Legal Profession Reviewer
Legal Profession Reviewer
CHAPTER I (Introductory Chapter) most glamorous profession in the Philippines is the legal
profession
Legal profession most misunderstood and maligned by non-lawyers had the broadest educational background for leadership in
the community
Plato warned against lawyers in the commonwealth however, it takes a lot of effort, expense and time to be
Napoleon had an ingenious plan to starve lawyers by admitted to this noble profession
legislation the study of law is a serious commitment to the cause of
Peter the Great was asked if he had lawyers in his justice
kingdom. He had two, and intends to have one of them
hung Policy-oriented approach (yale-law approach) the lawyers is
Shakespeares play Henry VI the first thing we do, we kill looked up to by his community for his ability to identify the goal
all lawyers values of society
Judge Sharswood a horde of pettifogging, barratrous,
custom-seeking, money-making lawyer, is one of the
greatest curse with which any state or community can be
visited CHAPTER II (History of the Legal Profession)
Another criticism too many lawyers today who are parasites, no Section 1. the English background
ethical standard and who are a disgrace to the noble profession
The legal profession in England and Wales is divided into two
George Malcolm American jurist who started the law school which branches (solicitors and barristers)
became UP College of Law
Legal counseling in relation to professional responsibilities as a 19th Century four great inns of court
lawyer
Lincolns Inn
Problems in legal ethics examining specific problem areas which Inner Temple
may confront lawyers and judges in their exercise of their Middle Temple
profession Grays Inn
Barristers (the bar) Roman Civil law and Canon Law of the Catholic Church
Spain
have a monopoly of the right of audience in the superior English Common Law United States
courts Islamic law from your part of the world
independent of both judges and legislature
May be of any nationality 1734 first law courses were offered in the country in Pontifical
University of Santo Tomas
*Very many people are called to the bar with no intention of
practicing, but mainly with the intention of securing some Spanish was the language of instruction and curriculum
qualification which will advance them in their career. Devoted to civil law, economy, statistics and finance
The Bar (divided into two ranks) 1910 first law courses conducted in English
Queens counsel wears silk gowns and are called Silks or Began in manila YMCA
Leaders / appointed upon the recommendation of the Now UP College of Law established in 1911
Lord Chancellor
Juniors all other barristers
Chancery Training:
Common law bars
Completion of four-year baccalaureate program in arts and
Legal profession in other countries sciences
Four year course of bachelor of laws degree
Similarities tasks and functions with which the profession Admission to the bar is governed by the rules of court
is charged and sense of professional responsibility to the Requires: satisfaction of academic requirements and
client, tribunal and to the public passing the bar given by the committee of the SC
Dissimilarity affected by the political, economic and
social institutions and even by the ideals of its country Goals of law schools:
Bernard Shaw those who can, do those who cant teach prepare the students for the practice of law
assume leadership in different spheres of public service
Justice J.B.L. Reyes those who cant teach, become law deans contribute to the development of Phil. Jurisprudence
Three levels (Role of IBP in legal education) Third attribute: dedicated to a spirit of public service
The Law Teacher Dean Roscoe Pound a learned profession is a group of men
pursuing a learned art in the spirit of public service
In the Phils., as a rule, law teaching is a secondary activity, done
after a full days work by law practitioners or judges or other Relationship (1) to his client, (2) to his profession and (3) to the
government functionaries. public in general
People who devote themselves in professional career in law Responsibilities owed to his clients
teaching (very rare case)
Lawyer client duty to supply intelligent, unselfish leadership to the
forming of public opinion and the determination of
Physician patient important issues
Minister church member Democracy requires leaders, not in the authoritarian sense of
having the power to command, but in the sense of being able
NOTE: there is always a relationship, usually contractual, almost a to persuade others to follow.
status. THERE IS RELATIONSHIP OF TRUST AND CONFIDENCE
COMMENT:
He must be frank and open in his dealings with his clients
He cannot have any interests of his own, no conflict of profession involves the pursuit of a learned art of mastery
interest of which requires training and superior intellectual ability
If he makes personal gain, he holds it in trust for the services rendered are vital to society and are generally
benefit of his client recognized to be so. I cases of lawyers services, regulation
and control of relations between individuals and between
PROBLEM: practice becomes more like a business them and the state
these services are offered to clients who employ them,
Responsibilities owed to the profession
usually for a fee. For-hire basis.
