Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
UST-GN-2011-Legal-and-Judicial-Ethics-Proper-Index-Biblio.pdf

UST-GN-2011-Legal-and-Judicial-Ethics-Proper-Index-Biblio.pdf

Ratings: (0)|Views: 8|Likes:
Published by Jayhze Dizon

More info:

Published by: Jayhze Dizon on Nov 09, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

07/05/2014

pdf

text

original

 
Legal Ethics - practice of law
1
A
CADEMICS
C
HAIR
:
 
L
ESTER
J
AY
A
LAN
E.
 
F
LORES
II
 
V
ICE
C
HAIRS
F
OR
A
CADEMICS
:
 
K
AREN
 
J
OY
G.
 
S
ABUGO
&
 
J
OHN
H
ENRY
C.
 
M
ENDOZA
 V
ICE
C
HAIR FOR
M
ANAGEMENT AND
F
INANCE
:
 
J
EANELLE
C.
 
L
EE
 
V
ICE
C
HAIRS FOR
L
AYOUT
A
ND
D
ESIGN
:
 
E
ARL
L
OUIE
M.
 
M
ASACAYAN
&
 
T
HEENA
C.
 
M
ARTINEZ
 
U
N I V E R S I T Y O F
S
A N T O
T
O M A S
 
Facultad de Derecho Civil
 
L E G A L E T H I C S. 
Q: What is legal ethics?A:
It is a branch of moral science which treats of the duties which an attorney owes to the court,to his client, to his colleagues in the professionand to the public as embodied in the Constitution,Rules of Court, the Code of ProfessionalResponsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
(Justice George Malcolm)
(1993, 1996 BarQuestion)
 
Q: What are the sources of ethical standards inthe Philippine judiciary?A:
1.
 
Primary 
 
a.
 
Bari.
 
Canons of Professional Ethicsii.
 
Code of Professional Responsibilityb.
 
Benchi.
 
Canons of Judicial Ethicsii.
 
Code of Judicial Ethicsiii.
 
New Code of Judicial Conduct forthe Philippine Judiciaryc.
 
Other personnel
 –
Code of Conductfor Court Personnel2.
 
Secondary 
a.
 
Decisions/resolution of the SupremeCourtb.
 
Supreme Court Circularsc.
 
Order/resolution of other courtsd.
 
IBP Issuances
Q: “What is legal is moral.” State your comment
on the correctness or incorrectness of thisproposition.A:
The statement is not necessarily correct. Thereare several acts of a lawyer, which may be legalbut not necessarily moral. This is precisely thepurpose of the legal ethics, which governs theethical and moral behavior of a lawyer.
(1993 BarQuestion)I. PRACTICE OF LAWA. CONCEPTSQ: What constitutes practice of law?A:
Practice of law means any activity, in or out of court, which requires the application of law, legalprocedure, knowledge, training, and experience.
“To engage in the practice of law is to perform
those acts which are characteristics of theprofession. Generally, to practice law is to givenotice or render any kind of service, which deviceor service requires the use in any degree of legal
knowledge or skill.”
(Cayetano v. Monsod, G.R.No. 100113, Sept. 3, 1991)
Q: Who is a practicing lawyer?A:
A practicing lawyer is one engaged in thepractice of law, who by license is an officer of thecourt and is empowered to appear, prosecute and
defend a client’s cause.
 A practicing lawyer is a member of the PhilippineBar who appears for and in behalf of parties incourts of law and
quasi 
-judicial agencies.
Q: What does the
term “practicing lawyer”
include?A:
It includes:1. Government employees and incumbentelective officials not allowed by law topractice.2. Lawyers who by law are not allowed toappear in court;3. Supervising lawyers of students enrolled inlaw student practice in duly accreditedlegal clinics of law schools and lawyers of Non-Government Organizations (NGOs)a
nd People’s Organizations (POs) who by
the nature of their work already renderfree legal aid to indigent and pauperlitigants; and4. Lawyers not covered under subparagraphs(i) to (iii)
(of Sec. 4, B.M. 2012)
includingthose who are employees in the privatesector but do not appear for and in behalf of parties in courts of law and
quasi 
- judicial agencies.
Q: Differentiate bar from bench.A:
Bar 
refers to the wholebody of attorneys andcounselors,collectively, themembers of the legalprofession
Bench
refers to thewhole body of  judges.
 
UST Golden Notes 2011
2
L
EGAL
E
THICS
T
EAM
:
 
A
DVISER
:
 
J
UDGE
P
HILIP
A.
 
A
GUINALDO
&
 
A
TTY
.
 
M
ARIAN
J
OANNE
K.
 
C
O
-
 
P
UA
 
S
UBJECT
H
EAD
:
 
T
HEENA
C.
 
M
ARTINEZ
;
 
A
SST
.
 
S
UBJECT
H
EADS
:
 
J
EANELLE
C.
 
L
EE
;
 
D
IVINE
C.
 
T
EE
 
M
EMBERS
:
 
M
ARINETH
E
ASTER
A
N
D.
 
A
YOS
,
 
M
ARC
R
OBY
G.
DE
C
HAVEZ
,
 
J
OANNA
P
ENADA
,
 
G
RETCHEN
C.
 
