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ETHICS S.Y.

2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

TERMS DEFINITION
a gentle or friendly reproof, mild rebuke or
Admonition reminder of fault or error; an expression of
authoritative advice

matter in which the former government lawyer


represents a client in private practice where it is
substantially related to the matter that the
Adverse-interest conflict
lawyer dealt with while employed by the
government and the interests of the former and
current client are adverse

an act of chasing victims of accident for the


purpose of talking to the said victims or relatives
thereof, and offering his legal services for the
Ambulance chasing filing of a case against the person/s who caused
the accident; the active solicitation of clients or
any kind of business in order to gain
employment or for the purpose of gain

an experienced and impartial attorney invited


by the court to appear and help in the
disposition of issues submitted to it. It implies
friendly intervention of counsel to call the
attention of the court to some matter of law or
Amicus curiae
facts which might otherwise escape its notice
and in regard to which it might be wrong.

amicus curiae appear in court not to represent


any particular party but only to assist the court

it is a bar association who appears in court as


Amicus Curiae or a friend of the court. It acts as
Amicus curiae par excellence
a consultant to guide the court in doubtful
question or issue pending before it.
the coming into court as a party either as a
Appearance plaintiff or defendant and asking relief
therefrom
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

literally means "he has undertaken". It is action


for the recovery of damages by reason of the
breach or non-performance of a simple
Assumpsit contract, either express or implied, or whether
made orally or in writing. A word always used in
pleading by the plaintiff to set forth the
defendant's undertaking or promise

an agent whose authority is strictly limited by


the instrument appointing him. His authority is
Attorney-in-fact provided in a special power of attorney or
general power of attorney or letter of attorney.
He is not necessarily a lawyer
a person appointed by the court to defend an
Attorney ad hoc
absentee defendant
is an attorney whose name is entered in the
Attorney of record records of an action or suit as the lawyer of a
designated party

licensed officers of the court empowered to


appear, prosecute and defend, and upon whom
Attorney-at-law
peculiar duties, responsibilities, and liabilities
are developed by law as consequence

the relation between the lawyer and client in


Attorney-client relationship
the highest degree fiduciary
Refers to the whole body of attorneys and
Bar counselors, collectively the members of the
legal profession (Lawyers)
an association of members of the legal
Bar association profession like the IBP where membership is
integrated or compulsory

an offense of frequently exciting and steering up


Barratry quarrels and suits; the promotion of litigation or
filing of suits for the purpose of harassment

Bench refers to the whole body of judges (Courts)


Censure official reprimand
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

one where the lawyer stipulates with his client


that he will bear all the expenses for the
recovery of things or property claimed by the
Champerty client and the latter agrees to pay the former a
portion of the thing or property recovered as
compensation. It is void for being against public
policy

right of the lawyer to the same extent upon all


judgements for the payment of money, and
Charging lien executions issued for the pursuance of such
judgement which he has secured in a litigation
of his client
one who engages the services of a lawyer for
Client legal advice for purposes of prosecuting or
defending a suit in behalf and usually for a fee
One who is subsequently engaged to assist a
Collaborating counsel lawyer already handling a particular case for a
client
it is a contract whereby the parties, by making
Compromise reciprocal concessions, avoid litigation or put an
end to one already commenced.
refers to the information protected by the
Confidence
attorney-client privilege
The relation between the lawyer and client or
guardian and ward, or between spouses, with
Confidentiality
regard to the trust that is placed in the one by
the other
occurs when in behalf of one client, it is the
lawyers duty to fight for an issue or claim, but it
Conflict of interest
is his duty to oppose it for the other client or
when such situation may arise
the fee paid to lawyer for his service depending
on the success of the case. Usually applies to
Contingency fee arrangement
civil suits where the lawyer's fee is taken from
the award granted by the court
attorney appointed by the court to defend an
Counsel de officio
indigent defendant in a criminal action.
private counsel of a party, secured by him,
Counsel de parte
without intervention by the government
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

an officer who is not fully vested with all the


powers and duties conceded to judges but
De facto judge
exercises the office of judge under some color
of right

one who exercises the office of a judge as a


De jure judge matter of right, fully vested with all the powers
and functions conceded to him under the law

a fraudulent and deceptive misrepresentation,


artifice or device by a person to trick another to
Deceit
his prejudice or damage. The act is performed
with deliberate intent