All true professional men recognize that they owe a duty to their The relationship established is by large a personal one
profession (to seek and improve it) Responsibility for securing these services to all who need
them and in such a manner that the public interest will be
To seek and improve the administration of justice best served is left to the profession itself.
To better the procedural rules and substantive rules
Business ethics the principles of fair play and honorable dealing
To find means to eliminate delay in court
which men should observe in business
To find better means of selecting judges
Improving legislative process The Ideal of Service
Duty to engage in research (duty to continue the education
which was started in the university) Rousseau will of all and general will
Duty to know and to comply with the codes of ethics and to
realize the problems that are involved Business
A lawyers distinctly owes the duty to take a case if he
concludes it is justified Activity of businessmen will of all
Should be ready to provide services to the poor without Each in pursuit of his own success
insisting on a fee General will activity which seeks first the common
interests
Responsibilities owed to the society Business cannot assume the aspect of a profession
Profession
the relation between law and social type Audrey Lorde the masters tools will never dismantle the
functions of law in society masters house
modes of operation of law
creation, development, and evolution of law Martha Winow lawyers have much to learn from social change
law, culture, and main social institutions activists who often work outside the formal legal and political
law and social change systems to create institutions to address what they think the law
law and law personnel ignores
these list of problems are comprehensive enough to show how Dean Roscoe Pound economic interpretation of law is law
law would relate to the social sciences of anthropology, interms of a system of rules imposed on men by the dominant class
sociology, political science, psychology and economics in a given society for the furtherance of their interests
The challenges to legal education in the Philippines Curriculum is prescribed by department of education and
culture in its Memorandum Circular no 16 and 30 ,series of
Increasing number of people who seek admission into the 1971
Philippine bar annually Based on curriculum of UP at that time
Adoption of 1973 constitution and the proliferation of laws
recently promulgated To able to cope with the problems of today, one has to be wholly
Several suggested reforms directly affecting legal equipped:
education as to move to abolish bar examinations
Physically
Historical background Emotionally
Mentally
1733 introduction of legal education in the Philippines Spiritually
with the establishment of the faculties of Civil Law and It is not enough to feed the intellect
Canon Law at University of Sto. Tomas
1911 organization of UP college of law founded and set up Legal educators to teach in the classroom what the law is but
by George Malcolm under auspices of the educational what it ought to be
department of the YMCA
Opportunities for a neophyte lawyer
Supervision of law schools
Government service
Subject to administrative supervision of Bureau of Higher Corporate practice
Education of DEPED Business firm
All matters which affect admission to the bar are regulated Administrator
by the SC Counselor
Arbitrator
Bar examination subjects:
Social or economic planner a device used to measure the fitness and capability of a
Faculty law graduate to join the ranks of the professional lawyers
Decision-maker has been transformed into a monster that holds in it
Public servant viselike grip law school administrators, professors,
Management man students, and just about everybody concerned with law
Politician Chief Justice Fred Ruiz Castro possible abolition of the
All of such, a lawyer must be prepared bar examination
Major complaint: the type of questions asked seek to test
training the student to pass, or better, top the bar examination not so much the power of analysis of the examinee, as his
has been the be-all and end-all of most law schools the only retentiveness of memory
subjects offered are those given in the bar examination Experimentation objective type, enumerations, essays
which changes unexpectedly every year
Qualities a young lawyers should have (survey UP) when a client approaches us, he will not ask us to define
terms and enumerate! angry student
Honesty and integrity
Knowledge of law Recommendations to improve the quality of legal education
Language proficiency both spoken and written system and quality of lawyers
Expanded activities of law schools Adaptation of roman-spanish law and American common
law
clinical activities: legal aid services, internship in law New substantive doctrines of law had to be fashioned
offices, courts and government agencies have now been Geniuses of the bar effected the transition by building as
introduced in law schools best it could on the past, rather than by breaking with it
and starting anew
The Bar Examination
Lawyers become numerous during this period, overflowed Weed out students without any aptitude for law
the confines of their profession into society, business, and
most notably, into politics. New teaching methods
Traditional law schools Clinical education method similar to the socratic question
and answer, discussion, or role playing method. Can be
law schools were established to train technically described by common sense notions of learning by doing
competent lawyers which means that by the time a student and also in terms of cognitive psychology
graduates, he must have a good grasp of the important - We depend on the interplay of thought and action to
laws of the land, be able to speak, write and comprehend make sense out of experience and to create some
legal language and understand legal concepts and modes of meaning out of the mass of factual data with which we
thought are continually confronted.
