Professional Documents
Culture Documents
LAWYERS OATH:
A. PRACTICE OF LAW
1. CONCEPT
a) DEFINITION: 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 practice of 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 v.
Monsod, 201 SCRA 210). Generally, to practice law is to render any kind of service
which requires the use of legal knowledge or skill.
b) PRACTICE OF LAW IS A PRIVILEGE, NOT A RIGHT. The right to practice law is
not a natural or constitutional right but is a privilege. It is limited to persons of good
moral character with special qualifications duly ascertained and certified. The
exercise of this privilege presupposes possession of integrity, legal knowledge,
educational attainment, and even public trust since a lawyer is an officer of the
court. A bar candidate does not acquire the right to practice law simply by passing
the bar examinations. The practice of law is a privilege that can be withheld even
from one who has passed the bar examinations, if the person seeking admission
had practiced law without a license.
c) LAW IS A PROFESION, NOT A BUSINESS OR TRADE. Lawyering is not primarily
meant to be a money-making venture, and law advocacy is not a capital that
necessarily yields profits. The gaining of a livelihood is not a professional but a
secondary consideration.13 Duty to public service and to the administration of justice
should be the primary consideration of lawyers, who must subordinate their personal
interests or what they owe to themselves. The practice of law is a noble calling in
which emolument is a byproduct, and the highest eminence may be attained without
making much money.
1* Memorize this and think that you will take this oath after the Bar and it shall be so.
(Sabi ng mga pumasa na ng BAR dito lang daw sa LAWYERS OATH umiikot ang mga
tanong sa LEGAL ETHICS)
3. APPEARANCE OF NON-LAWYERS
2. Before any other court, a party may conduct his litigation personally (Ibid)
3. In a 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, and
b. of good repute for probity and ability to aid the accused in his defense (Rule
116, Sec. 7, RRC)
4. A senior law student, who is enrolled in a recognized law schools clinical education
program approved by the Supreme Court may appear 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 the law school.
5. Under the Labor Code, non-lawyers may appear before the NLRC or any Labor
Arbiter, if (1) they represent themselves, or if (2) they represent their organization or
members thereof (Art. 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral
Court (Act No. 2259, Sec. 9).
7. Any person appointed to appear for the government of the Phil. in accordance with
law (Sec. 33 Rule 138).
The lawyers oath is not a mere formality recited for a few minutes in the glare of flashing
cameras and before the presence of select witness. (In re: Arthur M. Cuevas, Jr. 285 SCRA
59, January 27. 1998).
The lawyers oath is not mere facile words, drift and hollow, but a sacred trust that must be
upheld and kept inviolable. (Sebastian v. Calis, Adm. Case No. 5118, Sept. 9, 1999)
Duties of Attorneys:
b. observe and maintain the respect due to the courts of justice and judicial
officers;
d. to employ, for the purpose of maintaining the causes confided to him, such
means as only as are consistent with truth and honor, and never seek to
mislead the judge as any judicial officer by an artifice or false statement of
fact or law;
h. never to reject, for any consideration personal to himself, the cause of the
defenseless or oppressed;