LEGAL ETHICS is a branch of moral science, which treats of the duties which an

attorney owes to the court, to the client, to his colleagues in the profession and to the
public as embodied in the Constitution, Rules of Court, the Code of Professional
Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special
laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court ecisions
!. Statistics
". Constitution
#. $reatises and publications
Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BA !" BE#CH
BA % Refers to the whole body of attorneys and body of judges.
BE#CH % denotes the whole body of counselors, collecti&ely the members of
the legal profession.
Practice of La$ any acti&ity, in or out of court which re'uires the application of law,
legal procedure, (nowledge, training and e)perience. $o engage in the practice of law is
to gi&e notice or render any (ind of ser&ice, which or de&ise or ser&ice re'uires the use
in any degree of legal (nowledge or s(ill *Cayetano v. Monsod, 201 SCRA 210).
Attorney%at%la$&Co'nsel%at%la$&Attorney&Co'nsel& A(oga)o&Boceros: that class
of persons who are licensed o+cers of the courts, empowered to appear prosecute and
defend and upon whom peculiar duties, responsibilities, and liabilities are de&eloped by
law as a conse'uence(Cui v. Cui, 120 Phil. 2!).
Attorney in fact an agent whose authority is strictly limited by the instrument
appointing him, though he may do things not mentioned in his appointment necessary
to the performance of the duties speci,cally re'uired of him by the power of attorney
appointing him, such authority being necessarily implied. -e is not necessarily a
lawyer.
Co'nsel de Ofcio a counsel, appointed or assigned by the court, from among
members of the .ar in good standing who, by reason of their e)perience and ability,
may ade'uately defend the accused.
"ote# /n localities where members of the .ar are not a&ailable, the court may appoint
any person, resident of the pro&ince and good repute for probity and ability, to defend
the accused. Se$. , Rule 11%, Rules of Court.
Attorney ad hoc a person named and appointed by the court to defend an absentee
defendant in the suit in which the appointment is made *&ienvenu v. 'a$tor(s of )raders
*nsuran$e Cp., ++ ,a.Ann.20!)
Attorney of ecor) one who has ,led a notice of appearance and who hence is
formally mentioned in court records as the o+cial attorney of the party. Person whom
the client has named as his agent upon whom ser&ice of papers may be made.
*Reynolds v. Reynolds, Cal.2d-.0).
Of Co'nsel to distinguish them from attorneys of record, associate attorneys are
referred to as 0of counsel1 *- A/. 0ur. 2%1).
Lea) Co'nsel $he counsel on their side of a litigated action who is charged with the
principal management and direction of a party2s case.
Ho'se Co'nsel 3awyer who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer.
Bar Association % an association of members of the legal profession.
A)*ocate $he general and popular name for a lawyer who pleads on behalf of
someone else.
Barrister *England4 % a person entitled to practice law as an ad&ocate or counsel in
superior court.
Proctor *England4 % 5ormerly, an attorney in the admiralty and ecclesiastical courts
whose duties and business correspond to those of an attorney at law or solicitor in
Chancery.
Titulo de Abogado it means not mere possession of the academic degree of
.achelor of 3aws but membership in the .ar after due admission thereto, 'ualifying one
for the practice of law.
A)mission to the Practice of La$
$he S'preme Co'rt has the power to control and regulate the practice of law. $hus,
the Constitution, under 6rticle 7///, Sec. # *#4 pro&ides8
Se$. -. )he Supre/e Court shall have the follo1in2 po1ers#
(-) Pro/ul2ate rules $on$ernin2 the prote$tion and enfor$e/ent of $onstitutional
ri2hts, pleadin2, pra$ti$e and pro$edure in all $ourts, the ad/ission to the pra$ti$e of
la1, the *nte2rated &ar, and le2al assistan$e to the under privile2ed.
$he Supreme Court acts through a Bar E+amination Committee in the E)ercise of his
judicial function to admit candidates to the legal profession.
The Bar E+amination Committee:
Composed of *14 member of the Supreme Court who acts as Chairman and eight
*94 members of the bar.
$he 9 members act as e)aminers for the 9 bar subjects with one subject assigned
to each.
