Canon 12

Canon 12A lawyer shall exert every effort and consider his duty to assist in the speedy and efficient administration of justiceDuty to Assist in the Speedy and Efficient Administration of JusticeLawyers are officers of the Court.Bound to assist in the speedy and efficient administration of justice.A duty for Judges as well.Deplorable state of congested court dockets.IllustrationsAppealing a case for the purpose of delay in order to drain the resources of the poorer party and to compel the other party to submit out of sheer exhaustion obstructs and defeats the administration of justice.Instructing a client to plead guilty to a crime which the lawyer knows his client did not commit. Rule 12.01A lawyer shall not appear for trial unless he has adequately prepared himself on 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.Duty to be Prepared for TrialFacts Applicable Laws Pleadings/Memorandum

IllustrationIn display of utter lack of preparation, a counsel entered his appearance in a case that has already been terminated and decided with finality one year and eight months earlier. Te court called this a bizarre behavior on the part of the lawyer.Rule 12.02A lawyer shall not file multiple actions arising from the same causeDuty not to Engage in Forum ShoppingThe act of malpractice condemned as trifling with courts and abusing their processes.The rule on forum-shopping applies only to judicial cases or proceedings and not administrative.If the forum shopping is not considered to be deliberate and willful, the cases shall be dismissed without prejudice.Executed by the petitioner, not by the counsel.Elements of Forum-ShoppingIdentities of parties or at least such parties as represent the same interest in both actionsIdentity of the rights asserted and the reliefs prayed for, the relief being founded in the same factsIdentity of the two preceding particularsWays by which Forum Shopping may be committed.Filing multiple cases based on the same cause of action and with the same prayer, the previous case not having been resolved.Filing multiple cases based on the same cause of action and with the same prayer, the previous case being resolved.Filing multiple cases based on the same cause of action but with different prayers.

IllustrationsFilling an action for annulment of the sale and recovery of property alleged inherited from the deceased will not prosper where the same property and the same claim are pending adjudication in a separate proceeding for the settlement of the testate estate of the deceased.A lawyer was suspended for filing three petitions for review, emanating from the same cause, before three different divisions of the Supreme Court.Rule 12.03A 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.Duty to File Pleadings SeasonablyThe grant of extension of time to file pleadings is a liberality of the granting authority.Extension of time for filing of briefs will not be allowed except for good and sufficient cause and only if the motion for extension is filed before expiration of the time sought to be extended.

Duty of a lawyer hired midstreamWhen a new lawyer is engaged midstream when the case of ongoing litigation, the new lawyer us obliged to work double time to bring himself up-to-date with the case.IllustrationHaving been granted his three motions for extension of time to file his comment in the complaint in disbarment case, not only did he fail to file a comment but also did not even bother to explain such failure notwithstanding the SCs resolution declaring him waving the filing of comment. Respondent was directed to file his comment on the disbarment but he never did . The respondents strategy to file piecemeal motions for extension of time to submit the comment smacks of delaying tactic scheme that is unworthy if a member of the barRule 12.04A lawyer shall not unduly delay a case, impede the execution of a judgement or misuse Court processesDuty Against Dilatory Moves and Misuse of Court ProcessesDuty to expedite litigation.Delay breeds disrespect for the law and brings the administration of justice and brings the administration of justice into disrepute.Technicalities should not be improperly used to thwart substantial justice.Treble costs against dilatory and frivolous appeals and tactics.IllustrationWhere the decision in the civil case had reached finality and where execution of such decision was being effected, respondent should not have filed a petition for certiorari considering that there is no apparent purpose for it than to delay the execution of a valid judgement.

Rule 12.05A lawyer shall refrain from talking to his witness during a break or recess in the recess in the trial, while the witness is still under examinationDuty Not to Coach a Witness Under ExaminationWitness Protection vs. Witness CoachingWitness Coaching is perceived as obfuscating the truth or instructing the witness to lie.Witness Preparation should occur before the testimony and the counsel should not coach the witness during a deposition or during a break in sworn testimony.IllustrationNecessarily, attempting to influence the answers of a witness during the actual examination is equally reprehensible. Thus, in a disbarment case, where the lawyer attempted to interrupt a clarificatory questioning by a hearing Commissioner to try to coach his client or influence him to answer questions in an apparent attempt not to incriminate him, tends to obstruct, perverts or impedes the administration of justice constitutes misconduct.Rule 12.06A lawyer shall not knowingly assist a witness to misinterpret himself or impersonate anotherDuty Not to Present a False WitnessProhibits the use if fraudulent, false, or prejured testimony or evidence.When false evidence is provided by the client, the lawyer should persuade the client that the evidence should not be offered or its false character be disclosed.Liability of a corrupt witnesses. Rule 12.07A lawyer shall not abuse, browbeat or harass a witness nor needlessly inconvenience him Duty to Respect WitnessA witness is presumed to enlighten the court with facts within the witness personal knowledge.Such witness should be respected and treated with politeness and courtesyRights of a WitnessTo be protected from irrelevant, improper, or insulting questions, and from harsh or insulting, demeanor.Not to be detained longer than the interests of justice require.Not to be examined only as to matters pertinent to the issue.Not to give an answer which will tend to subject him to a penalty for an offense unless otherwise provided.Not to give answer which will tend to delegate his reputation, unless it be to the very fact at issue or to a fact from which the fact in issue would be presumed.Rule 12.08A lawyer shall avoid testifying in behalf of the client, except:On formal matters, such as mailing, authentication or custody of an instrument and the likeOn 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 to another counsel.Duty Not to be a Witness and Counsel at the Same TimeIf a lawyer is both counsel and a witness, he becomes more easily impeachable for interest and thus may be a less effective witness.It is designed to protect the integrity of the advocates professional role by preserving the distinction between advocacy and testimony.It is corollary to the rule that an advocate may not inject personal beliefs as to the cause into argument to the judge.Duty Not to be a Witness and Counsel at the Same TimeProhibition does not apply to a former counselLawyers may become a witness when his testimony is vital, but to avoid ethical issues, he must withdraw from active management of the case.