Legal Ethics Intro
Legal Ethics Intro
LEGAL ETHICS
A. Practice Of Law
1. Concepts
a. Definition of Practice of Law
Practice of Law any activity, in or out of court which requires the application of law,
legal procedure, knowledge, training and experience. To engage in the practice of law is to give
notice or render any kind of service, which or devise or service requires the use in any degree of
legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
b. Practice of Law Is A Privilege Not A Right
The practice of law is a privilege granted only to those who possess the STRICT
INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are instruments
in the effective and efficient administration of justice. (In Re: Argosino, 1997).
It is a privilege accorded only to those who measure up to certain rigid standards
of mental and moral fitness. Those standards are neither dispensed with nor lowered after
admission.
c. Law as a profession, not a business or trade
Lawyering is not a business; it is a profession in which duty to public service, not money,
is the primary consideration. [Burbe vs Magulta, (2002)]
Primary Characteristics distinguishing the Legal Profession from Business:
1) duty of public service, emolument is a by-product
2) A relation as officer of the court to the administration of justice involving
thorough sincerity, integrity, and reliability.
3) Relation to the client in the highest degree fiduciary.
4) Relation to colleagues at the bar characterized by candor, fairness, and
unwillingness to resort to current business methods of advertising and
encroachment on their practice, or dealing with their clients.
*Graduates of foreign law schools are allowed to take the bar examinations provided
they show the following: (CRC)
1) Completion of all courses leading to the degree of Bachelor of Laws or its equivalent
degree
2) Recognition or accreditation of the law school by the proper authority
3) Completion of all the fourth year subjects in a law school duly recognized by
the Philippine Government [SC Bar Matter 1153: Re: Letter of Atty. Estelito
Mendoza (2010)]
3. Appearance of non-lawyers
a. Law student practice rule
Requisites:
1) has successfully completed his 3rd year of the regular 4-year prescribed law
curriculum and is enrolled in a recognized law schools clinical legal education
program approved by the SC may appear
2) without compensation in any civil, criminal or administrative case before any
trial court, tribunal, board or officer,
3) to represent indigent clients accepted by the Legal Clinic of the school. [Sec. 1,
Rule 138-A]
4) The student shall be under the direct supervision and control of a member of the IBP
duly accredited by the law school. [Sec. 2]
Special Restrictions
A retired justice or judge receiving a pension from the Government cannot act
as counsel in any civil case in which the Government or any of its subdivision or agencies
is the adverse party or in a criminal case wherein an officer or employee of the Government
is accused of an offense in relation to his office. [R.A. No. 910]
7. Lawyers oath
I, __________________, do solemnly swear that I will maintain allegiance to the Republic
of the Philippines;
I will support its constitution and obey the 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 in court;
I will not willingly nor wittingly 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 court as to my clients;
And I impose upon myself this voluntary obligations without any mental reservation or purpose
of evasion. So help me God.