UST Golden Notes 2011
Q: What is a bar association?A:
It is an association of the members of the legalprofession like the IBP where membership isintegrated or compulsory.
Q: Who is an a
is an experienced andimpartial attorney invited by the court to appearand help in the disposition of the issuessubmitted to it. It implies friendly intervention of counsel to call the attention of the court to somematters of law or facts which might otherwiseescape its notice and in regard to which it mightbe wrong.
appears in court not torepresent any particular party but only to assistthe court.
(plural: Amici Curiae)
(1993, 1996, 1998Bar Question) Q: What is
amicus curiae par excellence
It is a bar association who appears in court as
or a friend of the court. It actsmerely as a consultant to guide the court in adoubtful question or issue pending before it.
Q: What is
Literally means “he has undertaken”. It is an
action for the recovery of damages by reason of the breach or non performance of a simplecontract, either express or implied, or whethermade orally or in writing.
was the wordalways used in pleadings by the plaintiff to set
forth the defendant’s undertaking or promise.
(2006 Bar Question)
Claims in action of
were ordinarilydivided into (a) common or indebitatus
brought usually on
an implied promise, and (b)special
, founded on an express promise.
Q: Who is an attorney
is a person appointed by thecourt to defend an absentee defendant in the suitin which the appointment was made.
Q: Distinguish attorney-at-law from attorney inFact.A:
is that class of persons whoare licensed officers of the court empowered toappear, prosecute and defend, and upon whompeculiar duties, responsibilities and liabilities aredeveloped by law as consequence, while an
attorney in fact
is simply an agent whoseauthority is strictly limited by the instrumentappointing him. His authority is provided in aspecial power of attorney or general power of attorney or letter of attorney. He is notnecessarily a lawyer.
Q: Who is an attorney of record?A:
Attorney of record is an attorney whose nameis entered in the records of an action or suit asthe lawyer of a designated party thereto.
Q: Who is a counsel/attorney
is an attorneyappointed by the court to defend an indigentdefendant in a criminal action.
In a criminal action, if the defendant appearswithout an attorney, he must be informed by thecourt that it is his right to have an attorney beforebeing arraigned and must be asked if he desires theaid of an attorney. If he desires and is unable toemploy an attorney, the court must assign a counsel
to defend him. He is also designated ascounsel of indigent litigants. The appointment of acounsel
in that instance is a matter of righton the part of the defendant.On appeal in criminal cases, the appellate court mustalso appoint a counsel
if, as shown by thecertificate of the clerk of court of the trial court, adefendant is confined in prison or without means toemploy an attorney or desires to be defended
(Secs. 6-8, Rule 116 and Sec. 13, Rule 122)
Q: Who is a counsel
Private counsel of a party, secured by him,without intervention from the government.
Q: Who is an in-house or house counsel?A:
He is one who acts as attorney for businessthough carried as an employee of that businessand not as an independent lawyer.
Q: Who is a lead counsel?
A lead counsel is a lawyer on either side of alitigated action who is charged with the principal
management and direction of a party’s case, as
distinguished from his juniors or subordinates.
Q: Who is an Of Counsel?A:
He is an experienced lawyer, usually a retiredmember of the judiciary, employed by law firmsas consultants.