The Importance of Upholding Legal Ethics: The Perils of Forum Shopping

Atty. Joseph Vincent T. Go v. Atty. Virgilio T. Teruel, A.C. No. 11119, November 04, 2020

Imagine a legal system where cases are filed repeatedly in different courts, clogging the judicial process and undermining the trust in the administration of justice. This scenario isn’t just a hypothetical; it’s a real issue known as forum shopping, which was at the heart of a significant case decided by the Philippine Supreme Court. In the case of Atty. Joseph Vincent T. Go against Atty. Virgilio T. Teruel, the Court tackled the ethical boundaries of legal practice, particularly the prohibition against filing multiple actions arising from the same cause.

The central issue revolved around whether Atty. Teruel had engaged in forum shopping by filing two separate complaints against Atty. Go, one on behalf of his client and another in his own name, both essentially addressing the same grievances. This case sheds light on the ethical duties of lawyers and the consequences of breaching those duties.

Legal Context: Understanding Forum Shopping and the Code of Professional Responsibility

Forum shopping is a practice where a party seeks a favorable ruling by filing multiple lawsuits in different courts over the same issue. In the Philippines, this practice is explicitly prohibited by the Rules of Court and the Code of Professional Responsibility (CPR), which sets out the ethical standards for lawyers.

The CPR, specifically Rules 12.02 and 12.04, as well as Canon 8, emphasize a lawyer’s duty to avoid filing multiple actions and to not misuse court processes. Rule 12.02 states, “A lawyer shall not file multiple actions arising from the same cause,” while Rule 12.04 adds, “A lawyer shall not unduly delay a case, impede the execution of a judgment or misuse Court processes.” These rules are designed to ensure the efficient administration of justice and prevent the courts from being overwhelmed by repetitive litigation.

Moreover, the Lawyer’s Oath, which every Filipino lawyer takes, includes the promise “not to wittingly or willingly promote or sue any groundless, false, or unlawful suit, nor give aid nor consent to the same.” This oath underscores the ethical obligation of lawyers to uphold the integrity of the legal system.

An example to illustrate this: Imagine a property dispute where one party files the same case in different courts, hoping one will rule in their favor. This not only delays the resolution of the dispute but also wastes judicial resources and potentially manipulates the legal process.

Case Breakdown: The Journey of Atty. Go vs. Atty. Teruel

The case began with Atty. Go filing a complaint against Atty. Teruel for allegedly misrepresenting facts in a civil case they were opposing counsels in. Atty. Go accused Atty. Teruel of filing a complaint for falsification and perjury, and also violating the CPR.

Subsequently, Atty. Teruel filed a counter-complaint against Atty. Go, and a day earlier, his client, Rev. Fr. Antonio P. Reyes, filed a similar complaint against Atty. Go. Both complaints were prepared by Atty. Teruel and contained nearly identical allegations, leading Atty. Go to argue that Atty. Teruel had engaged in forum shopping.

The Integrated Bar of the Philippines (IBP) initially dismissed Atty. Go’s complaint, finding no willful and deliberate forum shopping due to Atty. Teruel’s disclosure of the existing complaint. However, Atty. Go appealed to the Supreme Court, which referred the case to the Office of the Bar Confidant (OBC).

The OBC recommended a six-month suspension for Atty. Teruel, finding that he had indeed committed forum shopping by filing two actions with the same cause. The Supreme Court agreed, emphasizing the importance of preventing the misuse of judicial processes.

Key quotes from the Supreme Court’s decision include:

• “The essence of forum shopping is the filing of multiple suits involving the same parties for the same cause of action, either simultaneously or successively, for the purpose of obtaining a favorable judgment.”
• “Lawyers should not trifle with judicial processes and resort to forum shopping because they have the duty to assist the courts in the administration of justice.”

Practical Implications: Navigating the Ethics of Legal Practice

This ruling serves as a stern reminder to lawyers about the importance of adhering to ethical standards. It highlights the consequences of engaging in practices that undermine the legal system’s integrity, such as forum shopping.

For lawyers, this case underscores the need to carefully consider the implications of filing multiple actions and to ensure compliance with the CPR and the Lawyer’s Oath. It also emphasizes the importance of transparency and good faith in legal proceedings.

For individuals and businesses involved in legal disputes, this ruling reinforces the importance of choosing ethical legal representation. It’s crucial to work with lawyers who prioritize the integrity of the legal process and avoid tactics that could delay justice.

Key Lessons:

• Adhere strictly to the rules against forum shopping to avoid disciplinary action.
• Transparency and good faith are essential in all legal proceedings.
• Choose legal representation that respects the ethical standards of the profession.

Frequently Asked Questions

What is forum shopping?
Forum shopping is the practice of filing multiple lawsuits in different courts over the same issue to seek a favorable ruling.

Why is forum shopping prohibited?
It is prohibited because it clogs the judicial system, delays justice, and can be used to manipulate legal outcomes.

What are the ethical duties of lawyers in the Philippines?
Lawyers must uphold the Code of Professional Responsibility, which includes not filing multiple actions arising from the same cause and not misusing court processes.

What are the consequences of engaging in forum shopping?
Lawyers found guilty of forum shopping may face disciplinary actions, such as suspension from the practice of law.

How can individuals ensure they are represented by ethical lawyers?
Individuals should research lawyers’ reputations, check for any disciplinary actions, and ensure their lawyer adheres to the CPR and the Lawyer’s Oath.

ASG Law specializes in legal ethics and professional responsibility. Contact us or email hello@asglawpartners.com to schedule a consultation.