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LEGAL ETHICSREVIEWERA

TENEO

ENTRAL

PERATIONS

2002

OLOSA

& A

SSOCIATES

LEGAL ETHICS –

is a branch of moral science, which treats of the dutieswhich an attorney owes to the court, to the client, to his colleagues in the profession andto the public as embodied in the Constitution, Rules of Court, the Code of ProfessionalResponsibility, Canons of Professional Ethics, jurisprudence, moral laws and speciallaws.

Original Bases of Legal Ethics:

1.Canons of Professional Ethics2.Supreme Court Decisions3.Constitution4.Treatises and publications5.Statistics

Present Basis of the Philippine Legal System:

Code of Professional Responsibility.

BAR

.BENCH

Refers to the whole body of attorneys anddenotes the whole body of judgescounselors, collectively the members of the legal profession

Practice of Law –

any activity, in or out of court which requires the application of law,legal procedure, knowledge, training and experience. To engage in the practiceof law is to give notice or render any kind of service, which device or servicerequires the use in any degree of legal knowledge or skill (

Cayetano v. Monsod,201 SCRA 210).

Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros:

that class of persons who are licensed officers of the courts, empowered to appear, prosecuteand defend; and upon whom peculiar duties, responsibilities, and liabilities aredeveloped by law as a consequence

(Cui v. Cui, 120 Phil. 729).

Attorney in fact –

an agent whose authority is strictly limited by the instrumentappointing him, however, he may do things not mentioned in his appointment butare necessary to the performance of the duties specifically required of him by thepower of attorney appointing him, such authority being necessarily implied. He isnot necessarily a lawyer.

Counsel

de Oficio –

a counsel, appointed or assigned by the court, from amongmembers of the Bar in good standing who, by reason of their experience andability, may adequately defend the accused.

Note:

In localities where members of the Bar are not available, the court mayappoint any person, resident of the province and good repute for probity andability, to defend the accused.

Sec. 7, Rule 116, Rules of Court.

Attorney

ad hoc

–

a person named and appointed by the court to defend an absenteedefendant in the suit in which the appointment is made (

Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)

Attorney of Record -

one who has filed a notice of appearance and who hence isformally mentioned in court records as the official attorney of the party. Personwhom the client has named as his agent upon whom service of papers may bemade. (

Reynolds v. Reynolds, Cal.2d580).

Of Counsel –

to distinguish them from attorneys of record, associate attorneys arereferred to as “of counsel” (

5 Am. Jur. 261).

Lead Counsel –

The counsel on their side of a litigated action who is charged with theprincipal management and direction of a party’s case.1

LEGAL ETHICSREVIEWERA

TENEO

ENTRAL

PERATIONS

2002

OLOSA

& A

SSOCIATES

House Counsel –

Lawyer who acts as attorney for business though carried as anemployee of that business and not as an independent lawyer.

Bar Association

– an association of members of the legal profession.

Advocate –

The general and popular name for a lawyer who pleads on behalf of someone else.

Barrister

(England) – a person entitled to practice law as an advocate or counsel insuperior court.

Proctor

(England) – Formerly, an attorney in the admiralty and ecclesiastical courtswhose duties and business correspond to those of an attorney at law or solicitor in Chancery.

Titulo de Abogado -

it means not mere possession of the academic degree of Bachelor of Laws but membership in the Bar after due admission thereto,qualifying one for the practice of law.

DMISSION

THE

RACTICE

The

Supreme Court

has the power to control and regulate the practice of law. Thus, theConstitution, under Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following powers:(5) Promulgate rules concerning the protection andenforcement of constitutional rights, pleading, practice andprocedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under privileged.

The Supreme Court acts through a

Bar Examination Committee

in the Exercise of his judicial function to admit candidates to the legal profession.

The Bar Examination Committee:

•

Composed of (1) member of the Supreme Court who acts as Chairmanand eight (8) members of the bar.

•

The 8 members act as examiners for the 8 bar subjects with one subjectassigned to each.

•

The Bar Confidant acts as a sort of liaison officer between the court andthe Bar Chairman on the other hand, and the individual members of thecommittee on the other. He is at the same time a deputy clerk of court.

•

Admission of examinees is always subject to the final approval of thecourt.

Practice of Law

The practice of law is a PRIVILEGE granted only to those who possess theSTRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who areinstruments in the effective and efficient administration of justice. (

In Re: Argosino,1997).

Practice of law means any activity, in or out of court, which requires theapplication of law, legal procedure, knowledge, training, and experience. “To engage inthe practice of law is to perform those acts which are characteristics of the profession.Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.” (

Cayetano vs.Monsod, 201 SCRA 210 citing 111 ALR 23).

Requirements for admission to the Bar:

1.Citizen of the Philippines2.At least 21 years old2

LEGAL ETHICSREVIEWERA

TENEO

ENTRAL

PERATIONS

2002

OLOSA

& A

SSOCIATES

3.Of good moral character 4.Resident of the Philippines5.Production before the Supreme Court satisfactory evidence of:a.Good moral character b.No charges against him, involving moral turpitude, have been filed or arepending in any court in the Philippines.

Requirement of Good Moral Character:

a continuing requirement; good moralcharacter is not only a condition precedent for admission to the legal profession, but itmust also remain intact in order to maintain one's good standing in that exclusive andhonored fraternity. (

Tapucar vs. Tapucar, 1998)

Academic Requirements for Candidates:

1.A bachelor’s degree in arts and sciences (pre-law course)2.A completed course in:a.Civil lawb.Commercial lawc.Remedial lawd.Public international lawe.Private international lawf.Political lawg.Labor and social legislationh.Medial jurisprudencei.Taxation j.Legal ethics

Non-lawyers who may be authorized to appear in court:

Cases before the MTC

: Party to the litigation, in person OR through anagent or friend or appointed by him for that purpose (

Sec. 34, Rule 138,RRC)

Before any other court

: Party to the litigation, in person (

Ibid.)

Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available

: the judge may appoint a non-lawyer who is:a.Resident of the province

Of good repute for probity and ability to aid the accused in his defense

(Rule 116, Sec. 7, RRC).

Legal Aid Program - A

senior law student

, who is enrolled in a recognized lawschool’s clinical education program approved by the Supreme Court mayappear before any court without compensation, to represent indigent clients,accepted by the Legal Clinic of the law school.

The student shall be under the direct supervision and control of an IBP member duly accredited by thelaw school.