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Limitations of Lawyers pt.1

The document discusses the limitations and restrictions of government lawyers in the practice of law under Canons 6, 6.01, and 6.03 of the Code of Professional Responsibility. It outlines two doctrines from cases - Ali VS Bubong establishes that a lawyer holding government office may be disciplined as a lawyer for misconduct that violates their oath, and Olazo VS Tinga establishes that lawyers in government are held to higher ethical standards and their private activities should not interfere with official functions.

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Paolo Bañadera
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39 views1 page

Limitations of Lawyers pt.1

The document discusses the limitations and restrictions of government lawyers in the practice of law under Canons 6, 6.01, and 6.03 of the Code of Professional Responsibility. It outlines two doctrines from cases - Ali VS Bubong establishes that a lawyer holding government office may be disciplined as a lawyer for misconduct that violates their oath, and Olazo VS Tinga establishes that lawyers in government are held to higher ethical standards and their private activities should not interfere with official functions.

Uploaded by

Paolo Bañadera
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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I.

Limitations/ Restrictions of Government Lawyers in the Practice of Law


a. Canon 6
b. Canon 6.01
i. Public Prosecutor
c. Canon 6.02
i. Applicability of Rule
ii. Prohibitions of Public Officials and Employees during their Incumbency
1. Ali VS Bubong
Doctrine: the general rule is that a lawyer who holds a government
office may not be disciplined as a member of the bar for infractions he
committed as a government official, he may, however, be disciplined as
a lawyer if his misconduct constitutes a violation of his oath a member
of the legal profession.

2. Olazo VS Tinga
Doctrine: Since public office is a public trust, the ethical conduct
demanded upon lawyers in the government service is more exacting
than the standards for those in private practice. Lawyers in the
government service are subject to constant public scrutiny under norms
of public accountability. They also bear the heavy burden of having to
put aside their private interest in favor of the interest of the public; their
private activities should not interfere with the discharge of their official
functions.

iii. Canon 6.03


1. Olazo VS Tinga
Doctrine: to fall within the ambit of Rule 6.03 of the Code of
Professional Responsibility, the respondent must have accepted
engagement or employment in a matter which, by virtue of his public
office, he had previously exercised power to influence the outcome of
the proceedings.

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