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PUBLIC OFFICIALS WHO CANNOT PRACTICE LAW or with

restrictions. ABSOLUTE PROHIBITIONS REQUISITES OF RETAINING LIEN:


1. Attorney-client relationship
1. Judges and other officials as SC employees 2. Lawful possession by the lawyer of the clients funds,
2. OSG officials and employees documents and papers
3. Govt. Prosecutors 3. Unsatisfied claims for attorneys fees or disbursements
4. President, VP, Cabinet members
5. Constitutional Commissions Chairmen and members CHARGING LIEN An equitable right to have the fees and lawful
6. Ombudsman and his deputies disbursement due a lawyer for his services, secured to him out of a
7. All governors, city and municipal mayors money judgment.
8. Those who by special law are prohibited from engaging
in the practice of their legal profession CHAMPERTOUS CONTRACT One where the lawyer
stipulates with is client the prosecution of the case that he will bear
Four fold duties of a lawyer: all the expenses for the recovery of things or property being
claimed, and the latter pays only after successful litigation. (Void as
1. Duties to the Society against public policy)
2. Duties to the Legal Profession
3. Duties to the Courts CONTINGENT CONTRACT It is an agreement in which the
4. Duties to the Clients lawyers fee, usually a fixed percentage of what may be recovered
in the action, is made to defend upon the success in the effort to
AMICUS CURAE A friend of the court; a by-stander usually a enforce and defend the clients right. (Valid agreement)
counselor who interposes who volunteers information upon some
matter of law in regard to which the judge is doubtful or mistaken. BAR MATTER NO. 850 MCLE: To ensure lawyers throughout
Experienced and impartial attorneys invited by the court their career keep abreast with law and jurisprudence, maintain the
to help in the disposition of issues submitted to it. ethics of the profession and enhance the standards of the practice
of law. Every 3 years at least 36 hours
ATTORNEY offices of the court empowered to appear,
prosecute and defend, and upon whom peculiar duties, EXEMPTIONS:
responsibilities and liabilities are developed by law as a
consequence. 1. President, VP, Cabinet members
2. Members of Congress
BAR Refers to the whole body of attorneys and counselors, 3. CJ and incumbent and retired members of the judiciary
collectively, the members of the legal profession. 4. Chief State counsel, prosecutor and assistant secretaries
of the DOJ
BARRISTER A person entitled to practice law as an advocate or 5. SolGen and assistants
counsel in the superior court. 6. Govt. Corporate Counsel, his deputies and assistants
7. Chairmen and members of the ConCom
BENCH denotes the whole body of judges 8. Ombudsman
9. Heads of Government agencies exercising quasi-judicial
BARRATRY or MAINTENANCE Inciting or stirring up quarrels, functions
litigation or groundless lawsuits. 10. Incumbent deans, bar reviewers and professors of law
Volunteering advice to bring lawsuit, except in cases who have 10 year teaching experience
where ties of blood, relationship or trust make it his duty 11. Officers and lecturers of the Phil. Judicial Academy
to do so. 12. Governors, Mayors
13. Those not in law practice
AMBULANCE CHASING Accident site solicitation of almost any 14. Those who have retired from the law practice
kind of legal business by laymen employed by an attorney for the 15. A member may file a verified request setting up good
purpose or by the attorney himself. cause for exemption (disabilities)

COUNSEL DE OFFICIO - A counsel appointed or assigned by BAR MATTER 1922 - MCLE Certificate of Compliance or
the Court, from among such members of the bar in good standing Certificate of Exemption i9n all pleadings.
who by reason of their experience and ability, may adequately
represent the accused. SUBORNATION OF PERJURY - committed by a person who
knowingly and willfully procures another to swear falsely and the
RETAINING LIEN a right merely to retain the funds, documents witness does suborned does testify under circumstances rendering
and papers of his client which have lawfully come into his him guilty of perjury. (US v. Ballena)
possession and may retain the same until his lawful fees and
disbursements have been paid. RADIO REQUEST TV COVERAGE Trial should not be
televised. The right of accused, who is in danger of losing his life
and liberty, to a fair trial, outweighs right of public to information.
Media exposure may unduly interfere with the disposition of the 3. When the contract of attorneys fees is void due to purely
trial. formal matters or defects of execution
4. When the counsel was not able to finish the case to its
PRIVILEGED COMMUNICATION: An attorney cannot, without conclusion
the consent of the client, be examined as to any communication 5. When lawyer and client disregard the contract of
made by the client to him in the course of professional attorneys fees
employment; nor can an attorneys secretary or clerk be examined 6. When there is a contract but no stipulation as to
without the consent of the client and his employer. attorneys fees