$he .ar Con,dant acts as a sort of liason o+cer between the court and the .ar
Chairman on the other hand, and the indi&idual members of the committee on the
other. -e is at the same time a deputy cler( of court.
6dmission of e)aminees is always subject to the ,nal appro&al of the court.
Practice of La$
$he practice of law is a pri&ilege granted only to those who possess the S$R/C$
/:$E33EC$;63 6: <=R63 >;63/5/C6$/=:S re'uired of lawyers who are instruments in
the e?ecti&e and e+cient administration of justice. **n Re# Ar2osino, 1!!).
e,'irements for a)mission to the Bar:
1. citi@en of the Philippines
2. at least 21 years old
!. of good moral character
". Philippine resident
#. Production before the supreme court satisfactory e&idence of8
1. good moral character
2. no charges against him, in&ol&ing moral turpitude, ha&e been ,led or are
pending in any court in the Philippines.
e,'irement of Goo) -oral Character: a continuing re'uirementA good moral
character is not only a condition precedent for admission to the legal profession, but it
must also remain intact in order to maintain one2s good standing in that e)clusi&e and
honored fraternity. *)apu$ar vs. )apu$ar, 1!!.)
Aca)emic e,'irements for Can)i)ates:
1. a bachelor2s degree in arts and sciences *preBlaw course4
2. a completed course in8
1. ci&il law
2. commercial law
!. remedial law
". public international law
#. pri&ate international law
C. political law
D. labor and social legislation
9. medial jurisprudence
E. ta)ation
1F. legal ethics
#on%la$yers $ho may (e a'thori.e) to appear in co'rt:
1. Cases before the M)C8 Party to the litigation, in person =R through an agent or
friend or appointed by him for that purpose *Se$. +3, Rule 1+., RRC)
2. &efore any other $ourt8 Party to the litigation, in person **bid.)
+. Cri/inal $ase before the M)C in a lo$ality 1here a duly li$ensed /e/ber of the
&ar is not available8 the judge may appoint a nonBlawyer who is8
1. resident of the pro&ince
2. of good repute for probity and ability to aid the accused in his
defense (Rule 11%, Se$. , RRC).
3. 3egal 6id Program % 6 senior la1 student, who is enrolled in a recogni@ed law
school2s clinical education program appro&ed by the supreme Court may appear
before any court without compensation, to represent indigent clients, accepted by
the 3egal Clinic of the law school. )he student shall be under the dire$t
supervision and $ontrol of an *&P /e/ber duly a$$redited by the la1 s$hool.
-. ;nder the 3abor code, nonBlawyers may appear before the :3RC or any 3abor
6rbiter, if
1. they represent themsel&es, or if
2. they represent their organi@ation or members thereof (Art 222, P4 332, as
a/ended).
%. ;nder the Cadastral 6ct, a nonBlawyer can represent a claimant before the
Cadastral Court (A$t no. 22-!, Se$. !).
P'(lic O/cials $ho cannot engage in the pri*ate practice of La$ in the
Philippines:
1. Gudges and other o+cials as employees of the Supreme Court (Rule 13., Se$. +-,
RRC).
2. =+cials and employees of the =SH (*bid.)
+. Ho&ernment prosecutors (People v. 5illanueva, 13 SCRA 10!).
3. President, 7iceBPresident, members of the cabinet, their deputies and
assistants (Art. 5*** Se$. 1-, 1!. Constitution).
-. <embers of the Constitutional Commission (Art *67A, Se$. 2, 1!. Constitution)
%. =mbudsman and his deputies (Art. *6, Se$. . (2
nd
par), 1!. Constitution)
. 6ll go&ernors, city and municipal mayors (R.A. "o. 1%0, Se$. !0).
.. $hose prohibited by special law
P'(lic O/cials $ith estrictions in the Practice of La$:
1. 1. :o Senator as member of the -ouse of Representati&e may personally
appear as counsel before any court of justice as before the Electoral $ribunals, as
'uasiBjudicial and other administration bodies (Art. 5*, Se$. 13, 1!. Constitution).