law graduate must possess to a high degree the power of - Important that the student gets a good glimpse of the
legal analysis and reasoning: the ability to think like a lawyering process (to start where all legal problems
lawyer begin) the law office
heavily relied on the recitation system (system found to be
most effective in developing the students power of Educational objectives of the integrated bar
analysis, reasoning, ability, and facility of expression)
inadequate for our purposes today and that certain changes Encourage and foster legal education (legal education
in the method of instructions as well as the curriculum may of the people)
help update it and bring about modern law school Devise and maintain a program of continuing legal
education for practicing attorneys in order to elevate
Ateneo law school conference on legal education (findings) the standards of the profession throughout the country.
(legal education as a professional training)
failure of a lawyer to live up to his professional obligations Conduct campaign to educate the people on their legal
development of the law students memory rather than his rights and obligations, on the importance of preventive
skill in legal analysis and reasoning legal advice, and on the true functions of the Filipino
observation that legal education seems to consist of mere lawyer. (continuing legal education)
spoon feeding of pre-digested information
Legal education generally understood to mean the special training
Law school admissions test that goes into the making of a lawyer but it has long been
recognized that this education does not end with admission to the
all Philippine law school must should adopt some form of a bar
law school admissions test (LSAT)
LSAT is a uniform objective examination designed to Essentiality of knowledge of law
measure some of the mental qualities which are needed for
a successful law study. PREDICTOR of success in law school. Woodrow Wilson every citizen should know what law is,
Formulated to gauge the individuals capacity to read, how it came into existence, what relation its form bears to
understand, and to reason logically with a variety of its substance, and how it gives to society it fiber and
verbal, quantitative and symbolic materials strength
Not only desirable but has become a necessity because of o Bureau of Private Schools regulates the
complexity of modern society. It touches and regulates his establishment and operation of schools offering
life, acts and omissions, his relationship and property instruction at all levels, including law schools
Ignorantia legis non excusat (duties and obligations of o Sets requirements as to faculty, curriculum,
citizens) library, school calendar, etc.
o SC prescribes rules of admission, requirements in
Legal Education at the First level taking the bar
Constitution shall be part of the curriculum in all schools Legal education at the third level continuing legal education
Part of the IBP is commitment to legal education (part of
its objective to encourage and foster legal education, IBP objective to devise and maintain a program of
complement and supplement the formal instruction which continuing legal education for practicing lawyers in order
the school may offer) to elevate the standards of the profession in the country,
Legal education starts from grade school through lessons to create law centers and establish law libraries for legal
in civics and government, through secondary schools to research
college Directed towards improving professional competence
through law institutes
Legal Education at the Second level Legal education proper Lawyers must continue to grow in knowledge and
competence and the rapid changes in society demand that
The professional training in the colleges offering degree they discharge them with skill and thoroughness
courses in law To develop his talents to the maximum, duty which he
Clinical Legal Education owes to the courts of which a practicing lawyer is an
o Affords the student the opportunity to participate officer and to his clients he represents, to the society in
in legal work through interviewing of clients, which he lives and to his colleagues in the profession.
counseling, investigation, limited appearances in
lower courts and admin agencies CHAPTER V (Responsibilities of the Lawyer)
o Acquaints them with real problems and enables
them to see how the bar, bench and the public Lawyer belongs to a privileged class of professionals which
interrelate constitutes the natural bond between the people and their
o Gives them the opportunity to extend legal government.
assistance to persons who would otherwise be
unable to engage the services of a lawyer Main objective: to attain justice in all aspect of society
Law teaching
Moral obligation: amicably settle dispute to avoid unnecessary
o Constitutes a very small portion of law profession
litigation in court.
