LEGAL PROFESSION REVIEWER

- formally began with establishment of

Faculty of Civil Law at the UST in 1733.

Chapter 1: Introduction

- 1910: UP College of Law opened with

50 Filipino and American students.

Legal Profession is a branch of the

administration of justice whose main
purpose is to aid in the doing of justice
according to law between state and
the individual and between man and
man. This is the reason why legal
profession is affected with public
interest.
Nature of an Attorney
- an advocate/counsel

-1964: RA 3870 created UP Law Center

to conduct continuing legal education
programs. Legal research and
publications.
-1993: RA 7662 or the Legal Education
Act emphasizes on advocacy, legal
counseling, ethics, quality of law
school, law curriculum etc.

- aids in the administration of justice

- Mandatory Continuing Legal

Education (MCLE) applicable to all
members of the IBP.

-inherent in our judicial system

Chapter 2: THE STUDY OF LAW

- class of persons who are licensed

constituted officers or courts of justice,
and who are empowered to appear,
prosecute and/or defend someone and
on whom peculiar duties,
responsibilities and liabilities are
devolved by law in consequence.

Basic skills and qualities required

in the study of law

- officer of the court, advocate of

justice

b. Perseverance

Legal Profession as a Subject

-introduces to a law student the
ethical and moral obligations of a
lawyer to the court, to his client, to his
colleagues in the bar and to the
society.
Brief History of Legal Education in
the Philippines
Sources of Philippine legal education

Spain (Roman Civil Law and

Canon Law
US (English common law)
Indo-Malayan influence (Islamic
law)
Code of Kalantiao

a. Dreams/ Ambition
-no place for half-heartedness in law
school

- time management
-sacrifice
-priorities
c. Patience
Basic tool to study Law and to
pass the Bar
a. Language the instrument by which
we understand, analyze and express
the law.
b. Logic or Critical Analysis- accurately
evaluate certain state of facts
c. Law- keep abreast with current laws
and jurisprudence of the country

Chapter 3: Nature of the Legal

Profession
I. Practice of Law is a Profession
- profession: group of men pursuing a
learned art as a common calling in the
spirit of public service
- a form of public trust, the
performance of which is entrusted
only to those who are qualified and
who possess good moral character.
Ideas involved in a profession
1. organization- bar associations
2. learning
3. spirit of public service
Legal profession; a privilege and right
- privilege granted to deserving
individuals, conferred only for merit
and good moral character
-membership in the bar is a
privilege burdened with conditions and
carries with it the responsibility to live
up to its exacting standards and
honored traditions.
Standards of the Legal Profession
1. Independence
- a lawyer must represent his client
with zeal within the bounds of the law
2. Accessibility
- legal services must be made
available to all and at the earliest
possible time.
-readiness of members to engage in
public service
3. Learning
- competence and diligence

Chapter 4: Practice of Law

Definition: Practice of Law is the
rendition of services requiring the
knowledge and application of legal
principles and technique to serve the
interest of another with his consent. It
is not limited to appearing in court or
advising or assisting in the conduct of
litigation, but embraces the
preparation of pleadings, and other
papers incident to actions and special
proceedings, conveyancing the
preparation of legal instruments of all
kinds, and the giving of legal advice to
clients. (Blacks Law)
-presupposes the existence of a clientattorney relationship
- customary or habitual holding out
oneself to the public as a lawyer, and
demanding payment for such services.
It is more than an isolated transaction.
Criteria for the practice of Law by
Justice Padilla
1. habituality
2. compensation
3. application of law, legal principle,
practice, or procedure which calls for
legal knowledge, training and
experience.
4. attorney-client relationship
Modern concept of practice of law
- any activity in or out of court, which
requires the application of law, legal
procedure, knowledge, training and
experience.
NOT considered practice of law:

Gratuitous furnishing of legal

aid to the poor and unfortunate
Mere records of realty

Ordinary preparation and

drafting of legal instruments
Clerical tasks

Chapter 5: Admission to Practice

Par.5, Sec.5, Art. VIII of the 1987
Constitution provides that the
Supreme Court has the power, among
others, to promulgate rules concerning
the protection and enforcement of
constitutional rights, pleading,
practice and procedure in all courts,
the admission to the practice of law,
the Integrated Bar, and legal
assistance to the underprivileged.
Limitations:
a) simplified and inexpensive
procedures for speedy disposition of
cases
b) uniform for all courts of the same
grade
c) shall not diminish, increase or
modify substantive rights
The Congress can enact laws
regulating the practice of law to
protect the public and promote the
public welfare. But may not pass a law
that will control the SC in the
performance of its function to decide
who may enjoy the privilege of
practicing law.
Integration of the Bar

SC has the inherent power to

integrate the Philippine Bar
Means the official unification of
the entire lawyer population of
the Philippines
Requires membership and
financial support
Signifies the setting up by
government authority of a
national organization of the
legal profession