2. ;nder the 3ocal Ho&ernment Code (RA 1%0, Se$. !1)Sanggunian members may
practice their professions pro&ided that if they are members of the .ar, they shall
not8
1. appear as counsel before any court in any ci&il case wherein a local
go&ernment unit or any o+ce, agency, or instrumentality of the go&ernment
is the ad&erse partyA
2. appear as counsel in any criminal case wherein an o+cer or employee of
the national or local go&ernment is accused of an o?ense committed in
relation to his o+ceA
!. collect any fee for their appearance in administrati&e proceedings
in&ol&ing the local go&ernment unit of which he is an o+cialA
". use property and personnel of the go&ernment e)cept when the
Sanggunian member concerned is defending the interest of the go&ernment.
+. ;nder RA !10, Se$. 1, as amended, a retired justice or judge recei&ing pension
from the go&ernment, cannot act as counsel in any ci&il case in which the
Ho&ernment, or any of its subdi&ision or agencies is the ad&erse party or in a
criminal case wherein an o+cer or employee of the Ho&ernment is accused of an
o?ense in relation to his o+ce.
Attorney0s Oath:
8*, 999999999999999999, do sole/nly s1ear that * 1ill /aintain alle2ian$e to the
Republi$ of the Philippines: * 1ill support its $onstitution and obey the la1s as 1ell as
the le2al orders of the duly $onstituted authorities therein: * 1ill do no falsehood, nor
$onsent to the doin2 of any in $ourt: * 1ill not 1illin2ly nor 1ittin2ly pro/ote or sue any
2roundless, false or unla1ful suit, or 2ive aid nor $onsent to the sa/e: * 1ill delay no
/an for /oney or /ali$e, and 1ill $ondu$t /yself as a la1yer a$$ordin2 to the best of
/y ;no1led2e and dis$retion, 1ith all 2ood <delity as 1ell to the $ourt as to /y $lients:
and * i/pose upon /yself this voluntary obli2ations 1ithout any /ental reservation or
purpose of evasion. So help /e =od.> *5orm 29, RRC4
#at're of La$yer0s Oath
$he lawyer2s oath is not mere facile words, drift and hollow, but a sacred trust
that must be upheld and (ept in&iolable. *Sebastian vs. Calis, 1!!!)
/t is :=$ a mere ceremony or formality for practicing law. E&ery lawyer should at
all times weigh his actions according to the sworn promises he made when ta(ing
the lawyer2s oath. **n Re# Ar2osino, 1!!, *n Re# Arthur M. Cuevas, 1!!.).
Co)e of Professional esponsi(ility
Chapter 1:
La$yer an) Society
CA#O# 1 % 6 lawyer shall uphold the constitution, obey the laws of the land and
promote respect for law and for legal processes
2'ties of Attorneys:
1. to maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the PhilippinesA
2. to obser&e and maintain the respect due to the courts of justice and judicial
o+cersA
!. to counsel or maintain such actions or proceedings only as appear to him as just,
and such defenses only as he belie&es to be honestly debatable under the lawsA
". to employ, for the purpose of maintaining the causes con,ded to him, such
means only as are consistent with truth and honor, and ne&er see( to mislead the
judge or any judicial o+cer by an arti,ce or false statement of fact or lawA
#. to maintain in&iolate the con,dence, and at e&ery peril to himself, to preser&e the
secrets of his client, and to accept no compensation in connection with his client2s
business e)cept from him or with his (nowledge and appro&alA
C. to abstain from all o?ensi&e personality and to ad&ance no fact prejudicial to the
honor or reputation of a party or witness, unless re'uired by the justice of the
cause with which he is chargedA
D. not to encourage either the commencement or the continuance of an action or
proceeding, or delay any man2s cause for any corrupt moti&e or interestA
9. ne&er to reject, for any consideration personal to himself, the cause of the
defenseless or oppressedA
E. in the defense of a person accused of a crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused, to present e&ery
defense that the law permits, to the end that no person may be depri&ed of life or
liberty, but by due process of law.
'le 1"31 A la$yer shall not engage in 'nla$f'l4 )ishonest4 immoral or
)eceitf'l con)'ct"
Con&iction for crimes in&ol&ing moral turpitude % a number of lawyers ha&e been
suspended or disbarred for con&iction of crimes in&ol&ing moral turpitude such as8
1. estafa
2. bribery
!. murder
". seduction
#. abduction
C. smuggling
D. falsi,cation of public documents
-orality as 'n)erstoo) in la$ % $his is a human standard based on natural
moral law which is embodied in man2s conscience and which guides him to do
good and a&oid e&il.