o Law teachers falls the main responsibility for
training future members of the bar Canon 1 of code of professional responsibility: a lawyer shall not,
o Quality depends in large the measure of for any corrupt motive, or interest, encourage any lawsuit or delay
competence and dedication of law teachers any mans cause for money
Accreditation of law schools
Catholic lawyer: should be consciencously observing the rules of The instrumental lawyers function shaping and clarifying
professional conduct and that his religion will promote the causes the purposes of whose whom they serve, and sometimes
of justice and equity, which are so necessary for preservation of refusing to execute a given purpose.
the nation. The counseling or protective function a lawyer
contributes to ameliorate (make something better) the
Public responsibility of a lawyer risks of life.
Role in the sphere of conflict this is the most familiar
The legal profession membership entails responsibilities as well as
Sphere of civic wisdom Neal perhaps it will suffice if we
privileges. Relationship arises from clients, courts, legal profession
think of him as the practicing political philosopher, or more
and society.
simply as an educator
Thus, the training and skills of a lawyer are the means to earn a
living, it is the element of public service that elevates the calling abogados the campanilla lawyers who have
to a profession. distinguished themselves in law practice. Filipino lawyers
contribution to the development of the country.
Lawyer relationships available for a fee and governed by contract
subject to rules of law and canons of professional ethics Survey of legal profession (as lawyers see lawyers)
lawyers are guns for hire 75% - administration of justice should be viewed in terms of
the general interest of the larger society and a significant
Anthony trollop always remember that when you go into an majority believes that most lawyers are willing to take
attorneys door, you will have to pay for it, first or last. personal risk to assume that justice is done.
Thomas More visualized utopia as lawyerless society for they Lawyers legal aid
consider them as the sort of people whose profession is to disguise
matters (society w/out lawyers by Victor Li writing in china) Lawyers public responsibility is legal aid to the needy, particularly
in criminal cases.
Social function served the first thing we do, lets kill all lawyers
can be taken not as condemnation but as an implicit recognition of Gideon v wainwright there is a widespread belief that lawyers in
the legal profession as one of the key institutions of the social criminal courts are necessities, not luxuries.
order.
If representation of clients unable to pay the price of a lawyer is
The constitution and lawyers the constitution is the lawyers bible. made, it is by assignment de officio, or if voluntary, it is regarded
Free access to the court and free legal assistance are as an act of charity.
responsibilities of a lawyer
IBP gives priority to its legal program
Spheres of public responsibilities
Prepaid legal plans an individual client pays in advance for legal
Extending legal assistance to the needy does not exhaust the services which he may need or use in the future
lawyers public responsibility
Organizations which gives legal assistance: The lawyer who, suddenly from nowhere, entered his
appearance in the court in a case more than two years
Citizens Legal Aid Society of the Philippines (CLASP) after the completed execution in the court below of the
U.P. Women Lawyers Circle (WILOCI) final judgment of the court.
Citizens Legal Assistance Office (CLAO) The lawyer, if he can be considered one, who filed a
Bureau of Agrarian Legal Assistance (BALA) petition that was completely unintelligible and
undecipherable.
Thomas Jefferson when a man assumes public trust, he should The lawyer who, facing charges of moral turpitude that
consider himself public property could lead to his disbarment, instead of throwing himself at
the mercy of the court, compounded his malfeasance by
Civic wisdom the highest as well as the most difficult of the subsequently submitting to the court documents
lawyers role in society. Because a lawyer is usually articulate and maliciously falsified by him.
willing to take initiative he has been looked up to and expected to The lawyer who petitioned the court for transfer of venue
lead. of a case (where he was a counsel) on the completely false
assertion, made under oath, that his life was threatened
OBSTA PRICIPIIS best guide in keeping responsibility of lawyers
several times by the opposing litigants.
resist the first insidious approaches of anything dangerous or evil The lawyer who advised his client to escape from prision
for habeas corpus filed by him in behalf of his client was
CHAPTER VI (APOSTASY IN THE LEGAL PROFESSION) decided adversely.
Lawyers who, because of their negligence the right of
1. A lawyer vows solemnly to conduct himself with all good appeal to the supreme court was lost due to the lapspe of
fidelity to the courts to observe and maintain the respect the reglementary period, later filed special civil actions for
due to courts of justice and judicial officers review, in the hope that the court would faild to discover
their duplicity.
