Based on the book
“Legal and Judicial Ethics”
by Atty. Ruben E. Agpalo
Pro Se -
an appearance by a lawyer inhis own behalf.
one who personallyhandles cases in court, administrativeagencies of boards which meanengaging in actual trial work, either forthe prosecution or for the defense of cases of clients.
Power to regulate practice of law
[Art. VIII, Sec. 5(5)]
vests this power of control andregulation in the
. Theconstitutional power to admitcandidates to the legal profession is a judicial function and involves theexercise of discretion.
Const art. XII, sec. 14.
The practice of all professions inthe Philippines shall be limited toFilipino citizens, save in casesprescribed by law.
The SC acts through a Bar ExaminationCommittee in the exercise of its judicialfunction to admit candidates to thelegal profession. Thus, the Committee iscomposed of a member of the Courtwho acts as Chairman and 8 membersof the bar who acts as examiners in the8 bar subjects with one subjectassigned to each
Practice of law is impressed with publicinterest.
Attorney takes part in one of themost important functions of theState
The Administration of Justice.
Duty of the State to control andregulate the practice of law topromote public welfare.
Practice of law is inseparably connectedwith the exercise of its judicial power inthe administration of justice.
LEGISLATURE’S EXERCISE OF POLICE
may enact laws regulating thepractice of law but may not pass a lawthat will control the Supreme Court onits function to decide who may enjoythe privilege of practicing law. Could beconsidered unconstitutional.
SC POWER TO REGULATE PRACTICE OFLAW includes:1.
Authority to define that term.2.
Prescribe qualifications of acandidate and the subjects of thebar exams.3.
Decide who will be admitted tothe practice.4.
Discipline, suspend, or disbar anyunfit or unworthy member of thebar.5.
Reinstate any disbarred attorney.6.
Ordain the integration of thePhilippine bar.7.
Punish for contempt any personfor unauthorized practice of law.8.
Exercise overall supervision of thelegal profession.9.
Exercise any other power as maybe necessary to elevate thestandards of the bar and preserveits identity.
Power to regulate the practice of law isnot an arbitrary or despotic power to beexercised at the pleasure of the court.
It is the duty of the court to exercise itby a sound and just judicial discretion.
Nature of office of attorney
An attorney is more than a mere agentbecause he possesses special powers of
trust and confidence
reposed in him byhis client.
Independent as the judge.
In a limited sense, a
although not in the constitutional orstatutory meaning of the term.
becausehe is in fact an officer of the court.
is reserved to thosewho has: