Professional Courtesy Among Lawyers: The Imperative of Civility and Ethical Conduct

The Supreme Court has long held that lawyers must treat each other with courtesy, dignity, and civility. In Reyes v. Chiong (A.C. No. 5148, July 1, 2003), the Court suspended a lawyer for two years for impleading opposing counsel and a prosecutor in a civil case as a tactic to gain leverage in a separate criminal case. The decision serves as a clear reminder that the bickering and hostility of clients should never affect how lawyers conduct themselves toward one another.

The Facts of the Case

Atty. Ramon P. Reyes represented Zonggi Xu, a Chinese-Taiwanese investor who had invested P300,000 in a fishball factory venture that never materialized. When Xu asked for his money back, the other party, Chia Hsien Pan, became hostile. Xu, through Atty. Reyes, filed a complaint for estafa against Pan.

Pan was represented by Atty. Victoriano T. Chiong Jr. During the preliminary investigation, Pan failed to appear at two scheduled hearings and did not submit his counter-affidavit. The investigating prosecutor, Pedro Salanga, filed a criminal complaint for estafa against Pan, and the trial court issued a warrant of arrest.

Instead of availing of the proper remedies—such as filing a motion for reconsideration, a motion for reinvestigation, or an appeal to the justice secretary—Atty. Chiong filed a civil case for collection of sum of money, damages, and dissolution of a business venture against Atty. Reyes, Xu, and Prosecutor Salanga. The civil case was later amended to include the prosecutor and the opposing counsel as defendants.

The Issue

The central question was whether Atty. Chiong violated his lawyer's oath and Canon 8 of the Code of Professional Responsibility by impleading opposing counsel and the prosecutor in a civil case that had no legal basis for their inclusion.

The Ruling

The Supreme Court ruled that Atty. Chiong violated Canon 8 of the Code of Professional Responsibility, which provides that "[a] lawyer shall conduct himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics against opposing counsel."

The Court found that the civil case was filed to gain leverage against the estafa case. There was no need to implead Atty. Reyes and Prosecutor Salanga since they had never participated in the business transactions between Pan and Xu. The suit was filed to harass them.

The Court noted that if Atty. Chiong disagreed with the prosecutor's resolution, he should have used the proper procedural and administrative remedies. He could have filed a motion for reconsideration or reinvestigation, or sought recourse before the justice secretary. In the trial court, a motion to dismiss was available. He could even have instituted disbarment proceedings if he believed the two had conspired to act illegally.

The Duty of Professional Courtesy

The Court emphasized that lawyers are licensed officers of the courts upon whom peculiar duties, responsibilities, and liabilities are devolved by law. Membership in the bar imposes obligations to maintain the dignity of the legal profession and to conduct themselves honorably and fairly.

The decision stressed that lawyers should treat opposing counsels and other lawyers with courtesy, dignity, and civility. A great part of their comfort and success at the bar depends upon their relations with their professional brethren. Any undue ill feeling between clients should not influence counsels in their conduct toward each other.

The Court also rejected Atty. Chiong's excuse that his client insisted on impleading the opposing counsel and the prosecutor. While lawyers owe entire devotion to the interests of their clients, their office does not permit violation of the law or any manner of fraud or chicanery.

Practical Takeaways

• Never use litigation as a weapon against opposing counsel. Filing suits against opposing counsel or prosecutors without legal basis constitutes harassment and violates Canon 8 of the Code of Professional Responsibility.

• Exhaust proper remedies before resorting to collateral attacks. If a lawyer disagrees with a prosecutor's resolution, the proper course is to file motions for reconsideration or reinvestigation, or to appeal to the justice secretary—not to file a separate civil case against the prosecutor.

• Client pressure is not a defense. A lawyer cannot hide behind a client's instructions when those instructions lead to unethical conduct. Lawyers must advise clients of proper legal remedies and refuse to engage in improper tactics.

• Professional courtesy is a professional obligation. The hostility between clients must never spill over into the conduct of their lawyers. Mutual bickering and offensive behavior among lawyers detract from the dignity of the legal profession.

• The esteem of professional brethren is earned. It is born of integrity, character, and skill in the honorable performance of professional duty—not through artifice or harassment.

This article is general information and not legal advice. For your specific situation, consult a lawyer or ask ASG Legal AI.