Illustrations: Those who argue before the court completely unprepared
Those who lack candor and/ or are intellectually dishonest
A lawyer who, with alacrity, recklessly denounced the when arguing before the court
members of the SC as recreant to their office because they Who filed petitions so cleverly prepared that while such
allegedly do not themselves pass upon petitions for petitions do not intentionally tell a lie, they do not tell the
review filed with the court, asserting, of course whole truth in the sense that they omit to state
incorrectly, that only the clerk of court himself decides unfavorable or adverse facts
whether to deny or to give due course to such petitions Who desperately want to win cases solely on the basis of
Lawyers who, because of frustration resulting from the technicality
denial of his petition for review, libeled the court as Who foist bizarre theories upon the court
manned by people who commit culpable violations of the
constitution with impunity and who administer justice 2. Criticism expressed by a lawyer against the courts practice
that is not only blind but also deaf and dumb, and of rejecting petitions by minute resolutions
proclaimed to the world that his client had become one of
Review of court of appeals decision, discretionary
the sacrificial victims before the altar of hypocrisy
not a matter of right but of sound judicial
discretion, and will be granted only when there are SC in exercise of its consti power may prescribe rules for
special and important reasons therefor. admission to the practice of law (determines who shall be
May only consider if It had decided cases in a way admitted)
not in accord with law or with the applicable
decisions of the supreme court and if it departed Lawyers are officers of court and the practice of law is a privilege
from accepted usual course of judicial proceedings, given only to those who qualify both intellectually and morally
departure by lower court.
Objectives of legal education
CHAPTER VII (Legal education in present society)
Prepare the students for the practice of law
Developments are result of challenge and response The most important ingredient in a lawyers education may
well be the ability to learn by himself
Robert Hutchins far from being surprised by change, will have
anticipated and perhaps contributed to it Faculty
The past is prologue Competent faculty is the most important element in the
legal education structure
George A. Malcolm proposed the establishment of laws school in The best conceived curriculum if not properly implemented
manila YMCA to offer law courses in 1910. 60 years after, English would be good only on paper
completely displaced Spanish as language of law school and courts Draw for student their best effort
UP law center teaching is an art as well as science, a good teacher is one who
can win the respect of his students that they want to do their best
Established by R.A. 3870 to win his respect
Legal education, law reform and publication
Continuing information about new trends and developments Francis Allen the training of young people for careers of teaching
in law and research, in the law schools become the consideration of first
Forum for discussion of current problems and new issues in importance
law
Method of instruction
Legal education today
Question and answer
Law profession springboard for a career in politics or govt Teachers and students must come fully prepared to use the
service materials given to them. Must be equally prepared.
Teachers plaans the direction of discsussion
Law curriculum
Creative and imaginative use of instruction to develop power of
Law schools have to comply with the bureau of provate analysis, logical thinking and ability to communicate effectively
schools regulations
Students the ideal situation would be that no student should fail
in the school once he has passed its rigid requirement for admission
Don Pepito ABUGADO Evaluation of answers
the more man progresses, the more complicated society grows, Substance and content
the more important law becomes (regulation) (law is never dead) Logic and reasoning
Grammar
Two important developments in history
Examiners perform function impressed with the highest
Political independence Spanish and American rule consideration of public interest
Emergence of struggle between democracy and communism
o Communism ruthless, atheistic, materialistic Realistic approach to law teaching to enable the students of law
o Democracy human freedom, basic rights of to learn to master laws on their own, after learning the technique
individuals and existence of God of how can this be done through a course of study planned for
intensive and thorough training
Lawyers think that their function is only remedial, not constructive
and promotional Abolition of bar examinations (three essential conditions)
Basic cause of failure of law in our country in the separation and A system of accreditations for law schools
isolation of law from morality (separating the body from the soul) Annual examinations for every level of law classes
A system of apprenticeship
Establish harmony between morality and law principal function of
education law schools must produce lawyers who will have not Dean Roscoe Pound the primary purpose of profession is public
only legal competence but also moral character as long as society service
exists, lawyers will always be needed.
