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Cayetano Vs Monsod
Cayetano Vs Monsod
Cayetano vs Monsod
Facts:
Issue:
Ruling:
Yes. The practice of law is not limited to the conduct of cases in court. Practice of law
under modem conditions consists in no small part of work performed outside of any court and
having no immediate relation to proceedings in court. It embraces conveyancing, the giving of
legal advice on a large variety of subjects, and the preparation and execution of legal
instruments covering an extensive field of business and trust relations and other affairs.
Although these transactions may have no direct connection with court proceedings, they
are always subject to become involved in litigation. They require in many aspects a high degree
of legal skill, a wide experience with men and affairs, and great capacity for adaptation to
difficult and complex situations. These customary functions of an attorney or counselor at law
bear an intimate relation to the administration of justice by the courts.
There is no distinction between that part of the work of the lawyer which involves
appearance in court and that part which involves advice and drafting of instruments in his office.
It is of importance to the welfare of the public that these manifold customary functions be
performed by persons possessed of adequate learning and skill, of sound moral character, and
acting at all times under the heavy trust obligations to clients which rests upon all attorneys.
Taking into consideration the various definition f “practice of law” especially the modern
concept of law practice and considering the liberal construction by the framers of the
Constitution, Atty. Monsod's past work experiences as a lawyer-economist, a lawyer-manager, a
lawyer-entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both
the rich and the poor — verily more than satisfy the constitutional requirement — that he has
been engaged in the practice of law for at least ten years.