REQUISITES OF PRIVILEGED COMMUNICATION: GUIDES IN DETERMININING ATTORNEYS FEES IN


1. There is an attorney-client relationship or a kind of QUANTUM MERULT:
consultancy requirement 1. Time spent and extent of services rendered
2. The communication was made by the client to the lawyer 2. Importance of subject matter
in the course of the lawyers professional employment 3. Novelty and difficulty of questions Involved
3. The communication must be intended to be confidential 4. Skill demanded of the lawyer

APPEARANCE OF NON-LAWYERS:
NOTARIAL PRACTICE:
Student Practice:
Completed 3rd year of the regular 4 year prescribed law NOTARY PUBLIC A public officer authorized by law to certify
curriculum documents, take affidavits, and administers oaths. Under the 2004
Enrolled in a recognized law schools clinical legal Rules on Notarial Practice, all notaries must be lawyers.
education
Under the direct supervision of a member of the IBP duly QUALIFICATIONS OF A NOTARY PUBLIC:
accredited by the school 1. Citizen of the Philippines
All pleadings must be signed by the supervising attorney 2. Over 21 years of age
3. Philippine resident for at least 1 year and maintains a
INTEGRATION does not make a lawyer a member of any group regular place of work
of which he is not already a member. He became a member of the 4. Member of the Philippine bar
Par when he passes the Phil. Bar. All that integration actually does 5. No conviction in the first instance
is to provide an official national organization for the well-defined but
unorganized and incohesive group of which every lawyer is already COMPETENT EVIDENCE OF IDENTITY refers to the
a member. identification of the individual based on:
1. Current identification issued by a government agency
OBJECTIVES OF THE IBP: with picture and signature
1. to elevate the standards of the legal profession 2. Oath of affirmation of: 1) one credible witness not privy to
2. to improve the administration of justice the instrument, 2) 2 credible witness neither of whom is
3. to enable the bar to discharge its public responsibility privy to the instrument who each personally know the
more effectively individual and shows documentary identification

UNAUTHORIZED PRACTICE OF LAW: RULES ON JUDICIAL ETHICS:


1. Appearing as counsel even before taking the lawyers
oath
2. Using the title atty. in his name even though he is a JUDGE a public officer, who by virtue of his office is clothed with
Sharia lawyer judicial authority, a public officer lawfully appointed to decide
litigated questions in accordance with law.
CONTINGENCY FEE ARRANGEMENTS: DE JURE JUDGE - one who is exercising the office of a judge as
a matter of right, an officer of the court who has been duly and
QUANTUM MERULT means as much as a lawyer deserves. legally appointed, qualified and whose term has not expired.
Its essential requisite is acceptance of the benefits by one sought
to be charged for services rendered under circumstances as DE FACTO JUDGE an officer who is not fully invested with all
reasonably to notify that lawyers expect compensation. the powers and duties conceded to judges, but is exercising the
office of a judge under some color or right.
QUANTUM MERULT AUTHORIZED IN THE FOLLOWING
INSTANCES: BANGALORE DRAFT: (IIIPEC) QUALITIES OF A JUDGE
1. There is no express contract for attorneys fees agreed
upon between the lawyer and the client 1. Independence
2. When there is formal contract, the stipulated fees are 2. Integrity
found unconscionable or unreasonable 3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence

GROUNDS FOR INHIBITION OF JUDGES:


1. He or his wife, or his child is pecuniarily interested as
heir, legatee, creditor
2. Relation to either party within the 6th degree of
consanguinity or affinity or to the counsel within the 4 th
degree of civil degree
3. When he was an executor, guardian, trustee or counsel
4. When he has presided in inferior court where his ruling or
decision is the subject matter of review