Tria, Joylyn I.

So much of our time, were just lost. We say Please, God, tell us what is right, tell us what is good. There is no justice. The rich win. The poor are powerless. We become tired of hearing people lies. And after a time we become dead, a little dead. We think of ourselves as victims, and we become victims. We become weak. We doubt ourselves. We doubt our beliefs. We doubt our institutions. And we doubt our law. I believe that these very words uttered by Atty. Frank Galvin, the primary protagonist in the movie, during his summation best illustrate the entire movie. The film depicts the real events that transpire in the profession of law. At times, lawyers turn out to be ruthless, egocentric and insensitive because of the nature of their work. They tend to crash into anyones way to get what they want even if it may put others in prejudice. This is the reason why the law requires lawyers to act in accordance with the set of rules set forth under the Code of Professional Responsibility. As the main defenders of justice, they are anticipated to act with decency and uprightness. Practice what you preach as they say. In view of this, allow me to relate excerpts from the movie to our subject, Problem Areas in Legal Ethics. Ethical issue/s of Atty. Frank Galvin

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Galvin forcibly opened the mail box for the purpose of obtaining the information about Kaitlin Costello (another witness of the former). Evidently, no permission was given to him hence, it was improperly and arbitrarily acquired by him. As a lawyer, Galvin should refuse in doing such act and should observe at all times the proper demeanor.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal business.

Due to Franks frustration, he frequently goes to funerals not to sympathize or condole with the grieving families but to make solicitations. Out of desperation, he gives his calling card to the surviving families and tells falsehood to get their attention. At one point, he told one weeping family that he was a friend of their father and handed his business card to offer his legal service. He took advantage of bereaved people.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law, nor shall he, whether in public or private life, behave in a scandalous manner to the discredit of the legal profession.

In the movie, Atty. Galvin was an alcoholic, hopeless and a penniless lawyer. Although habitual drunkenness is not unethical and dishonorable per se, it becomes one when it starts to interfere and adversely affect your profession and ability to properly serve your client and discharge your duties. By reason of his alcoholism, Galvin had only four (4) cases in three years under his name and loss all such cases. He was asked to take Sallys case but failed to focus on it due to his addiction in alcohol. He had to attend the court in two weeks time and he hadnt even looked at the file given to him. It took him 18 long months before he decided to take the case seriously.

Rule 18.04 - A lawyer shall keep the client informed of the status of his case and shall respond within a reasonable time to clients request for information.

Atty. Franks client, Sally Doneghy, wanted a settlement of the case from the very beginning. The proceeds were supposed to be used to pay for Deborahs hospital and medical bills and to fuel their dream of moving forward and start a new life. However, Atty. Frank arbitrarily refused to accept the offer given by the opposition without informing Sally. Likewise, he asked that the case be heard on trial without informing his client. No matter how noble his intention is, Frank, as a mere representative of Sally, must inform all pertinent information relating to the case.CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE FEES.

Before being struck by Deborahs condition, Atty. Frank was also in favor of settlement knowing that he can get a lion share of the amount. When asked by Sally how much he must get for his service, he said 1/3 of the penny should be due to him. That means he will get $70,000 out of $210,000 which is obviously unreasonable and excessive considering his clients poor condition. A settlement case need not require an enormous amount of time, skill and resources. He should have considered the status of his client in computing the amount owing to him. Fees should counterweigh the services rendered. Ethical issues of Atty. Concannon CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING COUNSEL.

Concannon, the defense counsel, is practicing law under a big law firm that has many resources to win the case. Such resources should be used only under reasonable and justifiable grounds and not to the prejudice of others. In the movie, Concannon used his money to pay Laura for spying Galvin so that, he will be aware of whatever actions being taken by Galvin and then, he can take steps to avert the latter from doing so. It appears clearly that Concannon used all the means he has, though unlawful, for his own benefit in winning the case.

Rule 12.06 - A lawyer shall not knowingly assist a witness to misrepresent himself or to impersonate another.

Generally, a lawyer is not prohibited in preparing and reviewing his witness in making testimonies, however, if it will cause the witness to testify falsely and differently from the truth then it becomes contrary to the underlying principles of law. Concannons approach in rehearsing how Dr.Towler will testify cross the line that a lawyer should not alter or change the substance of the testimony of a witness and should not influence the latter as well.

Ethical issue/s of the Judge

The judge has also committed numerous unethical, immoral and unprofessional actions and remarks. Before trial, he tried to use his authority to convince Atty. Franklin to favor settlement in order to protect the integrity and reputation of the respondent doctors as well as those the bishops that protect them. He even said a fella trying to comeback would take this settlement, get a record for himself, I myself would take it and run like a thief. A judge should never use his power and moral ascendancy to influence a counsel on things which he desires to happen. The judges partiality all throughout the trial was evident. When Atty. Frank asked for an extension, the judge refused to such request even if the formers request was reasonable specifically Dr. Grubers abrupt disappearance.

If we find it so complex, how the hell do you think youll make a jury to find it deposition, bargain agreement; the jury convincing the jury to settle despite opposition a fellas trying to comeback would take this settlement, get a record for himself, I myself would take it and run like a thief Refusal by the jury when Frank requested for an extension despite being reasonable disappearance of a witness I have no sympathy to you holding grudge

You all guys are the same. You dont care who you hurt. All you care about is a dollar. Youre a bunch of whores. Youve got no loyalty. Judge counseling for the defense, impartial Bribery???? Was offered with money and a chance to repractice law

Getting evidence by use of _____ (telephone bill)

Misrepresentation

Slapping

So much of our time, were just lost. We say please, God, tell us what is right, tell us what is good. There is no justice. The rich win. The poor are powerless. We become tired of hearing people lie. And after a time we become dead. A little dead. We think of ourselves as victims. And we become victims. We become weak. We doubt ourselves. We doubt our believes. We doub our institutions. And we doubt our law.