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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVIII. LEGAL AND JUDICIAL ETHICS WITH PRACTICAL EXERCISESB. Code of Professional Responsibility and Accountability (A.M. No. 22-09-01-SC)2. Canon 2 - Proprietyk. Duty not to encroach or interfere in another lawyer’s engagement - Section 24

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Question

Canon 2 - Propriety: Duty not to encroach or interfere in another lawyer’s engagement

In the legal profession, it is essential to uphold the principle of propriety, which includes the duty not to encroach or interfere in another lawyer's engagement. This duty ensures respect for the professional relationship between lawyers and their clients. Section 24 of Canon 2 specifies the prohibition on such encroachment or interference.

For the practical application of this provision, consider the following scenario:

A prominent lawyer, Attorney Garcia, was engaged by Client A to handle a high-profile criminal case. The trial is set to begin next week. However, another lawyer, Attorney Reyes, has been observed making attempts to contact Client A and offering his legal services for the same case. Attorney Garcia is concerned that Attorney Reyes is trying to encroach on his engagement and interfere with his relationship with Client A.

In light of Canon 2 and Section 24, discuss the following:

  1. What does Canon 2, particularly Section 24, state regarding the duty not to encroach or interfere in another lawyer's engagement?
  2. Based on the given scenario, are Attorney Reyes' actions considered a violation of Canon 2? Explain why or why not.
  3. If Attorney Garcia wants to address his concerns regarding Attorney Reyes' actions, what possible steps can he take in accordance with Canon 2?

Answer

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