Purpose:
1. assist in the administration of
justice
2. foster and maintain high ideals
of integrity, learning, professional
competence, public service and
conduct among its members
3. safeguard the professional
interests of its members
4. cultivate a spirit of cordiality and
brotherhood
5. provide a forum for the
discussion of law, jurisprudence,
law reform, pleading, practice and
procedure and the relations of the
Bar to the Bench and to the public,
and publish information
6. encourage and foster legal
education
7. promote continuing program of
legal research
8. enable the Bar to discharge its
public responsibilities effectively
Persons entitled to practice
Law

Must be a member of the bar

and is in good and regular
standing

Requirements for admission to

the bar:
1. Filipino citizen
2. at least 21 years of age
3. of good moral character
4. a Philippine resident
5. satisfactory evidence of good
moral character

Good Moral Character:

- at least common honesty

- not only a condition
precedent for admission to
the profession but must
remain intact to maintain
ones good standing
Decency, truthfulness and
responsibility=moral
character
Educational requirement= 4
year law study

Non- Lawyers that may practice law

1. a party may conduct his litigation
personally or with the aid of a friend or
agent
2. in localities with no member of the
bar is available, the MTC may assign a
person, resident of the province and of
good refute for probity and ability

8. those prohibited by special law

Chapter 6: Bar Examinations
Nature and Extent
1. Political law 15%
2. Labor law 10%
3. Civil law 15%
4. Taxation 10%
5. Commercial law 15%
6. Criminal law 10%
7. Remedial law 20%
8. Legal Ethics and Practical Exercises
5%

3. a union representative
4. a person representing a land
claimant
5. law student practice
6. representative of the government
Public officials prohibited from
engaging in private practice of
law
1. judges and other officials or
employees of the court
2. officials and employees of the OSG

Average grade: at least 75% in

all subjects and without failing
below 50% in any subject
Bar Examination Committeecomposed of SC Justice as
chairman and 8 members of the
bar who serve as examiners in
the 8 subjects.
-Bar confidant-acts as liaison
between SC and the Chairman
and the individual members of
the committee
- prepares the questions
-correction of the examination
papers
-give grades
-submit papers to the bar
confidant

3. govt prosecutors
4. President, VP, cabinet members,
their deputies and assistants
5. members of Con Com
6. Ombudsman and deputies
7. governors, city and ,municipal
mayors

Chapter 7: Law Students

Practice
Under Rule 138-1, a law student
who has successfully completed
his 3rd year of the regular four
year prescribed law curriculum
and is enrolled in a recognized
law schools clinical legal
education program approved by

the SC, may appear without

compensation in any civil,
criminal or administrative case
before any trial court, tribunal,
board or officer, to represent
indigent clients accepted by the
legal clinic of the law school.
Requirements:
1) successfully completed 3rd
year of the regular four-year
curriculum
2)must be enrolled in the
clinical legal education program
3)appearance must be pro bono
4) clients should be indigents
5) appearance must at all times
be accompanied and supervised
by a supervising attorney
Chapter 8: Duties and
Privileges of a Lawyer
1. Code of Professional
Responsibility
I. The Lawyer and the
Society
Canon 1: A lawyer shall uphold
the Constitution, obey the laws of the
land and promote respect for law and
legal processes
II. The Lawyer and the Legal
Profession
III. The Lawyer and the
Courts
2. Four-fold Duties of a
Lawyer
1. Duties towards the courts
2. Duties towards the society
3. Duties towards his colleagues
in the profession
4. Duties to his client
3. Privileges of an Attorney
1. right and privilege to practice
law during good behavior before

any judicial, quasi-judicial or

admin tribunal
2. presumption of regularity in
the discharge of functions
3. immunity from liability to
third person
4. statements are absolutely
privileged
5. right to protest in a respectful
manner
6. first grade civil service
eligibility
Chapter 9: The IBP
Integration of the bar means
unification of all the lawyers in
the Philippines.

Membership and financial

support

Chapter 10: Disciplinary

Proceedings

The SC is vested with the power

to suspend and/or disbar a
lawyer.
Lower courts may suspend but
not disbar lawyers

Disbarment- the act of the court in

withdrawing from an attorney the right
to practice law.
Suspension- prohibiting an attorney
from practicing law for a certain
period. (qualified disbarment)
Primary Objectives of Disbarment
and Suspension
1. compel the attorney to deal fairly
and honestly with clients
2. remove from the profession a
person proved to be unfit
Common Grounds
1. deceit

2. malpractice and gross misconduct

in office
3. grossly immoral conduct
4. conviction of a crime involving
moral turpitude
5. violation of oath of office
6. willful disobedience of any lawful
order of a superior court

7. corrupt or willful appearance as an

attorney

The disbarment of an attorney

is not necessarily a permanent
disability. He may afterwards be
reinstated on proper application
or on petition showing that he
has reformed himself.