Making a layman into a lawman
The bar examination qualifying process
Four year pre-law course
To qualify the test, the examinees credentials must show Additional four year academic training in law school
completion of prescribed courses of study So that one can be allowed to take the bar examination
Bar is undoubtedly important but not the test to end all After passing which, one can be considered for admission to
tests the practice of law
Objectives of bar examinations Objectives of the school
Logical reasoning Prepare students for the practice of law
Thorough knowledge of fundamental principles of law and Develop men and women for technical and other positions
their application in the civil service and the outside
Ability to analyze and solve legal problems Train persons of leadership in difference spheres of activity
Ability to communicated in precise language Contribute to Philippine jurisprudence and legal literature
1/3 for livelihood and 2/4 for public service of law profession
Primary concern of law schools Dark side lawyers are liars and mayabang
Develop in the students the practical skills of the lawyer Four years non-legal education
Emphasis on the intellectual content (study general 4 years of law school
principles and basic theories of law) Bar review (may-oct) results: march
The teaching learning process involved in the training of student No place for half-heartedness forget about entering law school or
of the law is not a simple exercise in memorization. It is a taking the bar/ the most frustrating time in your life
painstaking process of developing the ability to analyze, synthesiz
and to think critically. It is the development of habits of Choice of schools
thoroughness and the ability to communicate effectively, whether
in speech or writing. Quality professors
Tradition of excellence
College does is to give him the ability to find the law for himself
and to develop habits of thoroughness (develop to lean by himself) What is needed to study law
CHAPTER VIII (How to be a Lawyer) language is the tool of law the instrument by which you
understand, analyze and express the law
develop into a fine lady or gentleman and you have a genuine
potential to be a fine lawyer The three Ls
Reasons: Language
Logic or critical thinking
1. Glamorous profession lawyers are found in almost all Law
human endeavors
2. Lawyer in the govt for promotion purposes, attain Improving language skills
highest positions and first grade civil service eligible (R.A.
1080) Wide reading and listening
3. Lawyers in business knowledge of the law protects that Keen perception
lawyer-businessman from legal pitfalls, better views of Constant speaking and writing
specific laws
Classroom interplay
What makes a good lawyer?
Cooperative effort between the professors and the students
Fair amount of intelligence will do Result of mutual fear
Good in speech
Human dealings Techniques in studying
Humble attitude that you do not know everything Lawyer is prohibited from advertising or soliciting cases as
Study and practice of law it will degrade the profession.
The main motive of profession is devoted to public service
Legal writing not profit.
Legal services are restricted and performed only by lawyers
To become a good lawyer, you have to be a good writer
educated to the practice of law
Good legal writing is good writing of a layman who knows
the law Who may practice law
CHAPTER IX (Ethics of legal profession) Any person who is duly licensed as member of the bar
The lawyer has to take his oath
The law profession dedicated to public service to maintain peace
and order in society in accordance with law and justice. Only those I, do solemnly swear that I will maintain allegiance to the Republic
possessed with intellectual competence and of high moral integrity
of the Philippines, I will support the Constitution and obey the laws
are admitted to the profession.
as well as the legal orders of the duly constituted authorities
Legal ethics the branch of moral science which governs the duties therein; I will do no falsehood, nor consent to the doing of any in
and responsibilities of the lawyer in his dealing with the court, his court; I will not wittingly or willingly promote or sue any
client, colleagues in the profession and the community at large. 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
Rules governing ethical behavior
myself as a lawyer according to the best of my knowledge and
Article VIII, section 5(5) of the Constitution discretion, with all good fidelity as well to the courts as to my
Rules 137-139 A and B of rules of court clients; and I impose upon myself these voluntary obligations
Civil code without any mental reservation or purpose of evasion. So help me
Special statutes God
Code of professional responsibility
Canons of judicial ethics
Supreme court decisions
The meaning and practice of law Relationship is: fiduciary (involving trust), personal and
strictly confidential
Cayetano v monsod practice of law means any activity, in
or out of court, which requires the application of law or Duty to decline a case (lawyer may decline if)
procedure. Representation in court or any tribunal or
agency, counseling or giving legal advice and drafting legal May mean a violation of his oath as a lawyer
documents are generally understood as practice of law. Appearing in conflict of interest
Lawyer need not have a law office or appear in court. Lawyer may not decline in criminal cases even if he
Conducting research for business firm which requires an believes that the accused is guilty. if he is capable of
ability to deal with the law and counseling people of their doing so, the accused will be left defenceless and he is not
rights constitutes practice of law the judge who determines his guild (especially applies to
needy accused)
Law profession is affected with public interest
Lawyer must advice his client not to proceed with the case if he
The practice of law is a public trust sincerely believes that the cause of his client in civil case in not
The basic ideal of the profession is to render public service meritorious
and secure justice to those who need it.
