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Legal Ethics

Legal Ethics

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Published by Brenda De Los Reyes

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Published by: Brenda De Los Reyes on Jun 20, 2012
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LEGAL ETHICS –
is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to hiscolleagues in the profession and to the public as embodied in theConstitution, Rules of Court, the Code of Professional Responsibility,Canons of Professional Ethics, jurisprudence, moral laws and speciallaws.
Original Bases of Legal Ethics:
1.Canons of Professional Ethics2.Supreme court Decisions3.Statistics4.Constitution5.Treatises and publications
Present Basis of the Philippine Legal System:
Code oProfessional Responsibility.
BAR 
 V 
.BENCH
Refers to the whole body of attorneys anddenotes the wholebody of judgescounselors, collectively the members of the legal profession
Practice of Law –
any activity, in or out of court which requires theapplication of law, legal procedure, knowledge, training andexperience. To engage in the practice of law is to give notice orrender any kind of service, which or devise or service requiresthe 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 licensedofficers of the courts, empowered to appear prosecute anddefend and upon whom peculiar duties, responsibilities, andliabilities are developed by law as a consequence
(Cui v. Cui, 120 Phil. 729).
 Attorney in fact –
an agent whose authority is strictly limited by theinstrument appointing him, though he may do things notmentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorneyappointing him, such authority being necessarily implied. He isnot necessarily a lawyer.
Counsel
de Oficio – 
a counsel, appointed or assigned by the court,from among members of the Bar in good standing who, byreason of their experience and ability, may adequately defendthe accused.
Note: 
In localities where members of the Bar are not available,the court may appoint any person, resident of the province andgood repute for probity and ability, to defend the accused.
Sec.7, Rule 116, Rules of Court.
 Attorney
ad hoc 
a person named and appointed by the court todefend an absentee defendant in the suit in which theappointment 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 andwho hence is formally mentioned in court records as the official
 
attorney of the party. Person whom the client has named as hisagent upon whom service of papers may be made.(
Reynolds v. Reynolds, Cal.2d580).
Of Counsel –
to distinguish them from attorneys of record, associateattorneys are referred to as “of counsel” (
5 Am. Jur. 261).
Lead Counsel –
The counsel on their side of a litigated action who ischarged with the principal management and direction of a party’scase.
House Counsel –
Lawyer who acts as attorney for business thoughcarried as an employee of that business and not as anindependent lawyer.
Bar Association
an association of members of the legalprofession.
 Advocate
The general and popular name for a lawyer who pleadson behalf of someone else.
Barrister
(England) a person entitled to practice law as anadvocate or counsel in superior court.
Proctor
(England) Formerly, an attorney in the admiralty andecclesiastical courts whose duties and business correspond tothose of an attorney at law or solicitor in Chancery.
Titulo de Abogado - 
it means not mere possession of the academicdegree of Bachelor of Laws but membership in the Bar after dueadmission thereto, qualifying one for the practice of law.

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