LEGAL PROFESSION The most prestigious profession

CHAPTER I (Introductory Chapter)
Legal profession most misunderstood and maligned by non-lawyers
Plato warned against lawyers in the commonwealth
Napoleon had an ingenious plan to starve lawyers by
legislation
Peter the Great was asked if he had lawyers in his
kingdom. He had two, and intends to have one of them
hung
Shakespeares play Henry VI the first thing we do, we kill
all lawyers
Judge Sharswood a horde of pettifogging, barratrous,
custom-seeking, money-making lawyer, is one of the
greatest curse with which any state or community can be
visited
most glamorous profession in the Philippines is the legal
profession
had the broadest educational background for leadership in
the community
however, it takes a lot of effort, expense and time to be
admitted to this noble profession
the study of law is a serious commitment to the cause of
justice
Policy-oriented approach (yale-law approach) the lawyers is
looked up to by his community for his ability to identify the goal
values of society
CHAPTER II (History of the Legal Profession)

Another criticism too many lawyers today who are parasites, no
ethical standard and who are a disgrace to the noble profession
George Malcolm American jurist who started the law school which
became UP College of Law
Section 1. the English background
The legal profession in England and Wales is divided into two
branches (solicitors and barristers)

Legal profession history and real meaning of the professon he

intends to aspire for

Legal ethics ethical and moral standards of the profession

Legal counseling in relation to professional responsibilities as a 19th Century four great inns of court
lawyer
Lincolns Inn
Problems in legal ethics examining specific problem areas which Inner Temple
may confront lawyers and judges in their exercise of their Middle Temple
profession Grays Inn

