Professional Documents
Culture Documents
Legal Ethics Cases T1-T3
Legal Ethics Cases T1-T3
ISSUE:
No. Practice of law to fall within the prohibition of the
statute should be customarily or habitually holding
Whether or not Alauya, a member of the one’s self to the public as a lawyer and demanding
Shari’a bar, can use the title of Attorney payment for such services. It does not pertain to
isolated court appearances as in this case.
HELD: Nevertheless, for his failure to obtain a prior
permission from the head of the Department (CJ) as
He can’t. The title is only reserved to those who pass required by law, respondent was reprimanded.
the regular Philippine bar.
ISSUE: Annex A
SECRET MARRIAGE?
Whether the respondent does not posses the P560.00 for a valid marriage.
required qualification of having engaged in Info on DIVORCE. ABSENCE.
the practice of law for at least ten years. ANNULMENT. VISA.
THEPlease call: 521-0767,
LEGAL5217232, 5222041
HELD: CLINIC, INC.8:30 am-6:00 pm
7-Flr. Victoria Bldg. UN Ave., Mla.
In the case of Philippine Lawyers Association vs.
Agrava, stated: The practice of law is not limited to Annex B
the conduct of cases or litigation in court; it embraces GUAM DIVORCE
the preparation of pleadings and other papers DON PARKINSON
incident to actions and special proceeding, the an Attorney in Guam, is giving FREE BOOKS on Guam
management of such actions and proceedings on Divorce through The Legal Clinic beginning Monday to
behalf of clients before judges and courts, and in Friday during office hours.
addition, conveying. In general, all advice to clients,
and all action taken for them in matters connected Guam divorce. Annulment of Marriage.
with the law incorporation services, assessment and Immigration Problems, Visa Ext. Quota/Non-quota
condemnation services, contemplating an Res. & Special Retiree's Visa. Declaration of Absence.
appearance before judicial body, the foreclosure of Remarriage to Filipina Fiancees. Adoption. Investment
mortgage, enforcement of a creditor’s claim in in the Phil. US/Foreign Visa for Filipina
bankruptcy and insolvency proceedings, and Spouse/Children. Call Marivic.
conducting proceedings in attachment, and in THE 7 F Victoria Bldg. 429 UN Ave.
matters of estate and guardianship have been held to LEGALErmita, Manila nr. US Embassy
constitute law practice. Practice of law means any CLINIC, INC. Tel. 521-7232521-7251
activity, in or out court, which requires the 522-2041; 521-0767
application of law, legal procedure, knowledge,
training and experience. It is the submission of petitioner that the
advertisements above reproduced are champertous,
unethical, demeaning of the law profession, and
The contention that Atty. Monsod does not posses the destructive of the confidence of the community in the
required qualification of having engaged in the integrity of the members of the bar and that, as a
practice of law for at least ten years is incorrect since member of the legal profession, he is ashamed and
offended by the said advertisements, hence the real. In providing information, for example, about
reliefs sought in his petition as herein before quoted. foreign laws on marriage, divorce and adoption, it
strains the credulity of this Court that all that
In its answer to the petition, respondent admits the respondent corporation will simply do is look for the
fact of publication of said advertisements at its law, furnish a copy thereof to the client, and stop
instance, but claims that it is not engaged in the there as if it were merely a bookstore. With its
practice of law but in the rendering of "legal support attorneys and so called paralegals, it will necessarily
services" through paralegals with the use of modern have to explain to the client the intricacies of the law
computers and electronic machines. Respondent and advise him or her on the proper course of action
further argues that assuming that the services to be taken as may be provided for by said law. That
advertised are legal services, the act of advertising is what its advertisements represent and for which
these services should be allowed supposedly in the services it will consequently charge and be paid. That
light of the case of John R. Bates and Van O'Steen vs. activity falls squarely within the jurisprudential
State Bar of Arizona, reportedly decided by the definition of "practice of law." Such a conclusion will
United States Supreme Court on June 7, 1977. not be altered by the fact that respondent
corporation does not represent clients in court since
ISSUE: law practice, as the weight of authority holds, is not
Whether or not the services offered by limited merely to court appearances but extends to
respondent, The Legal Clinic, Inc., as legal research, giving legal advice, contract drafting,
advertised by it constitutes practice of law and so forth.
