Lawyer’s duty & discretion in procedure, C1S5 CPRA

Section 5, Canon I SECTION 5. Lawyer's duty and discretion in procedure. -A lawyer shall not allow the client to dictate or determine the procedure in handling the case. Nevertheless, a lawyer shall respect the client's decision to settle or compromise the case after explaining its consequences to the client. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Lawyer’s duty and discretion in procedure a. No to allowing client to dictate or determine procedure in handling the case Lawyers are responsible and accountable for a case. The bucket stops with the handling lawyers, so to speak. The Supreme Court was appalled at the [respondent-lawyer’s] boldness in saying that his failure to file the position paper in the tenancy case was due to the complainant’s fault. He lost sight of the fact that he was engaged by the complainant to plead his case in the tenancy dispute in the way he (respondent) believed the case should be handled, not in any other way. Under the [old Code of Professional Responsibility], a lawyer “shall not allow his client to dictate the procedure in handling the case.” Thus, we cannot accept his lame excuse that the complainant failed to provide him with the documents he needed in the preparation of the position paper and that he and the complainant had a difference of opinion on how the case should be handled. Notably, even the Investigator recognized that the complainant submitted documents to the respondent; whatever was lacking could ...