Renato Cayetano v Christian Monsod practice of law means any Solicitors

activity in or out of court which requires the application of law,
legal procedure, knowledge, training and experience. officers of court,
 subject to close control from the judiciary (judges) and
parliament (legislature)
must be British subjects
Barristers (the bar)
have a monopoly of the right of audience in the superior
courts
independent of both judges and legislature
May be of any nationality
*Very many people are called to the bar with no intention of
practicing, but mainly with the intention of securing some
qualification which will advance them in their career.
The Bar (divided into two ranks)
Queens counsel wears silk gowns and are called Silks or
Leaders / appointed upon the recommendation of the
Lord Chancellor
Juniors all other barristers
Main Classification of practicing barristers
Chancery
Common law bars
Legal profession in other countries
Similarities tasks and functions with which the profession
is charged and sense of professional responsibility to the
client, tribunal and to the public
Dissimilarity affected by the political, economic and
social institutions and even by the ideals of its country
Bernard Shaw those who can, do those who cant teach
Justice J.B.L. Reyes those who cant teach, become law deans
Legal education is the fountainhead of the legal profession
Legal Education in the Philippines
Governed by three major legal systems:
Roman Civil law and Canon Law of the Catholic Church
Spain
English Common Law United States
Islamic law from your part of the world
1734 first law courses were offered in the country in Pontifical
University of Santo Tomas
Spanish was the language of instruction and curriculum
Devoted to civil law, economy, statistics and finance
1910 first law courses conducted in English
Began in manila YMCA
Now UP College of Law established in 1911
Training:
Completion of four-year baccalaureate program in arts and
sciences
Four year course of bachelor of laws degree
Admission to the bar is governed by the rules of court
Requires: satisfaction of academic requirements and
passing the bar given by the committee of the SC
Goals of law schools:
prepare the students for the practice of law
assume leadership in different spheres of public service
contribute to the development of Phil. Jurisprudence
Teaching Methods
 case method combination of lecture/recitation
clinical method through practices/activities
code method codified laws are the starting point of study
Philippine law schools follow American law school model
English as medium of instruction
Compulsory class attendance
Case method is used
Co-curricular activities: law review
Moot court competitions
Education in the Law
First regular in-service training programs I various branches of the
govt service where special aspects of the law are discussed
Second popularizing the law projects are also undertaken, idea
is to acquaint the participants with the basic rights and obligations
of citizens
Law is an all-pervasive element of a peoples culture. It touches
every aspect of their lives, reaching out to the unborn child and
beyond the grave. These are most easily obtained if those on whom
they are imposed are informed about them and can appreciate the
basis of their compliance.
Three levels (Role of IBP in legal education)
Legal education of the people
Legal education as professional training
Continuing legal education
The Law Teacher
In the Phils., as a rule, law teaching is a secondary activity, done
after a full days work by law practitioners or judges or other
government functionaries.
People who devote themselves in professional career in law
teaching (very rare case)
a person who embraces the teaching as a career takes the vow of
poverty
Law teacher the first model the law students see of what a
member of legal profession out to be, they, therefore bear the
heavy responsibility of setting the example of moral rectitude.
CHAPTER III (Nature and Meaning of the Legal Profession)
Learned professions certain common calling of a traditionally
dignified character (law, medicine, ministry)
Concept was developed during middle ages
Lawyers, church officials, physicians received prolonged
formal training
training is necessary to admission to a learned profession
are based on intellectual technique
Trainings are prescribed by the state
Second attribute: organization
Have through their associations set up codes of ethics
(codes that are taught by precept and example and made
effective by the discipline of an organized profession)
Third attribute: dedicated to a spirit of public service
Gaining a livelihood is incidental
He does not seek to create a demand for his services in the
fashion that the businessman does
Dean Roscoe Pound a learned profession is a group of men
pursuing a learned art in the spirit of public service
Relationship (1) to his client, (2) to his profession and (3) to the
public in general
Responsibilities owed to his clients
Lawyer client
Physician patient
Minister church member
NOTE: there is always a relationship, usually contractual, almost a
status. THERE IS RELATIONSHIP OF TRUST AND CONFIDENCE
He must be frank and open in his dealings with his clients
He cannot have any interests of his own, no conflict of
interest
If he makes personal gain, he holds it in trust for the
benefit of his client
PROBLEM: practice becomes more like a business
Responsibilities owed to the profession
All true professional men recognize that they owe a duty to their
profession (to seek and improve it)
To seek and improve the administration of justice
To better the procedural rules and substantive rules
To find means to eliminate delay in court
To find better means of selecting judges
Improving legislative process
Duty to engage in research (duty to continue the education
which was started in the university)
Duty to know and to comply with the codes of ethics and to
realize the problems that are involved
A lawyers distinctly owes the duty to take a case if he
concludes it is justified
Should be ready to provide services to the poor without
insisting on a fee
Responsibilities owed to the society
duty to supply intelligent, unselfish leadership to the
forming of public opinion and the determination of
important issues
Democracy requires leaders, not in the authoritarian sense of
having the power to command, but in the sense of being able
to persuade others to follow.
COMMENT:
profession involves the pursuit of a learned art of mastery
of which requires training and superior intellectual ability
services rendered are vital to society and are generally
recognized to be so. I cases of lawyers services, regulation
and control of relations between individuals and between
them and the state
these services are offered to clients who employ them,
usually for a fee. For-hire basis.
The relationship established is by large a personal one
Responsibility for securing these services to all who need
them and in such a manner that the public interest will be
best served is left to the profession itself.
Business ethics the principles of fair play and honorable dealing
which men should observe in business
The Ideal of Service
Rousseau will of all and general will
Business
Activity of businessmen will of all
Each in pursuit of his own success
General will activity which seeks first the common
interests
Business cannot assume the aspect of a profession
Profession
Prime object is the service it can render to humanity
 Goal is primarily for the good of the public
Is a branch of the administration of justice and not a mere
money-getting professions
Teaching of as a social science
Guiding principles:
The study and teaching of law must be integrated with the
social sciences. Law is viewed as part of social process that
is a system for the making of important decision by society
Training in the law complex must be a training in the public
interest: must be continuous, conscious and systematic
effort.
College of law should aim to train lawyers to be socially
conscious leaders who would be interested in promoting
public interest than protecting the private property rights
of individual clients
To develop professional skills of students and lawyers,
school of law should develop the basic working skills
necessary for successful law practice, like analytical skills,
communication skills, negotiating skills as well as
awareness of their institutional and non-legal environment
Should be woven around a sense of purpose
Is the case method in law study a science?
Christopher Langdell of harvand law school (1870) introduced the
case method of law study
law is considered a science, consist of certain principles and
doctrines, the growth of which is to be traced in the main through
a series of cases by mastering the doctrine effectively is by
studying the cases in which it is embodied.
Langdellians law study is a science arrived at through the
inductive method. Student my look upon the law as a science
consisting of a body of principles to be found in adjuged cases, the
cases being to him what the specimen is to the geologist.
1870 tradition of mysticism by priestly scholars inherited from
medieval monks
Mystical exercise of memorizing codal provisions and laws
taught by monkish professors
Relationship between law and religion to compel
obedience to law through threats of hellfire and
brimbstone
transcendental nonsense
Case method coupled with socratic dialogue between teacher
and student
Victorian worldview of positivists law is an independent and self-
contained discipline unrelated to the other sciences.
Why approach law as a social science?
Realists law is a process of legal observation, comparison
and criticism instead of an exact science of value-free
principles.
Justice holmes the life of the law has not been logic, it
has been experience
As a branch of anthropology law is an object of science,
the theory of legislation is a scientific study
Social sciences: economics, sociology, anthropology,
psychology and political science
Law queen of social sciences
Law is a product of our history
Law is needed for social reform
Using the tools of social science in law
Multi disciplinary phenomenon historical, social, economic,
political, religious, psychological and anthropological. (broadens
the study of law)
Rule of law in social order
Seven central problems which circumscribe the main subject
matter of the study of law in relation to social science
the relation between law and social type
functions of law in society
modes of operation of law
creation, development, and evolution of law
law, culture, and main social institutions
law and social change
law and law personnel
these list of problems are comprehensive enough to show how
law would relate to the social sciences of anthropology,
sociology, political science, psychology and economics
Empiricism and social values in law
law is essentially normative and study of law delves into
policy considerations behind the law
objectives of UP college of law legal aid clinic (clinical method)
provide free legal services to those who cannot afford them
provide law interns practical experience
cosciencize them to plight of the poor and oppressed
sectors in society
help improve administration of justice by filing test cases
assist in law reform activities
clinical method of legal education compels students to focus on
judicial and admin. Process and to apply scientific methods to
the making and prediction of decisions. Ultimately, the
conscienticized student who is exposed in reality will soon
realize that the law can be a vehicle for social transformation
four factors working in favor of those who hold economic
resources:
different strategic position of the parties
role of lawyers
institutional facilities
characteristics if legal rules favoring the haves
Audrey Lorde the masters tools will never dismantle the
masters house
Martha Winow lawyers have much to learn from social change
activists who often work outside the formal legal and political
systems to create institutions to address what they think the law
ignores
Dean Roscoe Pound economic interpretation of law is law
interms of a system of rules imposed on men by the dominant class
in a given society for the furtherance of their interests
Justice Holmes wrote to Dr. Wu law becomes legalizing principle
for the imposition of the wants of the dominant groups over the
subject classes or the rest of society
Charles Merriam the monopoly of legality
Required Courses
first semester legal history (law 115) which traces the
development of the worlds legal systems, including the
phil. Indigenous law, and emphasizes their relation to the
basic legal institutions of the Philippines.
Legal method (law 116) deals with legal analysis, research
techniques, rules of legal interpretation, and other aspects
of legal process
Second semester - Legal theory (law 117) which discusses
main schools of jurisprudential thought, with emphasis on
the philosophical influences on the varying conceptions of
ideal law and natural law, and their impact on law as an
instrument of procedural and substantive justice.
Legal profession (law 120) the study of history, sociology
and the development of legal profession, role of legal
profession in the phils and includes study of code of
professional responsibility for lawyers.
 Third year medical jurisprudence (law 118) deals with the Civil law
intersection between law and medicine. It is the subject Labor and social legislation
where law students become acquainted with the discipline Mercantile law
of medical science Criminal law
Political law w/c includes consti law, public corporations
Elective courses and public officers
Taxation
Philippines indigenous law (law 132)
Remedial law w/c includes civil procedure, criminal
Law and poverty
procedure and evidence
Human rights
Legal ethics
Practical exercises

CHAPTER IV (Perspective of Legal Education) The Curriculum

The challenges to legal education in the Philippines Curriculum is prescribed by department of education and
culture in its Memorandum Circular no 16 and 30 ,series of
Increasing number of people who seek admission into the 1971
Philippine bar annually Based on curriculum of UP at that time
Adoption of 1973 constitution and the proliferation of laws
recently promulgated To able to cope with the problems of today, one has to be wholly
Several suggested reforms directly affecting legal equipped:
education as to move to abolish bar examinations
Physically
Historical background Emotionally
Mentally
1733 introduction of legal education in the Philippines Spiritually
with the establishment of the faculties of Civil Law and It is not enough to feed the intellect
Canon Law at University of Sto. Tomas
1911 organization of UP college of law founded and set up Legal educators to teach in the classroom what the law is but
by George Malcolm under auspices of the educational what it ought to be
department of the YMCA
Opportunities for a neophyte lawyer
Supervision of law schools
Government service
Subject to administrative supervision of Bureau of Higher Corporate practice
Education of DEPED Business firm
All matters which affect admission to the bar are regulated Administrator
by the SC Counselor
Arbitrator
Bar examination subjects:
 Social or economic planner
Faculty
Decision-maker
Public servant
Management man
Politician
All of such, a lawyer must be prepared
training the student to pass, or better, top the bar examination
has been the be-all and end-all of most law schools the only
subjects offered are those given in the bar examination
Qualities a young lawyers should have (survey UP)
Honesty and integrity
Knowledge of law
Language proficiency both spoken and written
The Faculty
legal education has degenerated into a part-time endeavor
with part-time professors teaching part-time students
(lawyer turns out to be half baked?)
for majority, teaching has become a sideline for the law
practitioner, except UP
root cause: lack of inadequate financing (minimum rate
salary of professors)
those who handle part time student uses lecture method
(spoonfeed working students)
those who handle full time students resort to socratic
method
Expanded activities of law schools
clinical activities: legal aid services, internship in law
offices, courts and government agencies have now been
introduced in law schools
The Bar Examination
a device used to measure the fitness and capability of a
law graduate to join the ranks of the professional lawyers
has been transformed into a monster that holds in it
viselike grip law school administrators, professors,
students, and just about everybody concerned with law
Chief Justice Fred Ruiz Castro possible abolition of the
bar examination
Major complaint: the type of questions asked seek to test
not so much the power of analysis of the examinee, as his
retentiveness of memory
Experimentation objective type, enumerations, essays
which changes unexpectedly every year
when a client approaches us, he will not ask us to define
terms and enumerate! angry student
Recommendations to improve the quality of legal education
system and quality of lawyers
Administrative supervision over law schools should be
lodged in a committee composed of representatives of the
SC, DEPED, law schools, IBP and the public sector
Requirement of a bachelors degree in the arts or sciences
for admission to law school be lifted as it extended the law
course from six to eight years
Curriculum should be revised as to make it more relevant
and responsive to the needs of society
Bar examinations should not be abolished for the meantime
that a more practicable alternative has not as yet been
devised compatible with the goals of legal education
The Golden Age
Adaptation of roman-spanish law and American common
law
New substantive doctrines of law had to be fashioned
Geniuses of the bar effected the transition by building as
best it could on the past, rather than by breaking with it
and starting anew
 Lawyers become numerous during this period, overflowed
the confines of their profession into society, business, and
most notably, into politics.
Traditional law schools
law schools were established to train technically
competent lawyers which means that by the time a student
graduates, he must have a good grasp of the important
laws of the land, be able to speak, write and comprehend
legal language and understand legal concepts and modes of
thought
law graduate must possess to a high degree the power of
legal analysis and reasoning: the ability to think like a
lawyer
heavily relied on the recitation system (system found to be
most effective in developing the students power of
analysis, reasoning, ability, and facility of expression)
inadequate for our purposes today and that certain changes
in the method of instructions as well as the curriculum may
help update it and bring about modern law school
Ateneo law school conference on legal education (findings)
failure of a lawyer to live up to his professional obligations
development of the law students memory rather than his
skill in legal analysis and reasoning
observation that legal education seems to consist of mere
spoon feeding of pre-digested information
Law school admissions test
all Philippine law school must should adopt some form of a
law school admissions test (LSAT)
LSAT is a uniform objective examination designed to
measure some of the mental qualities which are needed for
a successful law study. PREDICTOR of success in law school.
Formulated to gauge the individuals capacity to read,
understand, and to reason logically with a variety of
verbal, quantitative and symbolic materials
Weed out students without any aptitude for law
New teaching methods
Clinical education method similar to the socratic question
and answer, discussion, or role playing method. Can be
described by common sense notions of learning by doing
and also in terms of cognitive psychology
- We depend on the interplay of thought and action to
make sense out of experience and to create some
meaning out of the mass of factual data with which we
are continually confronted.
- Important that the student gets a good glimpse of the
lawyering process (to start where all legal problems
begin) the law office
Educational objectives of the integrated bar
Encourage and foster legal education (legal education
of the people)
Devise and maintain a program of continuing legal
education for practicing attorneys in order to elevate
the standards of the profession throughout the country.
(legal education as a professional training)
Conduct campaign to educate the people on their legal
rights and obligations, on the importance of preventive
legal advice, and on the true functions of the Filipino
lawyer. (continuing legal education)
Legal education generally understood to mean the special training
that goes into the making of a lawyer but it has long been
recognized that this education does not end with admission to the
bar
Essentiality of knowledge of law
Woodrow Wilson every citizen should know what law is,
how it came into existence, what relation its form bears to
its substance, and how it gives to society it fiber and
strength
 Not only desirable but has become a necessity because of
complexity of modern society. It touches and regulates his
life, acts and omissions, his relationship and property
Ignorantia legis non excusat (duties and obligations of
citizens)
Legal Education at the First level
Constitution shall be part of the curriculum in all schools
Part of the IBP is commitment to legal education (part of
its objective to encourage and foster legal education,
complement and supplement the formal instruction which
the school may offer)
Legal education starts from grade school through lessons
in civics and government, through secondary schools to
college
Legal Education at the Second level Legal education proper
The professional training in the colleges offering degree
courses in law
Clinical Legal Education
o Affords the student the opportunity to participate
in legal work through interviewing of clients,
counseling, investigation, limited appearances in
lower courts and admin agencies
o Acquaints them with real problems and enables
them to see how the bar, bench and the public
interrelate
o Gives them the opportunity to extend legal
assistance to persons who would otherwise be
unable to engage the services of a lawyer
Law teaching
o Constitutes a very small portion of law profession
o Law teachers falls the main responsibility for
training future members of the bar
o Quality depends in large the measure of
competence and dedication of law teachers
Accreditation of law schools
o Bureau of Private Schools regulates the
establishment and operation of schools offering
instruction at all levels, including law schools
o Sets requirements as to faculty, curriculum,
library, school calendar, etc.
o SC prescribes rules of admission, requirements in
taking the bar
Legal education at the third level continuing legal education
IBP objective to devise and maintain a program of
continuing legal education for practicing lawyers in order
to elevate the standards of the profession in the country,
to create law centers and establish law libraries for legal
research
Directed towards improving professional competence
through law institutes
Lawyers must continue to grow in knowledge and
competence and the rapid changes in society demand that
they discharge them with skill and thoroughness
To develop his talents to the maximum, duty which he
owes to the courts of which a practicing lawyer is an
officer and to his clients he represents, to the society in
which he lives and to his colleagues in the profession.
CHAPTER V (Responsibilities of the Lawyer)
Lawyer belongs to a privileged class of professionals which
constitutes the natural bond between the people and their
government.
Main objective: to attain justice in all aspect of society
Moral obligation: amicably settle dispute to avoid unnecessary
litigation in court.
Canon 1 of code of professional responsibility: a lawyer shall not,
for any corrupt motive, or interest, encourage any lawsuit or delay
any mans cause for money
Catholic lawyer: should be consciencously observing the rules of
professional conduct and that his religion will promote the causes
of justice and equity, which are so necessary for preservation of
the nation.
Public responsibility of a lawyer
The legal profession membership entails responsibilities as well as
privileges. Relationship arises from clients, courts, legal profession
and society.
Thus, the training and skills of a lawyer are the means to earn a
living, it is the element of public service that elevates the calling
to a profession.
Lawyer relationships available for a fee and governed by contract
subject to rules of law and canons of professional ethics
lawyers are guns for hire
Anthony trollop always remember that when you go into an
attorneys door, you will have to pay for it, first or last.
Thomas More visualized utopia as lawyerless society for they
consider them as the sort of people whose profession is to disguise
matters (society w/out lawyers by Victor Li writing in china)
Social function served the first thing we do, lets kill all lawyers
can be taken not as condemnation but as an implicit recognition of
the legal profession as one of the key institutions of the social
order.
The constitution and lawyers the constitution is the lawyers bible.
Free access to the court and free legal assistance are
responsibilities of a lawyer
Spheres of public responsibilities
Extending legal assistance to the needy does not exhaust the
lawyers public responsibility
The instrumental lawyers function shaping and clarifying
the purposes of whose whom they serve, and sometimes
refusing to execute a given purpose.
The counseling or protective function a lawyer
contributes to ameliorate (make something better) the
risks of life.
Role in the sphere of conflict this is the most familiar
Sphere of civic wisdom Neal perhaps it will suffice if we
think of him as the practicing political philosopher, or more
simply as an educator
abogados the campanilla lawyers who have
distinguished themselves in law practice. Filipino lawyers
contribution to the development of the country.
Survey of legal profession (as lawyers see lawyers)
75% - administration of justice should be viewed in terms of
the general interest of the larger society and a significant
majority believes that most lawyers are willing to take
personal risk to assume that justice is done.
Lawyers legal aid
Lawyers public responsibility is legal aid to the needy, particularly
in criminal cases.
Gideon v wainwright there is a widespread belief that lawyers in
criminal courts are necessities, not luxuries.
If representation of clients unable to pay the price of a lawyer is
made, it is by assignment de officio, or if voluntary, it is regarded
as an act of charity.
IBP gives priority to its legal program
Prepaid legal plans an individual client pays in advance for legal
services which he may need or use in the future
Organizations which gives legal assistance:
Citizens Legal Aid Society of the Philippines (CLASP)
U.P. Women Lawyers Circle (WILOCI)
Citizens Legal Assistance Office (CLAO)
Bureau of Agrarian Legal Assistance (BALA)
Thomas Jefferson when a man assumes public trust, he should
consider himself public property
Civic wisdom the highest as well as the most difficult of the
lawyers role in society. Because a lawyer is usually articulate and
willing to take initiative he has been looked up to and expected to
lead.
OBSTA PRICIPIIS best guide in keeping responsibility of lawyers
resist the first insidious approaches of anything dangerous or evil
CHAPTER VI (APOSTASY IN THE LEGAL PROFESSION)
1. A lawyer vows solemnly to conduct himself with all good
fidelity to the courts to observe and maintain the respect
due to courts of justice and judicial officers
Illustrations:
A lawyer who, with alacrity, recklessly denounced the
members of the SC as recreant to their office because they
allegedly do not themselves pass upon petitions for
review filed with the court, asserting, of course
incorrectly, that only the clerk of court himself decides
whether to deny or to give due course to such petitions
Lawyers who, because of frustration resulting from the
denial of his petition for review, libeled the court as
manned by people who commit culpable violations of the
constitution with impunity and who administer justice
that is not only blind but also deaf and dumb, and
proclaimed to the world that his client had become one of
the sacrificial victims before the altar of hypocrisy
The lawyer who, suddenly from nowhere, entered his
appearance in the court in a case more than two years
after the completed execution in the court below of the
final judgment of the court.
The lawyer, if he can be considered one, who filed a
petition that was completely unintelligible and
undecipherable.
The lawyer who, facing charges of moral turpitude that
could lead to his disbarment, instead of throwing himself at
the mercy of the court, compounded his malfeasance by
subsequently submitting to the court documents
maliciously falsified by him.
The lawyer who petitioned the court for transfer of venue
of a case (where he was a counsel) on the completely false
assertion, made under oath, that his life was threatened
several times by the opposing litigants.
The lawyer who advised his client to escape from prision
for habeas corpus filed by him in behalf of his client was
decided adversely.
Lawyers who, because of their negligence the right of
appeal to the supreme court was lost due to the lapspe of
the reglementary period, later filed special civil actions for
review, in the hope that the court would faild to discover
their duplicity.
Those who argue before the court completely unprepared
Those who lack candor and/ or are intellectually dishonest
when arguing before the court
Who filed petitions so cleverly prepared that while such
petitions do not intentionally tell a lie, they do not tell the
whole truth in the sense that they omit to state
unfavorable or adverse facts
Who desperately want to win cases solely on the basis of
technicality
Who foist bizarre theories upon the court
2. Criticism expressed by a lawyer against the courts practice
of rejecting petitions by minute resolutions
Review of court of appeals decision, discretionary
not a matter of right but of sound judicial
 discretion, and will be granted only when there are
special and important reasons therefor.
May only consider if It had decided cases in a way
not in accord with law or with the applicable
decisions of the supreme court and if it departed
from accepted usual course of judicial proceedings,
departure by lower court.
CHAPTER VII (Legal education in present society)
Developments are result of challenge and response
Robert Hutchins far from being surprised by change, will have
anticipated and perhaps contributed to it
The past is prologue
George A. Malcolm proposed the establishment of laws school in
manila YMCA to offer law courses in 1910. 60 years after, English
completely displaced Spanish as language of law school and courts
UP law center
Established by R.A. 3870
Legal education, law reform and publication
Continuing information about new trends and developments
in law
Forum for discussion of current problems and new issues in
law
Legal education today
Law profession springboard for a career in politics or govt
service
Law curriculum
Law schools have to comply with the bureau of provate
schools regulations
SC in exercise of its consti power may prescribe rules for
admission to the practice of law (determines who shall be
admitted)
Lawyers are officers of court and the practice of law is a privilege
given only to those who qualify both intellectually and morally
Objectives of legal education
Prepare the students for the practice of law
The most important ingredient in a lawyers education may
well be the ability to learn by himself
Faculty
Competent faculty is the most important element in the
legal education structure
The best conceived curriculum if not properly implemented
would be good only on paper
Draw for student their best effort
teaching is an art as well as science, a good teacher is one who
can win the respect of his students that they want to do their best
to win his respect
Francis Allen the training of young people for careers of teaching
and research, in the law schools become the consideration of first
importance
Method of instruction
Question and answer
Teachers and students must come fully prepared to use the
materials given to them. Must be equally prepared.
Teachers plaans the direction of discsussion
Creative and imaginative use of instruction to develop power of
analysis, logical thinking and ability to communicate effectively
Students the ideal situation would be that no student should fail
in the school once he has passed its rigid requirement for admission
Don Pepito ABUGADO Evaluation of answers

the more man progresses, the more complicated society grows, Substance and content
the more important law becomes (regulation) (law is never dead) Logic and reasoning
Grammar
Two important developments in history
Examiners perform function impressed with the highest
Political independence Spanish and American rule consideration of public interest
Emergence of struggle between democracy and communism
o Communism ruthless, atheistic, materialistic Realistic approach to law teaching to enable the students of law
o Democracy human freedom, basic rights of to learn to master laws on their own, after learning the technique
individuals and existence of God of how can this be done through a course of study planned for
intensive and thorough training
Lawyers think that their function is only remedial, not constructive
and promotional Abolition of bar examinations (three essential conditions)

Basic cause of failure of law in our country in the separation and
isolation of law from morality (separating the body from the soul)
Establish harmony between morality and law principal function of
education law schools must produce lawyers who will have not
only legal competence but also moral character as long as society
exists, lawyers will always be needed.
The bar examination qualifying process
To qualify the test, the examinees credentials must show
completion of prescribed courses of study
Bar is undoubtedly important but not the test to end all
tests
Objectives of bar examinations
Logical reasoning
Thorough knowledge of fundamental principles of law and
their application
Ability to analyze and solve legal problems
Ability to communicated in precise language
A system of accreditations for law schools
Annual examinations for every level of law classes
A system of apprenticeship
Dean Roscoe Pound the primary purpose of profession is public
service
Making a layman into a lawman
Four year pre-law course
Additional four year academic training in law school
So that one can be allowed to take the bar examination
After passing which, one can be considered for admission to
the practice of law
Objectives of the school
Prepare students for the practice of law
Develop men and women for technical and other positions
in the civil service and the outside
Train persons of leadership in difference spheres of activity
Contribute to Philippine jurisprudence and legal literature

1/3 for livelihood and 2/4 for public service of law profession
Primary concern of law schools Dark side lawyers are liars and mayabang

Intellectual content or practical training in skills? It takes a quite bit of doing

Develop in the students the practical skills of the lawyer Four years non-legal education
Emphasis on the intellectual content (study general 4 years of law school
principles and basic theories of law) Bar review (may-oct) results: march

The teaching learning process involved in the training of student No place for half-heartedness forget about entering law school or
of the law is not a simple exercise in memorization. It is a taking the bar/ the most frustrating time in your life
painstaking process of developing the ability to analyze, synthesiz
and to think critically. It is the development of habits of Choice of schools
thoroughness and the ability to communicate effectively, whether
in speech or writing. Quality professors
Tradition of excellence
College does is to give him the ability to find the law for himself
and to develop habits of thoroughness (develop to lean by himself) What is needed to study law

CHAPTER VIII (How to be a Lawyer) language is the tool of law the instrument by which you
understand, analyze and express the law
develop into a fine lady or gentleman and you have a genuine
potential to be a fine lawyer The three Ls

Reasons: Language
Logic or critical thinking
1. Glamorous profession lawyers are found in almost all Law
human endeavors
2. Lawyer in the govt for promotion purposes, attain Improving language skills
highest positions and first grade civil service eligible (R.A.
1080) Wide reading and listening
3. Lawyers in business knowledge of the law protects that Keen perception
lawyer-businessman from legal pitfalls, better views of Constant speaking and writing
specific laws
Classroom interplay
What makes a good lawyer?
Cooperative effort between the professors and the students
Fair amount of intelligence will do Result of mutual fear
Good in speech
Human dealings Techniques in studying

Social background born with silver spoon in mouth Reading ahed

 Understanding makes you remember
Always have your own notes in your own handwriting
Cramming never desirable habit in studying law
Student deportment
Cardinal sin to quarrel with the professor
To keep quiet
Humility
Humble attitude that you do not know everything
Study and practice of law
Legal writing
To become a good lawyer, you have to be a good writer
Good legal writing is good writing of a layman who knows
the law
CHAPTER IX (Ethics of legal profession)
The law profession dedicated to public service to maintain peace
and order in society in accordance with law and justice. Only those
possessed with intellectual competence and of high moral integrity
are admitted to the profession.
Legal ethics the branch of moral science which governs the duties
and responsibilities of the lawyer in his dealing with the court, his
client, colleagues in the profession and the community at large.
Rules governing ethical behavior
Article VIII, section 5(5) of the Constitution
Rules 137-139 A and B of rules of court
Civil code
Special statutes
Code of professional responsibility
Canons of judicial ethics
Supreme court decisions
Necessity of legal profession
Rights of persons are determined in accordance with
laws and established principles, there is a necessity of
individuals acquainted with the law and rules on
procedure in order that there will be an orderly
administration of justice
A person no learned in the law can be taken advantage
of by an experienced lawyer
Law practice not a trade or business
Lawyer is prohibited from advertising or soliciting cases as
it will degrade the profession.
The main motive of profession is devoted to public service
not profit.
Legal services are restricted and performed only by lawyers
educated to the practice of law
Who may practice law
Any person who is duly licensed as member of the bar
The lawyer has to take his oath
I, do solemnly swear that I will maintain allegiance to the Republic
of the Philippines, I will support the Constitution and obey the laws
as well as the legal orders of the duly constituted authorities
therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any
groundless, false or unlawful suit, or give aid nor consent to the
same; I will delay no man for money or malice, and will conduct
myself as a lawyer according to the best of my knowledge and
discretion, with all good fidelity as well to the courts as to my
clients; and I impose upon myself these voluntary obligations
without any mental reservation or purpose of evasion. So help me
God
The meaning and practice of law
Cayetano v monsod practice of law means any activity, in
or out of court, which requires the application of law or
procedure. Representation in court or any tribunal or
agency, counseling or giving legal advice and drafting legal
documents are generally understood as practice of law.
Lawyer need not have a law office or appear in court.
Conducting research for business firm which requires an
ability to deal with the law and counseling people of their
rights constitutes practice of law
Law profession is affected with public interest
The practice of law is a public trust
The basic ideal of the profession is to render public service
and secure justice to those who need it.
Profession is regulated by the SC
All duties of a lawyer in the exercise of his profession
involve public matters and public interest
Lawyers duties to the court
First and foremost duty of the lawyer is to the court
(officer of court), assist in the administration of justice not
to his client who is compensating him
Lawyers duties to his clients
Creation of lawyer-client relationship has multiple duties
and responsibilities
Express or implied contract and when he is a point
appointed counsel
Even w/out express agreement, the moment a lawyer
renders legal services to an individual, a relationship is
already created.
Relationship is: fiduciary (involving trust), personal and
strictly confidential
Duty to decline a case (lawyer may decline if)
May mean a violation of his oath as a lawyer
Appearing in conflict of interest
Lawyer may not decline in criminal cases even if he
believes that the accused is guilty. if he is capable of
doing so, the accused will be left defenceless and he is not
the judge who determines his guild (especially applies to
needy accused)
Lawyer must advice his client not to proceed with the case if he
sincerely believes that the cause of his client in civil case in not
meritorious
Fiduciary relationship
Owes to his client entire devotion to undertake defense
and the exertion of his utmost learning and ability
Should not take undue advantage on his client
Appearing for conflicting interest
Lawyer is prohibited from representing conflicting interests
or discharging inconsistent duties (guilty of professional
misconduct)
If a lawyer who is privy to a persons interest or has
previously rendered service to him, he cannot appear for
an opposite party in litigation
Prohibited purchase of property in litigation
Article 1491 of civil code property of his client which was
the subject of the case he is handling
 To prevent undue influence of the lawyer Lawyer has to file a motion with the court of his intention to
Ground for disbarment (malpractice and breach of withdraw from the case with the consent of the client. Seek an
professional ethics) approval of the court

Preservation of clients confidential information Attorneys fees

Atty cannot divulge any information made by his client to
him in the course of his employment as counsel.
Duration of prohibition is perpetual
Termination of attoryney-client relationship
Client has the right anytime or w/out cause
Based on trust and confidence
Only limitation of the right of client to discharge his lawyer
is the payment of services rendered by the lawyer
Historically lawyer does not demand compensation for his
services (honorarium, not a trade or business)
Lawyer has the right to recover from his client a fair and
reasonable compensation for his services except counsel de
officio.
Lawyer has the right to demand a reasonable amount but
cannot demand excessive fees that is not proportionate to
the services he has rendered.
When atty not entitled to fees

Lawyer may not terminate or withraw from the case except: Misconduct
Withdrawal from the case without just cause
Conditions must be based on a good cause
Served conflicting interest
When client pursues an illegal or immoral course of conduct
Case of legal aid: counsel de officio
in connection with the matter he is handling
Client insists that the lawyer pursue conduct violative of Measure of compensation
the code of professional responsibility
His inability to work with a co-counsel will not promote the Based on quantum meruit (much as what the lawyer deserves to be
best interest of the client paid) applies when there is no express contract
The mental or physical condition of the lawyer renders it
Time spent
difficult for him to carry out the employment effectively
Skill needed
Client deliberately fails to pay fees for the services or fail
Novelty of case
to comply with the agreement
Contingency
Lawyer is elected or appointed to a public office
Customary rate
Other similar cases
Professional standing
Retainer lien lawyers who withdraws shall immediately turn over Importance of case value
all papers and property to which the client is entitled and shall Loss of other employment
cooperate with his successor. Value of the subject matter of the case
Attorneys lien
Retaining lien lawyer has the right to retain documents
and papers that come to his possession until his fees are
fully paid
Charging lien applies in claims of money where the layer
states on record during the proceeding of the agreement
with his client to pay certain amount of his compensation
Liabilities of a lawyer
Criminally held liable under articles 208 and 209 of the RPC and
article 1491 of CC
Breach of fiduciary relation
Purchase of property
Unauthorized appearance (rule 138)
Breach of duties to the bar
Encroaching upon case of another lawyer
Conflicting interest
Gross negligence or gross ignorance
Revelation of secrets of client
Misappropriation of funds of his client
Purchase of property in the course of his employment
Contempt of court power to punish for contempt in any lawyer or
person for gross disrespect of the court, open defiance of court
order or obstruction of justice
Direct any act or misbehavior of a lawyer in the presence
of court
Indirect act committed outside the court such as
disobedience of lawful court order or tending to obstruct
the administration of justice
Lawyer is given the opportunity of hearing to show cause why he
should not be held in contempt of court
Duties to his colleagues
Conduct himself with courtesy, fairness and candor toward
his professional colleagues
Observe courtesy to opposing counsel and recognize
customs and practices of the bar
Should not do anything repugnant to his sense of honor and
propriety
He should withdraw from the case in case of proceedings
offensive to an opposing counsel
In fairness to a brother lawyer, he should not take
advantage of the excusable unpreparedness or absence of
an opposing counsel
Due courtesy to opposing counsel
Lawyer must defend the case of his client to the best of his
ability
He should avoid all personalities and personal history of the
adverse party
Not encroach upon the employment of another counsel
A lawyer should not induce the client who has a lawyer to
retain him by promise of better service, good result or
reduced feed for his services
Membership in the integrated bar
Upon taking his oath as a lawyer, he is automatically a
member of the integrated bar of the Philippines
 IBP official unification of the entire lawyer population in
order that all individuals admitted to the practice of law
shall comply with their duties under their oath.
Membership is mandatory
Non partisan association officials are elected in two year
term
Disqualified for election: those holding an elective,
judicial, quasi-judicial or prosecutor office in the govt
Any officer of the IBP shall be considered resigned from his
position the moment he files a certificate of candidacy for
elective position
Suspension and disbarment
The power of the SC to admit members of the bar includes
the authority to discipline, to suspend or disbar a lawyer.
COA and RTC may exercise disciplinary power (appealable
to the SC)
Grounds for disbarment
Deceit
Malpractice
Gross misconduct in office
Conviction of a crime involving moral turpitude
Grossly immoral conduct
Violation of lawyers oath
Willful disobedience of lawful order of court
Corruptly appearing without authority to do so