and, in either case, whether the same can That fact that the corporation employs paralegals to
properly be the subject of the advertisements carry out its services is not controlling. What is
herein complained of. important is that it is engaged in the practice of law
by virtue of the nature of the services it renders
HELD: which thereby brings it within the ambit of the
statutory prohibitions against the advertisements
Yes. The Supreme Court held that the services offered which it has caused to be published and are now
by the respondent constitute practice of law. The assailed in this proceeding. The standards of the legal
definition of “practice of law” is laid down in the case profession condemn the lawyer's advertisement of
of Cayetano vs. Monsod, as defined: his talents. A lawyer cannot, without violating the
ethics of his profession, advertise his talents or skills
Black defines "practice of law" as: as in a manner similar to a merchant advertising his
"The rendition of services requiring the knowledge goods. The proscription against advertising of legal
and the application of legal principles and technique services or solicitation of legal business rests on the
to serve the interest of another with his consent. It is fundamental postulate that the practice of law is a
not limited to appearing in court, or advising and profession. The canons of the profession tell us that
assisting in the conduct of litigation, but embraces the best advertising possible for a lawyer is a well-
the preparation of pleadings, and other papers merited reputation for professional capacity and
incident to actions and special proceedings, fidelity to trust, which must be earned as the
conveyancing, the preparation of legal instruments of outcome of character and conduct. Good and efficient
all kinds, and the giving of all legal advice to clients. service to a client as well as to the community has a
It embraces all advice to clients and all actions taken way of publicizing itself and catching public attention.
for them in matters connected with the law." That publicity is a normal by-product of effective
service which is right and proper. A good and
The contention of respondent that it merely offers reputable lawyer needs no artificial stimulus to
legal support services can neither be seriously generate it and to magnify his success. He easily
considered nor sustained. Said proposition is belied sees the difference between a normal by-product of
by respondent's own description of the services it has able service and the unwholesome result of
been offering. While some of the services being propaganda.
offered by respondent corporation merely involve
mechanical and technical know-how, such as the
installation of computer systems and programs for
the efficient management of law offices, or the
computerization of research aids and materials, these
will not suffice to justify an exception to the general
rule. What is palpably clear is that respondent III. Admission to Practice
corporation gives out legal information to laymen and
lawyers. Its contention that such function is non- IN THE MATTER OF THE INTEGRATION OF THE
advisory and non-diagnostic is more apparent than INTEGRATED BAR OF THE PHILIPPINES 49 SCRA
22 Indeed, the power to integrate is an inherent part of
the Court’s constitutional authority over the Bar.
FACTS:
The second issue hinges on the following
Republic Act. No. 6397 entitled “An Act Providing for constitutional rights: freedom of association and of
the Integration of the Philippine Bar and speech, as well as the nature of the dues exacted
Appropriating Funds Therefore” was passed in from the lawyer, i.e., whether or not the Court thus
September 1971, ordaining “Within two years from levies a tax. The Court held:
the approval of this Act, the Supreme Court may 1. Integration is not violative of freedom of
adopt rules of court to effect the integration of the association because it does not compel a
Philippine Bar.” The Supreme Court formed a lawyer to become a member of any group of
Commission on Bar Integration and in December which he is not already a member. All that it
1972, the Commission earnestly recommended the does is “to provide an official national
integration of the bar. The Court accepted all organization for the well-defined but
comments on the proposed integration. unorganized and incohesive group of which
every lawyer is already a member.” The
ISSUES: lawyer too is not compelled to attend
Does the Court have the power to integrate meetings, participate of activities, etc. The
the Philippine bar? only compulsion is the payment of annual
Would the integration of the bar be dues. Assuming, however, that it does
constitutional? compel a lawyer to be a member of an
Should the Court ordain the integration of the integrated bar, the court held that “such
bar at this time? compulsion is justified as an exercise of the
RULING: police power of the state”
In ruling on the issues raised, the Court first adopted 2. Integration is also not violative of the
the definition given by the Commission to freedom of speech just because dues paid b
“integration” in this wise: “Integration of the the lawyer may be used for projects or
Philippine Bar means the official unification of the programs, which the lawyer opposes. To rule
entire lawyer population of the Philippines. This otherwise would make every government
requires membership and financial support (in exaction a “free speech issue.” Furthermore,
reasonable amount) of every attorney as conditions the lawyer is free to voice out his objections
sine qua non to the practice of law and the retention to positions taken by the integrated bar.
of his name in the Roll of Attorneys of the Supreme
3. The dues exacted from lawyers is not in the
Court.” The term “Bar” refers to the collectivity of all
nature of a levy but is purely for purposes of
persons whose names appear in the Roll of Attorneys.
regulation.
An Integrated Bar (or unified Bar) perforce must
include all lawyers. As to the third issue, the Court believes in the
timeliness of the integration. Survey showed an
Complete unification is not possible unless it is overwhelming majority of lawyers who favored
decreed by an entity with power to do so; the State. integration.
Bar integration therefore, signifies the setting up by
government authority of a national organization of
the legal profession based on the recognition of the IN RE CUNANAN 94 PHIL. 534
lawyer as an officer of the court.
