ETHICAL VIOLATIONS IN THE MOVIE “THE RAINMAKER”

1. Ambulance-chasing.
 Rule 1.03* - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause.

2. Rudy Baylor entered into a contract with the Blacks before he even became a lawyer, implying
that he can represent them when in fact he hasn’t even taken the bar examinations yet
 Rule 18.01* - A lawyer shall not undertake a legal service which he knows or should know
that he is not qualified to render.

3. Bruiser and Rudy Baylor tolerated the illegal practice of law by Deck Schifflet who was a non-
lawyer.
 Canon 9* -A lawyer shall not, directly or indirectly, assist in the unauthorized practice of
law.

4. Deck and Rudy had an agreement to split whatever they earn 50-50. This is Fee-splitting with a
non-lawyer.
 Rule 9.02* - A lawyer shall not divide or stipulate to divide a fee for legal services with
persons not licensed to practice law.

5. Deck Schifflet was also tolerated in soliciting legal business.

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

6. While engaged in ambulance-chasing, Deck claimed that he was a lawyer and that his law firm
“handles more care wrecks than anybody in Memphis. Insurance companies are terrified of us,
and we don’t charge a dime.”
 Rule 3.01* - A lawyer shall not use or permit the use of any false, fraudulent, misleading,
deceptive, undignified, self-laudatory or unfair statement or claim regarding his
qualifications or legal services.

7. Champertuous contract. The contract engaging the law firm was champertous when it said that
they would handle all the expenses of the case and they get 1/3 of any recovery.
 Canon 20* - A lawyer shall charge only fair and reasonable fees.

8. The judge met with the lawyers in his chambers to discuss about his decision to grant the
motion to dismiss the case
 Canon 1, Section 1**. Judges shall exercise the judicial function independently on the basis
of their assessment of the facts and in accordance with a conscientious understanding of
the law, free of any extraneous influence, inducement, pressure, threat or interference,
direct or indirect, from any quarter or for any reason.
 Canon 3, Section 4**. Judges shall not knowingly, while a proceeding is before or could
come before them, make any comment that might reasonably be expected to affect the
outcome of such proceeding or impair the manifest fairness of the process.

9. The judge wanted to dismiss the case and for Rudy to refile it in Federal Court to unclog his
court docket
 Canon 3, Section 1**. Judges shall perform their judicial duties without favor, bias or
prejudice.
 Canon 3, Section 4**. Judges shall not knowingly, while a proceeding is before or could
come before them, make any comment that might reasonably be expected to affect the
outcome of such proceeding or impair the manifest fairness of the process.

10. There was an obvious familiarity between the judge and the defense counsel in a way that they
tag-teamed Rudy Baylor in convincing him to accept the offer of $75,000.
 Rule 13.01* - A lawyer shall not extend extraordinary attention or hospitality to, nor seek
opportunity for cultivating familiarity with Judges.
 Canon 2, Section 1**. Judges shall ensure that not only is their conduct above reproach, but
that it is perceived to be so in the view of a reasonable observer.
 Canon 6, Section 7. Judges shall not engage in conduct incompatible with the diligent
discharge of judicial duties.

11. Bruiser and his partner were involved in a money skimming scandal, jury tampering and tax
evasion.

*Code Of Professional Responsibility

**New Code of Judicial Conduct for the Philippine Judiciary
  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.

12. There was also the matter of evidence tampering where the defense removed a certain
“Section U” in the employee handbook, threw away board resolution of Great Benefit on bone
marrow transplant, and fired a claims handler among others, all in order to destroy any
evidence against them.
 Rule 15.07* - A lawyer shall impress upon his client compliance with the laws and principles
of fairness.

13. The counsels for Great Benefit also resorted to wire-tapping the telephone in Rudy’s law office.
 Rule 19.01* - A lawyer shall employ only fair and honest means to attain the lawful
objectives of his client and shall not present, participate in presenting or threaten to
present unfounded criminal charges to obtain an improper advantage in any case or
proceeding.

14. There was a violation of the rule on privileged communication when he told his client’s son that
his client had a fortune.
 Rule 15.02* - A lawyer shall be bound by the rule on privilege communication in respect of
matters disclosed to him by a prospective client.

15. Presenting stolen evidence in court, although it was later on justified by a previous ruling.
 Code of Professional Ethics 22(4). A lawyer should not offer evidence which he knows the
court should reject, in order to get the same before the jury by arguments for its
admissibility xxx.

*Code Of Professional Responsibility

**New Code of Judicial Conduct for the Philippine Judiciary