an act that has the proclivity for fraudulent and


deceptive misrepresentation, artifice or device
Deceitful conduct that is used upon another who is ignorant of the
fact, to the prejudice and damage of the party
imposed upon
consists of misbehavior in the presence of or so
near a court or judge as to interrupt or obstruct
Direct contempt
the proceedings before the court or the
administration of justice

the act of the Supreme Court of withholding


Disbarment from the attorney the right to practice law and
striking out of his name on the Roll of Attorneys

refers to the disposition to lie, cheat, deceive,


defraud, or betray; the untrustworthy; lacking in
Dishonest conduct
integrity, honesty, probity, fairness, and
straightforwardness

the principle that an attorney derives no undue


advantage that may operate to the prejudice or
cause an occasion for loss of client. The
Fiduciary duty
relationship between lawyer and client, one of
mutual trust and confidence to the highest
degree

encompasses all aspects of lawyer's public or


private life that could actually or potentially
Fitness to practice
tarnish the integrity and dignity of the legal
profession
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

refers to a lawyer of NGOs and people's


organization who by the nature of his work,
Flag lawyer
already renders free legal aid to indigent and
pauper litigants

the filing of multiple suits involving the same


parties for the same cause of action and seeking
substantially identical reliefs either
Forum shopping
simultaneously or successively before different
tribunals for the purpose of obtaining a
favorable judgement

refers to the continuing requirement of a lawyer


to pay professional tax and membership fees
Good moral standing
due in the IBP, and attending the mandatory
continuing legal education

any inexcusable, shameful or flagrant unlawful


Gross misconduct conduct generally motivated by a
predetermined obstinate or intentional purpose

is one that is so corrupt and false as to


constitute a criminal act or so unprincipled or
Grossly immoral conduct
disgraceful as to be reprehensible to a high
degree. (Figueroa vs Barranco)
refers to the prohibition from dropping smaller
Hot potato doctrine clients (like hot potatoes) in order to pick up
more lucrative clients
refers to a conduct which is willful, flagrant, or
shameless, which shows moral indifference to
Immoral conduct
the opinion of the good and respectable
members of the community
one that is free from inappropriate outside
Independent judiciary
influence
are those who have no capacity to earn or no
means to support themselves; or those whose
gross income in that of their immediate family
Indigent or pauper litigant
do no exceed an amount double the monthly
minimum wage of an employee; or those who
do not own real property
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

one committed away from the court involving


disobedience of or resistance to a lawful writ,
Indirect contempt process, order, judgement or command of the
court, or tending to belittle, degrade, obstruct,
interrupt, or embarrass the court
implies negligence, incompetence, ignorance
and carelessness; the failure to observe in the
Inefficiency
performance of duties that diligence required
by law
act in which a judge personally prevents himself
Inhibition
from taking cognizance of the case
Attorney for business though carried as an
In-house counsel/House counsel employee of that business and not as an
independent lawyer
national organization of lawyers or State-
organized Bar created on 16 Jan 1973 under
Rule 139-A Rules of Court, to which every
Integrated Bar of the Philippines
lawyer must belong, as distinguished from bar
associations organized by individual lawyers in
which membership is voluntary

official unification of the entire lawyer


population in which membership and financial
Integration of the Bar support is a condition sine qua non to the valid
practice of law and retention of name in the Roll
of Attorneys

temporary suspension of a lawyer from practice


Interim suspension
of law pending imposition of final discipline

includes an act of a person who has the power


Intervene to influence the subject proceedings (PCGG v
Sandiganbayan)
a public officer exercising judicial power
Judge
however designated
branch of moral science which treats of the right
and proper conduct to be observed by all judges
Judicial ethics
in trying and deciding controversies brought
before them for adjudication
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

an act in which an individual appears in person


before a notary public and signing the
presented documents to attest to its
Jurat
genuineness. It is not part of a pleading but
merely evidences the fact that the affidavit was
properly made

it is a lawyer on either side of a litigated action


who is charge with the principal management
Lead counsel
and direction of a party's case, as distinguished
from his juniors or subordinates.
includes actions, disputes and controversies
which are criminal, civil and administrative in
Legal aid cases
nature in whatever stage wherein indigent and
pauper litigants need legal representation

a branch of moral science which treats of the


duties which an attorney owes to the court, to
Legal ethics his client, to his colleagues use in the
profession, and to the public as embodied in the
Constitution