-oral T'rpit')e: any thing that is done contrary to justice, honesty, modesty
or good morals.
Immoral Con)'ct: that conduct which is willful, Iagrant, or shameless and
which shows a moral indi?erence to the opinion of the good and respectable
members of the community (Ar$i2a vs. Mani1a2, 10% SCRA -!1).
Grossly Immoral Con)'ct: =ne that is so corrupt and false as to constitute a
criminal act or so unprincipled or disgraceful as to be reprehensible to a high
degreeA it is a J/335;3, 536HR6:$ or S-6<E3ESS 6C$ which shows a <=R63
/:/55ERE:CE to the opinion of respectable members of the community. *"ara2
vs. "ara2, 1!!.)
'le 1"35 % 6 lawyer shall not counsel or abet acti&ities aimed at de,ance of the law or
at lessening con,dence in the legal system.
'le 1"36 A la$yer shall not4 for any corr'pt moti*e or interest4 enco'rage
any s'it or procee)ing or )elay any man0s ca'se"
'le 1"37 A la$yer shall enco'rage his clients to a*oi)4 en) or settle the
contro*ersy if it $ill a)mit of a fair settlement"
/f a lawyer ,nds that his client2s cause is defenseless, it is his burdenKduty to
ad&ise the latter to ac'uiesce and submit, rather than tra&erse the
incontro&ertible.
/t is unprofessional for a lawyer to &olunteer ad&ice to bring a lawsuit, e)cept in
rare cases where the blood, relationship or trust ma(es it his duty to do so.
$emper client2s propensity to litigate.
Should not be an instigator of contro&ersy but a mediator for concord and
conciliator for compromise.
$he law &iolated need not be a penal law. 0Moral )urpitude1 % e&erything which is
done contrary to justice, honesty, modesty or good morals.
Hi&e ad&ice tending to impress upon the client and his underta(ing e)act
compliance with the strictest principles of moral law.
;ntil a statute shall ha&e been construed and interpreted by competent
adjudication, he is free and is entitled to ad&ise as to its &alidity and as to what he
conscientiously belie&es to be its just meaning and e)tent.
6 lawyer has the obligation not to encourage suits. $his is so as to pre&ent
barratry and ambulance chasing.
&arratry ? o?ense of fre'uently e)citing and stirring up 'uarrels and suits, either
at law or otherwiseA 3awyer2s act of fomenting suits among indi&iduals and
o?ering his legal ser&ices to one of them.
A/bulan$e Chasin2 ? 6ct of chasing &ictims of accidents for the purpose of
tal(ing to the said &ictims *or relati&es4 and o?ering his legal ser&ices for the ,ling
of a case against the person*s4 who caused the accident*s4.
C6:=: 2 % 6 lawyer shall ma(e his legal ser&ices a&ailable in an e+cient and
con&enient manner compatible with the independence, integrity and e?ecti&eness of
the profession.
'le 5"31 A la$yer shall not re8ect4 e+cept for *ali) reasons4 the ca'se of the
)efenseless or oppresse)"
'le 5"35 In s'ch a case4 e*en if a la$yer )oes not accept a case4 he shall
not ref'se to ren)er legal a)*ise to the person concerne) if only to the e+tent
necessary to safeg'ar) latter0s rights"
'le 5"36 a la$yer shall not )o or permit to (e )one any act )esigne)
primarily to solicit legal ('siness"
Primary characteristics which distinguish the legal profession from businessA
1. duty of ser&ice, of which the emolument is a by product, and in which one may
attain the highest eminence without ma(ing such moneyA
2. a relation as an Lo+cer of court2 to the administration of justice in&ol&ing
thorough sincerity, integrity and reliabilityA
!. a relation to clients in the highest degree of ,duciaryA
". a relation to colleagues at the bar characteri@ed by candor, fairness and
unwillingness to resort to current business methods of ad&ertising and
encroachment on their practice or dealing with their clients.
@efenseless % not in the position to defend themsel&es due to po&erty, wea(ness,
ignorance or other similar reasons.
4ppressed % &ictims of acts of cruelty, unlawful e)action, domination or e)cessi&e
use of authority.
