Arrogant and abusive

All lawyers must conduct themselves with courtesy, fairness and candor towards their fellow lawyers and avoid harassing tactics against opposing counsel. This is the rule that Atty. Fermin violated in this case.

Atty. Fermin was counsel for the plaintiff in a civil case where the opposing counsel for the defendant was Atty. Bernie. When Atty. Bernie filed his answer with motion to dismiss the complaint filed by Atty. Fermin, the latter replied and alleged that the answer “is fraught with culpable and grave misrepresentation and falsification of documents committed to mislead the court”; that Atty. Bernie presented “a grossly falsified document in violation of his oath of office as a government employee and as a member of the bar”; and that the answer of Atty. Bernie are “all lies and mere fabrications”, which are sufficient “grounds for disbarment”. The affidavit however showed that when it was executed and notarized Atty. Bernie had no part in it as he was not yet a lawyer then or one of its signatory.

Then before the start of the hearing of the case, Atty. Fermin, who was then evidently drunk, threatened Atty. Bernie in the presence of other counsels, court personnel and litigants as follows: Laban kung laban, patayan kung patayan, kasama ang lahat ng familya. Wala na palang magaling na abogado (sa lugar) na ito, ang abogado na rito ay mga taga (ibang lugar), umuwi na kayo dun hindi kayo taga rito”.

Atty. Bernie thus filed a complaint against Atty. Fermin before the Integrated Bar of the Philippines seeking his disbarment, suspension from practice of law or imposition of appropriate disciplinary action. After hearing the side of Atty. Fermin who merely denied the accusations, the IBP recommended that he be suspended for one year. Was the IBP correct?

Yes. A Lawyer shall not, in his professional dealings, use language which is abusive, offensive or otherwise improper (Rule 1.08, Canon 8, Code of Professional Responsibility). Atty. Fermin’s actions do not measure up to this Canon. He imputed the falsification of the affidavit to Atty. Bernie with pure malice for he had no evidence that said document had been falsified and that Atty. Bernie authored the same. Lawyers should always use dignified language in their pleadings despite the adversarial nature of our legal system.

Atty. Fermin also violated Canon 7, Rule 7.08 prohibiting lawyers “to engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession”. His drunken invectives against Atty. Bernie before the start of the court hearing was intended to annoy, humiliate, incriminate and discredit the latter in the presence of lawyers, court personnel and litigants waiting for the start of the hearing. This language is unbecoming of a member of the legal profession. Though a lawyer’s language may be forceful and emphatic, it should always be dignified and respectful, befitting the dignity of the legal profession. Atty. Fermin ought to have realized that this kind of public behavior can only bring down the legal profession in the public estimation and erode public respect for it. Whatever moral righteousness he had was negated by the way he expressed his indignation. His display of arrogance, misbehavior and misconduct in the performance of his duties as a lawyer and officer of the court, before the public and the court was a patent transgression of the very ethics that lawyers are sworn to uphold (Barandon Jr. vs. Ferrer Sr., A.C. 5768, March 26, 2010, 616, SCRA, 529).

Note: Books containing compilation of my articles on Labor Law and Criminal Law (Vols. I and II) are now available. Call tel. 7249445.

* * *

E-mail at: [email protected]