Profession is regulated by the SC Fiduciary relationship
All duties of a lawyer in the exercise of his profession
Owes to his client entire devotion to undertake defense
involve public matters and public interest
and the exertion of his utmost learning and ability
Lawyers duties to the court Should not take undue advantage on his client
First and foremost duty of the lawyer is to the court Appearing for conflicting interest
(officer of court), assist in the administration of justice not
Lawyer is prohibited from representing conflicting interests
to his client who is compensating him
or discharging inconsistent duties (guilty of professional
Lawyers duties to his clients misconduct)
If a lawyer who is privy to a persons interest or has
Creation of lawyer-client relationship has multiple duties previously rendered service to him, he cannot appear for
and responsibilities an opposite party in litigation
Express or implied contract and when he is a point
appointed counsel Prohibited purchase of property in litigation
Even w/out express agreement, the moment a lawyer
Article 1491 of civil code property of his client which was
renders legal services to an individual, a relationship is
the subject of the case he is handling
already created.
To prevent undue influence of the lawyer Lawyer has to file a motion with the court of his intention to
Ground for disbarment (malpractice and breach of withdraw from the case with the consent of the client. Seek an
professional ethics) approval of the court
Atty cannot divulge any information made by his client to Historically lawyer does not demand compensation for his
him in the course of his employment as counsel. services (honorarium, not a trade or business)
Duration of prohibition is perpetual Lawyer has the right to recover from his client a fair and
reasonable compensation for his services except counsel de
Termination of attoryney-client relationship officio.
Lawyer has the right to demand a reasonable amount but
Client has the right anytime or w/out cause
cannot demand excessive fees that is not proportionate to
Based on trust and confidence the services he has rendered.
Only limitation of the right of client to discharge his lawyer
is the payment of services rendered by the lawyer When atty not entitled to fees
Lawyer may not terminate or withraw from the case except: Misconduct
Withdrawal from the case without just cause
Conditions must be based on a good cause
Served conflicting interest
When client pursues an illegal or immoral course of conduct
Case of legal aid: counsel de officio
in connection with the matter he is handling
Client insists that the lawyer pursue conduct violative of Measure of compensation
the code of professional responsibility
His inability to work with a co-counsel will not promote the Based on quantum meruit (much as what the lawyer deserves to be
best interest of the client paid) applies when there is no express contract
The mental or physical condition of the lawyer renders it
Time spent
difficult for him to carry out the employment effectively
Skill needed
Client deliberately fails to pay fees for the services or fail
Novelty of case
to comply with the agreement
Contingency
Lawyer is elected or appointed to a public office
Customary rate
Other similar cases
Professional standing
Retainer lien lawyers who withdraws shall immediately turn over Importance of case value
all papers and property to which the client is entitled and shall Loss of other employment
cooperate with his successor. Value of the subject matter of the case
Attorneys lien Lawyer is given the opportunity of hearing to show cause why he
should not be held in contempt of court
Retaining lien lawyer has the right to retain documents
and papers that come to his possession until his fees are Duties to his colleagues
fully paid
Charging lien applies in claims of money where the layer Conduct himself with courtesy, fairness and candor toward
states on record during the proceeding of the agreement his professional colleagues
with his client to pay certain amount of his compensation Observe courtesy to opposing counsel and recognize
customs and practices of the bar
Liabilities of a lawyer Should not do anything repugnant to his sense of honor and
propriety
Criminally held liable under articles 208 and 209 of the RPC and He should withdraw from the case in case of proceedings
article 1491 of CC offensive to an opposing counsel
In fairness to a brother lawyer, he should not take
Breach of fiduciary relation
advantage of the excusable unpreparedness or absence of
Purchase of property
an opposing counsel
Unauthorized appearance (rule 138)
Breach of duties to the bar Due courtesy to opposing counsel
Encroaching upon case of another lawyer
Conflicting interest Lawyer must defend the case of his client to the best of his
Gross negligence or gross ignorance ability
