O T E S I N
E G A L
T H I C S
MOST FREQUENTLY ASKED BAR QUESTIONS
PRACTICE OF LAW (1985, 1993, 1995, 1996, 1997, 2000, 2002)Question No. 1:What do you understand by ´practice of lawµ?Answer:
Generally, to engage in the practice of law is to do any of those acts which arecharacteristics of the legal profession. It embraces any activity, in or out of court, which requiresthe application of law, legal principle, practice or procedure and calls for legal knowledge, trainingand experience. It involves the carrying on of the calling of an attorney, usually for gain, acting ina representative capacity and rendering service to another. Engaging in the practice of lawpresupposes the existence of an attorney-client relationship. Hence, where a lawyer undertakes anactivity which requires knowledge of law but involves no attorney-client relationship, such asteaching law or writing law books or articles, he cannot be said to be engaged in the practice of hisprofession as a lawyer.
Question No. 2:A.
Is the practice of law a right or a privilege?B. Does the legislature have the power to regulate admission to the bar and thepractice of law?Answer:A.
he practice of law is basically a privilege because it is limited to persons of good moralcharacter with special qualifications duly ascertained and certified.
hus, only those persons areallowed to practice law, who by reason of attainments previously acquired through education andstudy, have been recognized by the courts as possessing profound knowledge of legal science.Attorneys are the court·s constituency ² to aid it in the administration of justice.
ongress under the 1987
onstitution has no power to regulate admission to the Bar and thepractice of law. Unlike the 1935 and 1973
onstitutions, the 1987 constitution no longer providesfor the power of the legislature to repeal, alter and supplement the rules promulgated by theSupreme
ourt. Under the 1935
onstitution, the legislature had the power to repeal or alter therules promulgated by the Supreme
ourt although the power and the responsibility to admitmembers of the bar resides in the Supreme
ourt. Under the 1987
onstitution, however, theSupreme
ourt has the exclusive power to promulgate rules concerning the enforcement of rights,pleadings and practice and procedures of all courts and the admission to the practice of law.
DUTIES OF A LAWYER (1985, 1988, 1994, 2000, 2004)Question No. 3:Being a lawyer and/or a member of the bar is an exceptional privilege worth aspiring foralthough it entails a lot of responsibilities and obligations (a) to the court; (b) to fellow lawyers;(c) to the clients; and lastly (d) to the public in general. Briefly discuss these obligations andresponsibilities.Answer:
First and foremost among the duties of the lawyer is his duty to the court.
he chiefmission of an attorney is to assist in the administration of justice.
o this end, his client·s successin the case is subordinate. His primary responsibility is to uphold the cause of justice.
hus, the lawyer takes orders from the court and not from his client.
he lawyer mustalways maintain respect to the court. He must use respectful language. He must defend the