Lawyer’s duty to encourage settlement, C3S8 CPRA

Section 8, Canon III SECTION 8. Lawyer's duty to encourage settlement. - A lawyer shall encourage the client to avoid, end or settle a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be compromised under the law and will admit of a fair settlement. To this end, the lawyer shall actively assist the parties and the court, tribunal, or other government agency to effect mediation and/or dispute resolution. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Lawyer's duty to encourage settlement a. Encourage settlement “Discourage litigation. Persuade your neighbor to compromise whenever you can. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough.” – Abraham Lincoln Under this section, lawyers are required to “encourage the client to avoid, end or settle a controversy, whether pending or not, in order to reach a settlement or a compromise if the matter can be compromised under the law and will admit of a fair settlement.” Masayon v. Renta, En Banc, A.C. No. 13471, January 17, 2023, Per Kho, Jr., J.: • [Respondent-lawyer's] act of requiring a reward in exchange for his clients' agreement to the settlement, respondent not only engaged in dishonest conduct, but also, ironically, discouraged any potential settlement for complainants became wary of respondent and did not continue any communication regarding settling the dispute.57 He likewise undermined...