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Reviewer in Legal Ethics

February 7, 2016
Genevieve A. Taylan
I.

LEGAL ETHICS
A. Practice of Law (Rule 138)
1. Concept
Practice of Law means any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience.
Generally, to practice law is to give notice or render any kind of service, which
device or service requires the use in any degree of legal knowledge or skill.
a. Privilege Practice of law is not a matter of right but merely a privilege
bestowed upon individuals who are not only learned in the law but who are
also known to possess good moral character. It cannot be assigned or
inherited, but must be earned by hard study and good conduct.
b. Profession, not business The practice of law is a profession and not a
business as it is an essential part in the administration of justice, a profession
in pursuit of pecuniary reward is considered as merely incidental; it is a
pursuit of learned art in the interest of public service.
2. Qualifications
Practice of law are reserved only to those who are:
o Academically trained in law and
o Possessed of good moral character not only at the time of his admission to
the Bar but even more so, thereafter, to remain in the practice of law
3. Appearance of non-lawyers
a. Law student practice general rule is that only those who are licensed to
practice law can appear or handle cases in court.
b. Non-lawyers in courts
c. Non-lawyers in administrative tribunals
d. Proceedings where lawyers are prohibited from appearing
4. Sanctions for practice or appearance without authority
a. Lawyers without authority
b. Persons not lawyers
5. Public Officials and practice of law
a. Prohibition or disqualification of former government attorneys
b. Public Officials who cannot practice law or with restrictions
6. Lawyers authorize to represent the government
7. Lawyers oath

I___________ of ___________ do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will
support its Constitution and obey laws as well as the legal orders of the duly constituted authorities therein; I will do no
falsehood, nor consent to the doing of any court; I will not wittingly nor willingly promote or sue any groundless, false or
unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a
lawyer according to the best of my knowledge and discretion with all good fidelity as well to the courts as to my clients; and
I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.

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