'le on A)*ertisements
General 'le8 :o ad&ertisements allowed. $he most worthy and e?ecti&e
ad&ertisement possible is the establishment of a wellBmerited reputation for
professional capacity and ,delity to trust.
3awyers may not ad&ertise their ser&ices or e)pertise nor should not resort to indirect
ad&ertisements for professional employment, such as furnishing or inspiring newspaper
comments, or procuring his photograph to be published in connection with causes in
which the lawyer has been engaged or concerning the manner of their conduct, the
magnitude of the interest in&ol&ed, the importance of the lawyer2s position, and all
other selfBlaudation.
E+ceptions& Permissi(le a)*ertisements:
1. Reputable law lists, in a manner consistent with the standards of conduct
imposed by the canons, of brief biographical and informati&e data, are allowed.
2. =rdinary simple professional Card. /t may contain only a statement of his name,
the name of the law ,rm which he is connected with, address, telephone number
and the special branch of law practiced.
!. 6 simple announcement of the opening of a law ,rm or of changes in the
partnership, associates, ,rm name or o+ce address, being for the con&enience of
the profession, is not objectionable.
". 6d&ertisements or simple announcement of the e)istence of a lawyer or his law
,rm posted anywhere it is proper such as his place of business or residence e)cept
courtrooms and go&ernment buildings.
#. 6d&ertisements or announcement in any legal publication, including boo(s,
journals, and legal maga@ines.
'le 5"37 A la$yer shall not charge rates lo$er than those c'stomarily or
prescri(e)4 'nless circ'mstances so $arrant"
6 lawyer cannot delay the appro&al of a compromise agreement entered into
between parties, just because his attorney2s fees were not pro&ided for in the
agreement.
Rule8 6 lawyer cannot compromise the case without client2s consent *special
authority4. E)ception8 3awyer has e)clusi&e management of the procedural aspect
of the litigation *e.g. Submission for decision on the e&idence so far presented. .ut
in case where lawyer is confronted with an emergency and promptKurgent action is
necessary to protect clients interest and there2s no opportunity for consultation,
the lawyer may compromise.
Rule8 Refrain from charging rates lower than the customary rates.
!ali) 9'sti:cation8 relati&es, coBlawyers, too poor
CA#O# 6 A la$yer in ma;ing ;no$n is legal ser*ices shall 'se only tr'e4
honest4 fair )igni:e) an) o(8ecti*e information or statement of facts"
'le 6"31 A la$yer shall not 'se or permit the 'se of any false4 fra')'lent4
mislea)ing4 )ecepti*e4 'n)igni:e)4 self%a')itory or 'nfair statement or claim
regar)ing his ,'ali:cations or legal ser*ices"
7iolation of Rule !.F1 is unethical, whether done by him personally or through
another with his permission.
'le 6"35 In the choice of a :rm name4 no false4 mislea)ing4 or ass'me)
name shall (e 'se)" The contin'e) 'se of the name of a )ecease) partner is
permissi(le pro*i)e) that the :rm in)icates in all its comm'nication that sai)
partner is )ecease)"
'le 6"36 <here a partner accepts p'(lic o/ce4 he shall $ith)ra$ from the
:rm an) his name shall (e )roppe) from the :rm name 'nless the la$ allo$s
him to practice la$ conc'rrently"
'le 6"37 A la$yer shall not pay or gi*e anything of *al'e to representati*es
of the mass me)ia in anticipation of4 or in ret'rn for4 p'(licity to attract legal
('siness"
/t is unethical to use the name of a foreign ,rm.
eath of a partner does not e)tinguish attorneyBclient relationship with the law
,rm.
:egligence of a member in the law ,rm is negligence of the ,rm.
CA#O# 7 A la$yer shall participate in the impro*ement of the legal system
(y initiating or s'pporting e=orts in la$ reform an) in the a)ministration of
8'stice"
E)amples8 Presenting position papers or resolutions for the introduction of
pertinent bills in congressA Petitions with the Supreme Court for the amendment of
the Rules of Court.
