall abstain from scandalous, offensive, or menacing language or behavior
before the courts.
Respectful subordination Even those gifted with superior intellect, are enjoined to rein
up their tempers (Zaldivar v. Gonzales, 166 SCRA 316, 1988)
Lawyers must be respectful not only in actions but also in the use of language whether in
oral arguments or in pleadings.

Rule 11.04 A lawyer shall not attribute to a Judge motives not supported by the record or having
no materiality to the case.
Primary duty to assist the court in the administration of justice. The relation between
counsel and judge should be based on mutual respect and on a deep appreciation by one of the
duties to the other cordial relationship and mutual cooperation for speedy and efficient justice
(Cervantes v. Atty. Sabio, A.C. No. 7882)

Rule 11.05 A lawyer shall submit grievances against a judge to the proper authorities already.
A lawyer is an officer of the court. He occupies a quasi-judicial office with a tripartite
obligation to the courts, to the public and to his clients. The public duties of the attorney take
precedence over his private duties. His first duty is to the courts. Where duties to the courts
conflict with his duties to his clients, the latter must yield to the former.
Criticisms of courts must not spill the walls of decency. There is a wide difference
between fair criticism and abuse and slander of courts and judges. Intemperate and unfair
criticism is a gross violation of the duty to respect the courts. It amounts to misconduct which
subjects the lawyer to disciplinary action. A mere disclaimer of any intentional disrespect by
appellant is not a ground for exoneration. His intent must be determined by a fair interpretation
of the languages employed by him. He cannot escape responsibility by claiming that his words did
not mean what any reader must have understood them to mean.
A lawyer can demand that the misbehavior of a judge be put on record. Lawyers must be
courageous enough to expose arbitrariness and injustice of courts and judges. A lawyer may
submit grievances against judges in the Supreme Court, Ombudsman, or Congress (for
impeachment of SC judges only).
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CANON 12 A lawyer shall exert every effort and consider it his duty to assist in the speedy and
efficient administration of justice.


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Legal Ethics Chapter III The Lawyer and the Courts, which can be found at
http://lawphilreviewer.wordpress.com/tag/legal-ethics-chapter-iii-the-lawyer-and-the-courts/
Rule 12.01 A lawyer shall not appear for trial unless he has adequately prepared himself with the
law and the facts of his case, the evidence he will adduce and the order of its preference. He
should also be ready with the original documents for comparison with the copies.

Rule 12.02 A lawyer shall not file multiple actions arising from the same cause.
Forum shopping omission to disclose pendency of appeal or prior dismissal of his case by
a court of concurrent jurisdiction. Forum shopping exists when as a result of an adverse opinion in
one forum: a party seeks favorable opinion (other than by appeal or certiorari) in another; or
when he institutes two or more actions or proceedings grounded on the same cause, on the
gamble that one or the other would make a favorable disposition (Benguet Electric Corp. vs.
Flores, 287 SCRA 449, March 12, 1998).
The most important factor in determining the existence of forum-shopping is the
VEXATION caused the courts and party-litigants by a party who asks different courts to rule on the
same related causes, asking the same relief. Forum shopping constitutes DIRECT CONTEMPT of
court and may subject the offending lawyer to disciplinary action.

Rule 12.03 A lawyer shall not, after obtaining extensions of time to file pleadings, memoranda or
briefs, let the period lapse without submitting the same or offering an explanation for his failure to
do so.

Rule 12.04 A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse
court processes.

Rule 12.05 A lawyer shall refrain from talking to his witness during a break or recess in the trial,
while the witness is still under examination.

Rule 12.06 A lawyer shall not knowingly assist a witness to misrepresent himself or to
impersonate another.

Rule 12.07 A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience
him.
Rights and obligations of a witness a witness must answer questions, although his
answer may tend to establish a claim against him. However, it is the right of a witness:
1. to be protected from irrelevant, improper, or insulting questions and from harsh or
insulting demeanor;
2. not to be detained longer than the interest of justice requires;
3. not to be examined except only as to matters pertinent to the issue;
4. not to give any answer which will tend to subject him to a penalty for an offense unless
otherwise provided by law, or
5. not to give answer which will tend to degrade his reputation, unless it be to the very fact
at issue or to a fact from which the fact in issue would be presumed. But a witness must
answer to the fact of his previous final conviction for an offense. (Rule 132, Sec. 3, RRC)

Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except:
a. On formal matters, such as the mailing, authentication or custody of an instrument and the like.
b. On substantial matters, in cases where his testimony is essential to the ends of justice, in which
event he must, during his testimony, entrust the trial of the case to another counsel.

CANON 13 A lawyer shall rely upon the merits of his cause and refrain from any impropriety
which tends to influence, or gives the appearance of influencing the court.

Rule 13.01 A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for, cultivating familiarity with judges.
The judge has the corresponding duty not to convey or permit others to convey the
impression that they are in a special position to influence the judge. Discussing cases with the
judge privately should be avoided.

Rule 13.02 A lawyer shall not make public statements in the media regarding a pending case
tending to arouse public opinion for or against a party.
Test when public statement is contemptuous: the character of the act done and its direct
tendency to prevent and obstruct the discharge of official duty.
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Rule 13.03 A lawyer shall not brook or invite interference by another branch or agency of the
government in the normal course of judicial proceedings.

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Ibid.
To warrant a finding of prejudicial publicity, there must be an allegation and proof that
the judges have been unduly influenced, not simply that they might be, by the barrage of
publicity. Lawyer is equally guilty as the client if he induces the latter to cause the publicity.