the dereliction of duty of a lawyer or the failure


of a lawyer to use such skill, prudence and
diligence as a lawyer of ordinary skill and
Legal malpractice
capacity commonly possess and exercise in the
performance of tasks, which causes damage and
gives rise to an action in tort

under section 27 Rule 138 of rules of court, it is


the practice of soliciting at law for the purpose
Malpractice or malfeasance
of gain, either personally or through paid agents
or brokers

the requirement to ensure that a lawyer keep


Mandatory Continuing Legal abreast with the latest law and jurisprudence
Education for the proper disposition of justice and
maintaining the standards of the practice of law

under B.M. No. 2012 is the mandate of every


practicing lawyer to render a minimum of 60
Mandatory Legal Aid Service
hours of free legal aid services to indigent
litigants yearly
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

imports an act of baseness, vileness or depravity


in the duties which one person owes to another
Moral turpitude or to society in general which is contrary to the
usual accepted and customary rule of right and
duty which a person should follow

refers to the permanently bound book with


numbered pages containing a chronological
Notarial register
record of notarial acts performed by a notary
public

a person appointed by the court whose duty is


to attest to the genuineness of any deed or
writing in order to render them available as
Notary public
evidence of facts stated therein and who is
authorized by the statute to administer various
oaths
an experienced lawyer, usually a retired
Of counsel member of the judiciary, employed by law firms
as consultants

any activity in or out of court which requires the


application of law, legal procedure, knowledge,
training, and experience (Cayetano vs Monsod)

Practice of law it is any kind of service involving legal


knowledge or skill: legal advice and counsel;
preparation of legal instruments; and
appearance for clients before a public tribunal
(Ulep vs The Legal Clinic)

one engaged in the practice of law, who by


license is an officer of the court and is
Practicing lawyers
empowered to appear, prosecute, and defend a
client's cause

is the active and continued or habitual exercise


Private practice of legal profession available to public for some
compensation (People vs Villanueva)

a prosecutor that may intervene in the


prosecution of a criminal action when the
Private prosecutor offended party is entitled to indemnity and has
not waved expressly, reserved or instituted the
civil action for damages
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

refers to information transmitted by voluntary


Privilege communication disclosure between attorney and client in
confidence

It is an appearance by a lawyer in his own behalf


Pro se
under section 34 rule 138 of the rules of court.

a sanction that allows a lawyer to practice law


Probation
under specified conditions
conduct demonstrative of impartiality, integrity,
competence, independence and freedom from
Proper judicial conduct
improprieties not only in the discharge of their
duty but also in everyday life
A quasi-judicial officer whose primary duty is
not to convict but see to it that justice is done.
Public prosecutor He is concerned with seeing that no innocent
man suffers as in seeing that no guilty man
escapes
literally means "as much as he deserves" and is
used as a basis for determining the lawyer's
Quantum meruit
professional fees in the absence of a contract,
but receivable by him from his client
a public and formal censure or severe reproof
Reprimand
administered to a person at fault
may refer to either the act of a client by which
he engages the services of an attorney to render
Retainer legal advice or to defend or prosecute his cause
in court, or the fee which the client pays the
attorney

right of the attorney to retain the funds,


documents and papers of his client until his
Retaining lien lawful fees and disbursements have been paid,
and may apply such funds to the satisfaction
thereof

refers to other information gained in the


professional relationship that the client has
Secret requested to be held inviolate or the disclosure
of which would be embarrassing or detrimental
to the client
implies malice or wrongful intent and not mere
Serious misconduct
error of judgement
ETHICS S.Y. 2016-2017
DEFINITION OF TERMS Monique Allyanna A. Fame

literally means "under judicial consideration";


the rule against public statement or criticisms
Sub judice rule
before the media of an ongoing or pending legal
proceeding
Subrogation of perjury the inducement of perjury
Sui generis literally means "a class of its own"
temporary withholding of a lawyer's right to
Suspension practice his profession as a lawyer for a certain
period
a misconduct in which judges impermissibly
Ticket fixing take advantage of their public position to avoid
punishment for traffic violations
one who personally handles cases in court,
administrative agencies or boards and engages
Trial lawyer
in actual trial work, either for the prosecution or
for the defense of cases of clients
refers to a transgression of any provision of law
Unlawful conduct
which need not be a penal law.
an act of putting one on his guard against an
Warning
impending consequence or penalty
human instrumentality through which the law
and its ministers, the judges and lawyers,
Witness
endeavor to ascertain the truth and dispense
justice to the parties