S
Y
 
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
micus curiae
?A:
An
amicus curiae
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.
 Amicus curiae
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
?A:
It is a bar association who appears in court as
amicus curiae
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
assumpsit 
?A:
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.
 Assumpsit 
was the wordalways used in pleadings by the plaintiff to set
forth the defendant’s undertaking or promise.
(2006 Bar Question)
Note:
Claims in action of 
assumpsit 
were ordinarilydivided into (a) common or indebitatus
assumpsit 
,
brought usually on
 
an implied promise, and (b)special
assumpsit 
, founded on an express promise.
Q: Who is an attorney
ad hoc 
?A:
Attorney
ad hoc
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:
 Attorney-at-law 
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
de officio
?A:
A counsel/attorney
de officio
is an attorneyappointed by the court to defend an indigentdefendant in a criminal action.
(1998 BarQuestion)
 
Note:
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
de officio
to defend him. He is also designated ascounsel of indigent litigants. The appointment of acounsel
de officio
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
de officio
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
deofficio
.
(Secs. 6-8, Rule 116 and Sec. 13, Rule 122)
 
Q: Who is a counsel
de parte
?
 
A:
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:
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.
 
Legal Ethics - practice of law
3
A
CADEMICS
C
HAIR
:
 
L
ESTER
J
AY
A
LAN
E.
 
F
LORES
II
 
V
ICE
C
HAIRS
F
OR
A
CADEMICS
:
 
K
AREN
 
J
OY
G.
 
S
ABUGO
&
 
J
OHN
H
ENRY
C.
 
M
ENDOZA
 V
ICE
C
HAIR FOR
M
ANAGEMENT AND
F
INANCE
:
 
J
EANELLE
C.
 
L
EE
 
V
ICE
C
HAIRS FOR
L
AYOUT
A
ND
D
ESIGN
:
 
E
ARL
L
OUIE
M.
 
M
ASACAYAN
&
 
T
HEENA
C.
 
M
ARTINEZ
 
U
N I V E R S I T Y O F
S
A N T O
T
O M A S
 
Facultad de Derecho Civil
 
Q: What is
 pro se
?A:
It is an appearance by a lawyer in his ownbehalf.
(1995 Bar Question)Q: Who is a trial lawyer?A:
A trial lawyer is one who personally handlescases in court, administrative agencies or boardsand engages in actual trial work, either for theprosecution or for the defense of cases of clients.
(2006 Bar Question)
 
Q: Who is a public prosecutor?A:
He is a
quasi 
-judicial officer and as such, heshould seek equal and impartial justice. Heshould be as much concerned with seeing that noinnocent man suffers as in seeing that no guiltyman escapes. His primary duty is not to convictbut to see to it that justice is done. He should seeto it that the accused is given fair and partial trialand not deprived of any of his statutory orconstitutional rights. Consequently, thesuppression of facts or the concealment of witnesses capable of establishing the innocenceof the accused is highly reprehensible and iscause for disciplinary action. He shouldrecommend the acquittal of the accused whoseconviction is on appeal, if he finds no legal basisto sustain the conviction.
Q: Who is a private prosecutor?A:
A private prosecutor may intervene in theprosecution of a criminal action when theoffended party is entitled to indemnity and hasnot waived expressly, reserved or instituted thecivil action for damages. All criminal actionscommenced by complaint or information shall beprosecuted under the direction and control of theprosecutor. In case of heavy work schedule of thepublic prosecutor or in the event of lack of publicprosecutors, the private prosecutor may beauthorized in writing by the Chief of theProsecution Office or the Regional StateProsecutor to prosecute the case subject to theapproval of the Court. Once so authorized toprosecute the criminal action, the privateprosecutor shall continue to prosecute the caseup to the end of the trial even in the absence of the public prosecutor, unless the authority isrevoked or otherwise withdrawn
(Sec. 5 Rule 110RRC as amended, May 1, 2002)
.
Q: Who is a client?A:
A client is one who engages the services of alawyer for legal advice for purposes of prosecuting or defending a suit in behalf andusually for a fee.
Q: What is the nature of the practice of law?A:
The practice of law is not a natural property orconstitutional right but a
mere privilege.
It is not aright granted to anyone who demands it but aprivilege to be extended or withheld in theexercise of sound judicial discretion. It is in thenature of a franchise conferred only for meritwhich must be earned by hard study, learning andgood conduct. It is a privilege accorded only tothose who measure up to certain rigid standardsof mental and moral fitness. Those standards areneither dispensed with nor lowered after
admission. The attorney’s continued enjoyment
of the privilege conferred depends upon hiscomplying with the ethics and rules of theprofession.
 Q: Can the practice of law be a business?A:
No
.
The practice of law is a profession and nota business as it is an essential part in theadministration of justice, a profession in pursuitof which pecuniary reward is considered merelyincidental;
 
it is a pursuit of learned art in theinterest of public service.
Q: Why is law a profession and not a trade?A:
Law is a profession and not a trade because itsbasic ideal is to render public service and secure justice for those who seek its aid. The gaining of alivelihood is only a secondary consideration.
(2006 Bar Question)
Note:
But while the practice of law is a privilege, alawyer cannot be prevented from practicing lawexcept for valid reasons, the practice of law not
being a matter or State’s grace of 
favor. He holdsoffice during good behavior and can only bedeprived of it for misconduct ascertained anddeclared by judgment of the Supreme Court afteropportunity to be heard has been afforded him.
Q: May a corporation practice law?A:
No. It is well-settled rule that a corporationcannot engage in the practice of law. It may,however, hire an attorney to attend to andconduct its own legal business or affairs. But itcannot practice law directly or indirectly byemploying a lawyer to practice for it or to appearfor others for its benefit because of the followingreasons:

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->