LEGAL ETHICS PRELIMINARY Legal Ethics, Meaning —It is the branch of moral selence which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profes- ‘sion and to the public (Malcolm, Legal and Judicial Ethics, 8 [1949}) as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Profes” sional Ethics, jurisprudence, moral law and special laws. ‘Legal Ethics, A Prescribed Subject —Legal Ethics is a prescribed subject in all law schools. It provides the needed moral foundation in the study of law intended to guide the student throughout his life. It has been one of the subjects in Bar Examinations in the Philippines since 1918. Significance Of Legal Ethies.—the practice of law which covers a wide range of activities characteristic of the legal profession, including the pursuit and defense of Clients rights and interests before the courts, wil be transgressive, anarchic, riotous, lawbreaking, defiant and Gisobedient to courts—if there are no sets of governing sites to limit the parameters and tame the exercise of the profession. abuses and ills of Legal Ethics will guard against the abuses ane ee Ee® as dishonesty. cece, immoral diligence and the many negligence, slothness. lack of ili ‘Sion, encourage ane enhance Brien and order iy Soordtination with the other Departments of the Govern in Bases Of Legal Ethics. —Legal Ethies tn the rooted in the following 1, Canons af Professional Ethics. The Canons were framed by the American Bar Association in 1908. The ‘same were adopted in the Philippines: in 1917 by the ‘Bar when the country Was stil a colony of the States. The Canons were subsequently revised, The ‘eviseat Canons were adopted in the Philippines in 1946. Supreme Court Decisions. Many of our rules on ethics were drawn from decisions of our Supreme Coun ‘Supreme Court of the United States which have ‘anal bearing to the practice of law in the country Statutes, Some laws provide for sources of les the Civil Code (Art, 1491 [5], Art. 2208). the Penal Code (Art, 209) and many special laws 4. Constitution, The Constitution bestowed on the ‘Supreme Court the prerogative to promulgate rules om the axtinission to the Bar, the integration of the bar" and le assistance to the underprivileged (AM. VIN, Section 5 [5 1987 Constitution), 3. Treatises and Publications, Works Boe of wellknown authors have been used and ches fy one as standards and guidelines on the eee GME conduct nc Present Basis Of Philippine Legal Ethi a baa — Today the mai af our legal ethics the Code at make i f ° i ie bees ‘were based on the 1879 ConstitutionPrawn from the Constitution “Tu aeons approval. It took the Supreme Conn sores, Cau yearn to decide on tin tory na Hts the embod Seal bodiment into Rules of Cour : non of Profen: He and dect than seven Promulgation aw a code of Responsibility was finally rt on Sune 21, 1988, The ol a suggestion, promt. Highest Court of the land islon over all members of Code ts a Judicial command, ated as At by no less than the which has supremacy of supervis the Bar, Importance Of The New Code.—the Cade has po vided: the legal protesion an fnpresan of ernay Sense of independence tuned othe lal an Practices and customs in the county. Ts sens tty and independence has lven the Fine lage te feeling of ride and emancipation rom fore Cann ‘There seems to be nothing more which ts not covered by the Code of Professional Responsibility comp American Canons of Profession many years (starting in 1917) nurtured the code of for the Filipino lawyers. ‘As the years 40 0 Philippines and the time to Improve the Code of Professional Responsibility to better enhance and strengthen the ethies of the legal profession. Bar and Bench. Bar refers to the whole body of at- tomeys and counsellors; collectively, the members of the legal profession; they are figuratively called the “bar” to distinguish them from the “bench,” which terms denote the whole body of judges (See Black's Law Dictionary, Sixth Edition, p. 148). Bar refers to the “collectwity of persons whose names ‘ppear tn the Roll of Attomeys (Garcia vs. De Vera, 418 27. In the Philippines, it is kown as the Integrated Bar of the Philippines where membership is mandatory. Bar Admission. Act by which one Is licensed to prac- tice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdic- tion (Black's Law Dictionary, Stxth Edition, p. 149). Lawyer, This is the general term for a person trained in the law and authorized to advise or represent others in legal matters. [A lawyer is a person lcensed to practice law (Black's Law Dictionary, 6th Ed., p. 888) ‘Trial Lawyer. A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution oF for the defense of cases of clients. : tee of Practising Lawyer. One engaged in the pra rate dr aw means any activi n oF out of COUF. stich requires the application of law, legal procaine owledge, training and experience. To engai be {eristies of the profession. Generally, to practice law 18 ce of render any kind of service, which devi give notice . , etwvice requires the use in any degree of lee er akill” (Cayetano vs. Monsod, 201 SCRA 2101 law, =_4| Preunanary Wote: Atl tat awye otal practising ayers are tial een Clic e oo Tega advice orf a eEREES the serves fa laser or Suit his behalf and usualy fore ees OF Aefending a i lawyers, but An attorney-at-law is a person admitted to practice law in his respective state and authorized to perform both eWil and criminal legal functions for clients, including drafting of legal documents, giving of legal advice, “and Tepresenting such before courts, administrative agencie boards, ete: (Black’s Law Dietionary, Sixth Ealtion, p. 128). Wote: Attorney-at-law is synonymous with counsel lor-at-law, lawyer, attorney, counsel, “abogado” and “bo- eros’) Alawi vs. Alauya 268 SCRA 639 Facts: Alauya is the incumbent executive clerk of court ofthe ath Judicial Shara District in Maa City. A complaint was filed against him by Sophin ‘Alawi with the Supreme Court seeking his dismissal from the service. Alaw's complaints anchored on ‘Alauya’s "malicious and libelous charges" resulting in fundue injury to her honor and reputation, contained in letters sent to Es Vilaros and Company and Home Mortgage Finance Corporation. In his leter to en es Signed his nane with the prefix “At Issue: As an officer of the Shasta court, is Atuya ented a use the eA? "suse ofthe title of “AE Held: As regards Alauya’s use s torney.” this Court had already the occasion to a Lina Reraes one wo nn been ate To ‘one who has been admitted to the het may both be conacred uta that they ae cou race ea only the latter ts an “attorney,” The title ‘served {0 those who, having obalned he Recessary degree in the study of law ands b taken the Bar Examinations, have been ai the Int aed Bar of the Philippines and Uhereot tn good stancling anid 148 they’ 6 who are authorized to practice law im this Alauya. says fhe does not wish to use “eounseltor” oF “counsellor-at-avy,” because iB itlon, there are pejorative connotations 10 the: {UIs confusingly similar to that given to local tors. The ratiocination, valld or nol, is of No mot His disinclination to use the Ulle of "coun not warrant his use of the title of attorney, 1m re: Garela ae 2 SCRA 985 | Pacts: A Filipino eitzen who had Anished the Jaw course In Spain ane! thereafter allowed to practice the profession in sald country. filed a petition to prae= tice law in the Philippines without passing the te quired bar examinations provkled for in Section Lor | Rule 127 of the Rules of Court. / Issue: Can Arturo E, Garela be admitted to practice Jaw in the Philippines without passing the Bar? Held: After duc considerations, the Court re solved to deny the petition on the following ground (1) ‘The provisions of the Treaty on Academie Degrees and the Exerelse of Professions between the: Republie of the Philippines and the Spanish State ean not be invoked by applicant, Under Article EI thereol, a»