Revelation of secrets of client He should avoid all personalities and personal history of the
Misappropriation of funds of his client adverse party
Purchase of property in the course of his employment
Not encroach upon the employment of another counsel
Contempt of court power to punish for contempt in any lawyer or
A lawyer should not induce the client who has a lawyer to
person for gross disrespect of the court, open defiance of court
retain him by promise of better service, good result or
order or obstruction of justice
reduced feed for his services
Direct any act or misbehavior of a lawyer in the presence
Membership in the integrated bar
of court
Indirect act committed outside the court such as Upon taking his oath as a lawyer, he is automatically a
disobedience of lawful court order or tending to obstruct member of the integrated bar of the Philippines
the administration of justice
IBP official unification of the entire lawyer population in justice, honesty, modesty, or good morals. It involves an act of
order that all individuals admitted to the practice of law baseness, vileness, or depravity in the private duties which a man
shall comply with their duties under their oath. owed his fellowmen, or to society in general, contrary to the
accepted and customary rule of right and duty between man and
Membership is mandatory
woman, or conduct contrary to justice, honesty, modesty, or good
Non partisan association officials are elected in two year morals. Barrios v. Martinez, 442 SCRA 324 (2004)
term
Disqualified for election: those holding an elective, CHAPTER X (Survey of the Legal Profession)
judicial, quasi-judicial or prosecutor office in the govt
Membership in the bar before and after the declaration of martial
Any officer of the IBP shall be considered resigned from his
law
position the moment he files a certificate of candidacy for
elective position 86% before
14% after
Suspension and disbarment
1950 1959 (37%)
The power of the SC to admit members of the bar includes 1960 1969 (30%)
the authority to discipline, to suspend or disbar a lawyer.
Nature of their involvement in legal profession
COA and RTC may exercise disciplinary power (appealable
to the SC) 66% full time lawyers
Grounds for disbarment 30% part-time lawyers
1% retired
Deceit 3% not practicing at all
Malpractice 2 out of 3 of lawyers are on full time basis
Gross misconduct in office
Reasons for non-regular employment as lawyers
Conviction of a crime involving moral turpitude
Grossly immoral conduct Government position prohibits private practice
Violation of lawyers oath Lack of time/occupied with another job
Willful disobedience of lawful order of court Economically inadequate income from private
Corruptly appearing without authority to do so practice/uncertainty of income/few paying clients
Solicitation of cases at law for purpose of gain
Nature of respondents employment
Lawyer may be disbarred to preserve the trust and confidence to
the legal profession and to protect the public from deceitful 55% working in the government
lawyers. 45% privately employed and self employed
Moral Turpitude - includes everything which is done contrary to
2 out of 5 lawyers are privately employed and self Rank 4 serve the public
employed Rank 5 pursue further study
What type of physical activities respondents engaged in Which are the most lucrative
Rank 1 engage in independent private practice CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF
Rank 2 establish his own law partnership/firm to be THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
successful REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE.
Rank 3 be a member of the bench
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE,
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN OR GIVES THE APPEARANCE OF INFLUENCING THE COURT
LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING CHAPTER IV. THE LAWYER AND THE CLIENT
THE LAW AND JURISPRUDENCE.
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN NEEDY.
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
TASKS.
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CHAPTER II. LAWYER AND THE LEGAL PROFESSION CLIENTS.
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND
AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
ACTIVITIES OF THE INTEGRATED BAR.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY, AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES, REPOSED IN HIM.
AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE
COUNSEL.
AND DILIGENCE.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
IN THE UNAUTHORIZED PRACTICE OF LAW.
WITHIN THE BOUNDS OF THE LAW.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH FEES.
TO THE COURT.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD RELATION IS TERMINATED
INSIST ON SIMILAR CONDUCT BY OTHERS.
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT CIRTUMSTANCES.
ADMINISTRATION OF JUSTICE.