FACTS:
Designed to improve the positions of the Bar as an
instrumentality of justice and the rule of law, Congress passed Rep. Act No. 972, or what is known
integration fosters cohesion among lawyers, and as the Bar Flunkers Act, in 1952. The title of the law
ensures, through their own organized action and was, “An Act to Fix the Passing Marks for Bar
Examinations from 1946 up to and including 1955.”
participation, the promotion of the objectives of the
legal profession, pursuant to the principle of Section 1 provided the following passing marks:
maximum Bar autonomy with minimum supervision 1946-1951………………70%
and regulation by the Supreme Court. 1952 …………………….71%
1953……………………..72%
On the first issue, the Court held that it may integrate 1954……………………..73%
1955……………………..74%
the Bar in the exercise of its power “to promulgate
rules concerning pleading, practice, and procedure in Provided however, that the examinee shall have no
all courts, and the admission to the practice of law.” grade lower than 50%.
IN RE: VICTORIO LANUEVO
Section 2 of the Act provided that “A bar candidate
who obtained a grade of 75% in any subject shall be FACTS:
deemed to have already passed that subject and the
grade/grades shall be included in the computation of
the general average in subsequent bar This is an administrative proceeding against Victorio
examinations.” Lanueva who was the Bar Confidant during the 1971
Bar Examination emanating from the revelation of
one Oscar Landicho, a bar examinee of the same bar
ISSUE: exam, in his confidential letter that the result of the
bar exam of one of the bar examinee later identified
Whether of not, R.A. No. 972 is constitutional. as Ramon Galang was raised before the result was
released to make him pass the bar.
RULING:
Acting upon said letter, the court called the 5 bar
Section 2 was declared unconstitutional due to the examiners and the Bar Confident Lanuevo to submit
fatal defect of not being embraced in the title of the
their sworn statements on the matter. It appears that
Act. As per its title, the Act should affect only the bar
flunkers of 1946 to 1955 Bar examinations. Section2 each of the 5 bar examiners were approached by
establishes a permanent system for an indefinite Lanuevo with the examination booklet asking them to
time. It was also struck down for allowing partial re-evaluate the grades of the bar examiner explaining
passing, thus failing to take account of the fact that that it is a practice policy in bar exams that he will
laws and jurisprudence are not stationary. review the grades obtained in all subjects by an
examinee and when he finds a candidate to have
As to Section1, the portion for 1946-1951 was
extraordinary high grades in other subjects and low
declared unconstitutional, while that for 1953 to 1955
was declared in force and effect. The portion that grade in one subject he can bring it to the examiner
was stricken down was based under the following for reconsideration to help the candidate pass.
reasons:
In good faith of trust and confidence to the authority
1. The law itself admits that the candidates for of Lanuevo, the examiners re-evaluated the exam of
admission who flunked the bar from 1946 to the candidate and reconsider the grade they give for
1952 had inadequate preparation due to the each subject matter. Further investigation also
fact that this was very close to the end of revealed that Ramon Galang was charged with crime
World War II; of slight physical injuries in the Mla. MTC but did not
revealed the information in his application to take the
bar examination.
2. The law is, in effect, a judgment revoking the
resolution of the court on the petitions of the ISSUE:
said candidates;
WON Lanuevo has the authority to ask bar
examiners to re-evaluate and re-correct the
3. The law is an encroachment on the Court’s
examination result of a bar candidate.
primary prerogative to determine who may
be admitted to practice of law and, therefore,
RULING:
in excess of legislative power to repeal, alter
and supplement the Rules of Court. The rules
The court ruled that it is evident that Lanuevo has
laid down by Congress under this power are
deceptively staged a plot to convince each examiner
only minimum norms, not designed to
individually to re-evaluate the grades of Galang in
substitute the judgment of the court on who
order to help him pass the bar without prior
can practice law; and
authorization of the Court. His duty as a Bar
Confident is limited only as a custodian of the
4. The pretended classification is arbitrary and
examination notebooks after they are corrected by
amounts to class legislation.
the examiners where he is tasked to tally the general
As to the portion declared in force and effect, the average of the bar candidate. All requests for re-
Court could not muster enough votes to declare it evaluation of grades from the bar exam shall be
void. Moreover, the law was passed in 1952, to take made by the candidate themselves. With the facts
effect in 1953. Hence, it will not revoke existing fully established that Lanuevo initiated the re-
Supreme Court resolutions denying admission to the evaluation of the exam answers of Galang without
bar of an petitioner. The same may also rationally fall
the authority of the Court, he has breached the trust
within the power to Congress to alter, supplement or
modify rules of admission to the practice of law. and confidence given to him by the court and was
disbarred with his name stricken out from the rolls of
attorneys. Galang was likewise disbarred for Excellence Award upon his graduation in Bachelor of
fraudulently concealing the criminal charges against Laws.
him in his application for the bar exam while under
oath constituting perjury. The court believed that the Upon admission to the bar in April 1999, petitioner
5 bar examiners acted in good faith and thereby immediately entered government service as a Legal
absolved from the case but reminded to perform their Officer assigned at the Sangguniang Bayan of Taguig.
duties with due care. Simultaneously, he also rendered free legal services
to less fortunate residents of Taguig City who were
IN RE: 2003 AR EXAMINATIONS then in need of legal assistance.