unethical

got a comment from one of your moderators that it is unethical to comment on topic if they deem you already have an atty handling ur case.

i am uninitiated when it comes to legal procedures but this came to me as a surprise. coz in the real world we can freely ask opinion from as many medical practitioners without them commenting it is unethical to 'shop for doctors'.

Life and liberty are most important to man. and i wonder why the principles that govern the conscience of those who preserve our life greatly differ from those who safeguard our liberty.

a friend of mine gave me a clue about this surprising tenet among attys. they take it as an insult if you consult with another atty. why is that, when a doctor does not take it as an insult and even encourages clients to have as many opinions as possible regarding a problem?

is it because one considers the patient's welfare as paramount while the other takes his pride and turf as most important?

From our Canons of Professional Responsibility

7. Professional colleagues and conflicts of opinions

A client's proffer of assistance of additional counsel should not be regarded as evidence of want of confidence, but the matter should be left to the determination of the client. A lawyer should decline association as colleague if it is objectionable to the original counsel, but if the lawyer first retained is relieved, another may come into the case.

When lawyers jointly associated in a cause cannot agree as to any matter vital to the interest of the client, the conflict of opinion should frankly stated to him for his final determination. His decision should be accepted unless the nature of the difference makes it impracticable for the lawyer whose judgment has been overruled to cooperate effectivity. In this event it is his duty to ask the client to relieve him.

Efforts, direct or indirect, in any way to encroach upon the professional employment of another lawyer are unworthy of those who should be brethren at the bar; but, nevertheless, it is the right of any lawyer, without fear or favor, to give proper advice to those seeking relief against unfaithful or neglectful counsel, generally after communication with the lawyer against whom the complaint is made.

i maintain that your own lawyer is in the best position to advise you on a particular matter, more so because this is just an internet forum where there will definitely be some details not included and documents are never reviewed.

it is not so much pride that i strictly adhere to this canon of professional responsibility but also self-preservation. it is arguable that i am encroaching in the employment of another lawyer, because some posters here have become my clients.

if you are already represented by counsel and wish our advise, i request that you state that you believe you current counsel has been negligent.

^Ditto.

mas tama naman yung POV ni attyLLL.

Also, comparing the practice of law and medicine is improper. Sa medicine if you have the complete patient history another doctor could give you a second opinion (ang labanan dito ay SCIENCE). In law the opinion of one lawyer will definitely be different from the opinion of another lawyer even if you have the complete case file because the APPRECIATION of the facts and the law differs from lawyer to lawyer (kahit nga from Supreme Court justice to Supreme Court justice eh).

Also, there is a practical basis for supporting AttyLLL's POV. A CLIENT SHOULD NEVER SECOND GUESS HIS LAWYER unless THE LATTER HAS BEEN NEGLIGENT OR IS TOTALLY INCOMPETENT. The negligence should be totally inexcusable and the incompetence readily apparent as shown by his acts and pleadings. Please understand that the practice of law takes years of study. a laymen could never understand the intricacies of law by simply asking another lawyer, or worse, asking questions from forums such as this one.

To be sure, you could always ask for second opinions just tell the second lawyer that you already have someone representing you AND ask for your primary counsel's permission first. just remember to stay out of the way of your lawyer (meaning never second guess him). and if you want to bring in someone else either to replace your lawyer or to co-counsel with him. ALWAYS ask for your lawyer's permission first.

I subscribe to the post of atty.LLL

Agree! Legal profession is very much different from other profession. That is why in Law School Legal Ethics is also being studied. The purpose of that study is for every law students to be guided on the importance of ethics in the legal profession.
Well, in fact, doctors also follow their ethics as well in the exercise of their profession. I experienced that with my dentist. Permission and consent from your previous dentist is always necessary if you want another dentist to continue the treatment for you or else they will not accept your case and they will not continue the treatment.

I agree.

A lawyer-client relationship can be described as one reposed with confidence. To seek advice from another while engaged in said relatioship is really unethical.

I have several experience with these breed of individuals. They would even tell you, "according to Atty. Ganito, ganito daw dapat..". Then dun ka na lang!! How can a lawyer be 100% with his work to you when you are not 100% to your lawyer.

I also agree! this forum is intended to launch intelligent discussion based on the facts provided. Those posting their inquiries should be aware of the DISCLAIMER... its clear and free from vagueness so it should not be given interpretation!!!!

Mabuhay!

Tama ang rules ng ethics..pero ito rin rules of ethics nakakasanhi para me hindi magtapat sa kaso at lumakas loob mag negligentce sa kaso ..kasi alam nga nila hindi magbibigay ng opinyon iba pag meron ng me hawak ng kaso kasi mamari makagulo..me punto naman..pero dapat paalam parin sa cliente ano ang procedure dapat open yun..at ang abogado ng cliente ipaliwanag ang plano niya at strategy sa cliente niya para maunawa..ang mahirap dito kasi.marami hindi nagpapaliwanag o pinapaintindi sa client abogado niya kaya sa iba tuloy nagtatanong...kaya me negligence mga abogado madalas sa pakikipag communicate sa client nila para maging at ease sila...kahit me rules of ethic , hindi kasama iyan sa pag sasabi ng open ano procedure..dahil ang procedure karapatan ng lahat malaman iyan wag itatago sa client..pati strategy na gagamitin nila.....marami pag nagtanong ka sa ibang abogado...kahit procedure ayaw sabihin kaya yun ang mali...iba ang pagsasabi ng procedure iba naman ang pagsabi ng advice kung ano gawin...ang advice strategy ano gawin yun ang pede minsan wag sabihin kung meron na me hawak kaso..pero ang procedure dapat pinagtatapat at open iyan sabihin sa client at sa biktima ..

I agree with Atty. LLL and Sir b_9904.