Solicitation of cases at law for purpose of gain
Lawyer may be disbarred to preserve the trust and confidence to
the legal profession and to protect the public from deceitful
lawyers.
Moral Turpitude - includes everything which is done contrary to
justice, honesty, modesty, or good morals. It involves an act of
baseness, vileness, or depravity in the private duties which a man
owed his fellowmen, or to society in general, contrary to the
accepted and customary rule of right and duty between man and
woman, or conduct contrary to justice, honesty, modesty, or good
morals. Barrios v. Martinez, 442 SCRA 324 (2004)
CHAPTER X (Survey of the Legal Profession)
Membership in the bar before and after the declaration of martial
law
86% before
14% after
1950 1959 (37%)
1960 1969 (30%)
Nature of their involvement in legal profession
66% full time lawyers
30% part-time lawyers
1% retired
3% not practicing at all
2 out of 3 of lawyers are on full time basis
Reasons for non-regular employment as lawyers
Government position prohibits private practice
Lack of time/occupied with another job
Economically inadequate income from private
practice/uncertainty of income/few paying clients
Nature of respondents employment
55% working in the government
45% privately employed and self employed
 2 out of 5 lawyers are privately employed and self
employed
What type of physical activities respondents engaged in
21% working as legal counsel in govt corp or agencies
18% independent private practitioners
11% legal counsel in private corps
9% working as low ranking govt officials
7% members of law firms
6% working as clerks of court
6% judges
6% high govt officials
5% working as fiscals, businessman etc
Many lawyers are occupying high-status positions
Lawyers are engaged in more than one professional
activities
Location of their professional activities
78% in metro manila
11% other cities
11% other municipalities in southern Luzon
Perception of the legal profession
It is invariable correlated with the status of the person
Being a lawyers influences perception because of the
variability of the experiences of a lawyer
Ranking goals of lawyers
Rank 1 engage in independent private practice
Rank 2 establish his own law partnership/firm to be
successful
Rank 3 be a member of the bench
Rank 4 serve the public
Rank 5 pursue further study
Which are the most lucrative
Corporate practice
General private practice
Handling civil/labor cases
Non involvement in lucrative activities
Prohibited as government employee (56%)
Occupied with other jobs (19%)
CANONS OF PROFESSIONAL RESPONSIBILITY
CHAPTER I. 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.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE
IN ANEFFICIENT AND CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVE-NESS OF THE
PROFESSION.
CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL
USE ONLY TRUE, HONEST, FAIR, DIGNIFIED AND OBJECTIVE
INFORMATION ORSTATEMENT OF FACTS.
CANON 4 - A LAWYER SHALL PARTICIPATE IN THE DEVELOPMENT OF
THE LEGAL SYSTEM BY INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE ADMINISTRATION OF
JUSTICE.
CANON 5 - A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL EDUCATION
PROGRAMS, SUPPORT EFFORTS TO ACHIEVE HIGH STANDARDS IN
LAW SCHOOLS AS WELL AS IN THE PRACTICAL TRAINING OF LAW
STUDENTS AND ASSIST IN DISSEMINATING INFORMATION REGARDING
THE LAW AND JURISPRUDENCE.
CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN
GOVERNMENT SERVICE IN THE DISCHARGE OF THEIR OFFICIAL
TASKS.
CHAPTER II. LAWYER AND THE LEGAL PROFESSION
CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY
AND DIGNITY OF THE LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
CANON 8 - A LAWYER SHALL CONDUCT HIMSELF WITH COURTESY,
FAIRNESS AND CANDOR TOWARD HIS PROFESSIONAL COLLEAGUES,
AND SHALL AVOID HARASSING TACTICS AGAINST OPPOSING
COUNSEL.
CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY, ASSIST
IN THE UNAUTHORIZED PRACTICE OF LAW.
CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH
TO THE COURT.
CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT
DUE TO THE COURTS AND TO JUDICIAL OFFICERS AND SHOULD
INSIST ON SIMILAR CONDUCT BY OTHERS.
CANON 12 - A LAWYER SHALL EXERT EVERY EFFORT AND CONSIDER
IT HIS DUTY TO ASSIST IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE
AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE,
OR GIVES THE APPEARANCE OF INFLUENCING THE COURT
CHAPTER IV. THE LAWYER AND THE CLIENT
CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE
NEEDY.
CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND
LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.
CANON 16 - A LAWYER SHALL HOLD IN TRUST ALL MONEYS AND
PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS POSSESSION.
CANON 17 - A LAWYER OWES FIDELITY TO THE CAUSE OF HIS CLIENT
AND HE SHALL BE MINDFUL OF THE TRUST AND CONFIDENCE
REPOSED IN HIM.
CANON 18 - A LAWYER SHALL SERVE HIS CLIENT WITH COMPETENCE
AND DILIGENCE.
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL
WITHIN THE BOUNDS OF THE LAW.
CANON 20 - A LAWYER SHALL CHARGE ONLY FAIR AND REASONABLE
FEES.
CANON 21 - A LAWYER SHALL PRESERVE THE CONFIDENCE AND
SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-CLIENT
RELATION IS TERMINATED
CANON 22 - A LAWYER SHALL WITHDRAW HIS SERVICES ONLY FOR
GOOD CAUSE AND UPON NOTICE APPROPRIATE IN THE
CIRTUMSTANCES.