2015 Legal and Judicial Ethics, Q4
The Lawyer’s Oath is a source of obligation and its violation is a ground for suspension, disbarment, or other disciplinary action. State in substance the Lawyer’s Oath. (3%)
Suggested answer only. Not an official answer and not legal advice.
In substance, the Lawyer's Oath requires an attorney to maintain allegiance to the Republic, obey the Constitution and laws, commit no falsehood, promote no groundless suits, delay no person for money or malice, and practice law with fidelity to courts and clients.
Under Section 3, Rule 138 of the Rules of Court and the Code of Professional Responsibility and Accountability, the Lawyer's Oath is a solemn pledge and fundamental source of ethical obligation, the violation of which constitutes a legal ground for suspension or disbarment.
Here, the Oath obligates every lawyer to conduct oneself with good fidelity to courts and clients, uphold the rule of law, and assist in the administration of justice. Any violation of these sworn duties directly breaches professional ethics.
Therefore, the Lawyer's Oath embodies the core ethical duties of a lawyer, and its breach subjects the offender to disciplinary sanction.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
What is the legal significance of the Lawyer's Oath under Rule 138 of the Rules of Court?
The Lawyer's Oath is a fundamental source of legal ethics binding on all lawyers.
What does a lawyer explicitly swear regarding courts of law under the Lawyer's Oath?
The Lawyer's Oath explicitly commands an attorney to do no falsehood in court.
What is the penalty for a lawyer who commits a gross violation of the Lawyer's Oath?
Violation of the Lawyer's Oath is a ground for suspension or disbarment.
Under the Lawyer's Oath, what is a lawyer prohibited from doing regarding legal suits?
The Lawyer's Oath strictly prohibits promoting or suing groundless or false suits.
How long does the duty of an attorney to abide by the Lawyer's Oath endure?
Adherence to the Lawyer's Oath is a continuing requirement throughout a lawyer's career.
Learn more about these topics
1. Lawyer's Oath Obligations
Under Rule 138, Section 3 of the Rules of Court and the Code of Professional Responsibility and Accountability, the Lawyer's Oath serves as a fundamental source of ethical obligation. A lawyer swears solemn allegiance to the Republic of the Philippines, to support its Constitution, and to obey the laws and legal orders of duly constituted authorities. The oath is not a mere ceremony or formality, but a condensed code of legal ethics that binds an attorney throughout their professional career.
2. Fidelity to Justice
The Lawyer's Oath commands an attorney to do no falsehood, nor consent to the doing of any in court. A lawyer pledges not to wittingly or willingly promote or sue any groundless, false, or unlawful suit, nor give aid or consent to the same. Furthermore, a lawyer promises not to delay any person's cause for money or malice, ensuring that legal remedies are pursued with good fidelity to both the courts and clients.
3. Disciplinary Liability Basis
Violation of the Lawyer's Oath constitutes an independent legal ground for administrative disciplinary action, including suspension or disbarment from the practice of law. Because the oath embodies the highest standards of morality, honesty, and professional integrity, any willful breach of its provisions demonstrates unfitness to remain a member of the Bar. Maintaining good moral character and strict adherence to the oath are continuing requirements for practicing law.
TopicsCode of Professional Responsibility and Accountability (CPRA)45Lawyer's Oath3Legal Ethics18