CA#O# > A la$yer shall ;eep a(reast of legal )e*elopments4 participate in
contin'ing legal e)'cation programs4 s'pport e=orts to achie*e high
stan)ar)s in la$ schools as $ell as in the practical training of st')ents an)
assist in )isseminating information regar)ing the la$ an) 8'rispr')ence"

O(8ecti*es of integration of the Bar
$o ele&ate the standards of the legal profession
$o impro&e the administration of justice
$o enable the .ar to discharge its responsibility more e?ecti&ely.
The three%fol) o(ligation of a la$yer
5irst, he owes it to himself to continue impro&ing his (nowledge of the lawsA
Second, he owes it to his profession to ta(e an acti&e interest in the maintenance
of high standards of legal educationA
$hird, he owes it to the lay public to ma(e the law a part of their social
consciousness.
CA#O# ? These canons shall apply to la$yers in go*ernment ser*ice in the
)ischarge of their o/cial tas;s"
Publi$ 4A$ials % include electi&e and appointi&e o+cials and employees,
permanent or temporary, whether in the career or nonBcareer ser&ice, including
military and police personnel, whether or not they recei&e compensation,
regardless of amount. (Se$. + (b), RA %1+).
$he law re'uires the obser&ance of the following norms of conduct by e&ery
public o+cial in the discharge and e)ecution of their o+cial duties8
1. commitment to public interest
2. professionalism
+. justness and sincerity
3. political neutrality
-. responsi&eness to the public
%. nationalism and patriotism
. commitment to democracy
.. simple li&ing *Se$. 3, RA %1+)
'le ?"31 The primary )'ty of a la$yer engage) in p'(lic prosec'tion is not
to con*ict ('t to see that 8'stice is )one" The s'ppression of facts or the
concealment of $itnesses capa(le of esta(lishing the innocence of the
acc'se) is highly reprehensi(le an) is ca'se of )isciplinary action"
'le ?"35 A la$yer in the go*ernment ser*ice shall not 'se his p'(lic
position to promote or a)*ance his pri*ate interest4 nor allo$ the latter to
interfere $ith his p'(lic )'ties"
'le ?"36 A la$yer shall not4 after lea*ing go*ernment ser*ice4 accept
engagements or employment in connection $ith any matter in $hich he ha)
inter*ene) $hile in sai) ser*ice"
7arious ways a go&ernment lawyer lea&es go&ernment ser&ice8
1. retirement
2. resignation
!. e)piration of the term of o+ce
". dismissal
#. abandonment
@: <hat are the pertinent stat'tory pro*isions regar)ing this 'leA
68 Sec. ! *d4 R6 !F1E as amended and Sec. D *b4, R6 CD1!
Sec !. Corrupt pra$ti$e of Publi$ 4A$ers. /n addition to acts or omission of public
o+cers already penali@ed by e)isting law, the following shall constitute corrupt practice
of any public o+cer and are hereby declared to be unlawful8
*d4 accepting or ha&ing any member of his family accept employment in a pri&ate
enterprise which has pending o+cial business with him during the pendency thereof or
within one year after termination.
Section D *b4 of R6 CD1! prohibits o+cials from doing any of the following acts8
1. own, control, manage or accept employment as o+cer, employee, consultant,
counsel, bro(er, agent, trustee or nominee in any pri&ate enterprise regulated,
super&ised or licensed by their o+ce unless e)pressly allowed by law.
$hese prohibitions shall continue to apply for a period of one *14 year after resignation,
retirement, or separation from public o+ce, e)cept in the case of subparagraph *b4 *24
abo&e, but the professional concerned cannot practice his profession in connection with
any matter before the o+ce he used to be with, in which case the one year prohibition
shall li(ewise apply.
3awyers in the go&ernment ser&ice are prohibited to engage in the pri&ate
practice of their profession unless authori@ed by the constitution or law, pro&ided
that such practice will not conIict or tend to conIict with their o+cial functions.
<isconduct in o+ce as a public o+cial may be a ground for disciplinary action *if
of such character as to a?ect his 'uali,cation as lawyer or to show moral
delin'uency4.
Should recommend the ac'uittal of the accused whose con&iction is on appeal, /5
he ,nds no legal basis to sustain the con&iction.
/ncludes restriction is representing conIicting interest *e.g. 6ccepting
engagements &s. former employer, P:.4
$he =SH is not authori@ed to represent a public o+cial at any state of a criminal
case.