Basic Legal Ethics

1. Define the following:

a. Legal Ethics- It is a branch of moral science which treats of the duties which an attorney owes
to the court, to his client, to his colleagues in the profession and to the public as embodied in
the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of
Professional Ethics, jurisprudence, moral laws and special laws. (Justice George Malcolm)
b. Counsel de Parte- Private Counsel of a party, secured by him, without intervention from the
government.
c. Counsel de Officio- A counsel/attorney de officio is an attorney appointed by the court to
defend an indigent defendant in a criminal action.
d. Attorney of record- Attorney of record is an attorney whose name is entered in the records of
an action or suit as the lawyer of a designated party thereto.
e. Of counsel- He is an experienced lawyer, usually a retired member of the judiciary, employed
by law firms as consultants.
f. Amicus curiae- An amicus curiae is an experienced and impartial attorney invited by the court
to appear and help in the disposition of the issues submitted to it. It implies friendly intervention
of counsel to call the attention of the court to some matters of law or facts which might
otherwise escape its notice and in regard to which it might be wrong. Amicus curiae appears in
court not to represent any particular party but only to assist the court.
g. Bar and Bench- Bar refers to the whole body of attorneys and counselors, collectively, the
members of the legal profession. Bench refers to the whole body of judges.
h. Attorney-at-Law- That class of persons who are licensed officers of the court empowered to
appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities
are developed by law as consequence.
i. Attorney-in-fact- An agent whose authority is strictly limited by the instrument appointing him.
His authority is provided in a special power of attorney or general power of attorney or letter
of attorney. He is not necessarily a lawyer.
j. Lead counsel- A lead counsel is a lawyer on either side of a litigated action who is charged with
the principal management and direction of a party’s case, as distinguished from his juniors or
subordinates.
k. Practicing lawyer- A practicing lawyer is one engaged in the practice of law, who by license is
an officer of the court and is empowered to appear, prosecute and defend a client’s cause. A
practicing lawyer is a member of the Philippine Bar who appears for and in behalf of parties in
courts of law and quasi-judicial agencies.
l. Trial lawyer- A trial lawyer is one who personally handles cases in court, administrative
agencies or boards and engages in actual trial work, either for the prosecution or for the defense
of cases of clients.
m. In-house counsel- He is one who acts as attorney for business though carried as an employee
of that business and not as an independent lawyer.
n. Pro Se- It is an appearance by a lawyer in his own behalf.
2. Explain the power of the Supreme Court to regulate practice of law? What is the basis of such
power?

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution,
under Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function
to admit candidates to the legal profession.

The Bar Examination Committee:

 Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of
the bar.
 The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
 The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the
other hand, and the individual members of the committee on the other. He is at the same time a
deputy clerk of court.
 Admission of examinees is always subject to the final approval of the court.

3. What are privileges of an Attorney?

a. Privilege and right to practice law during good behavior before any judicial, quasi-judicial, or
administrative tribunal.
b. Attorneys enjoy the presumption of regularity in the discharge of his duty. (His statements, if
relevant or material to the case, are absolutely privileged regardless of their defamatory tenor.
He can speak freely and courageously in proceedings without the risk of criminal prosecution.)
c. Other privileges inherent in his status as quasi-judicial officer:
o Passing the bar is equivalent to First-grade Civil Service eligibility for any position in
the classified service of the government, the duties of which require knowledge of law.
o Second-grade eligibility for any other government position not requiring proficiency in
the law.
d. The court, in admitting him to practice, presents him to the public as worthy of its confidence
and as a person fit and proper to assume and discharge the responsibilities of an attorney.
e. Has the privilege to set the judicial machinery in motion.
o He can stand up for his right or the right of his client even in the face of a hostile court.
o He has the right to protest, in respectful language, any unwarranted treatment of a
witness or any unjustified delay.
o The rights and privileges which they enjoy as officers of the court are necessary for the
proper administration of justice as for the protection of attorney and his client.
o There can be no strong bar without courageous and fearless attorneys.
o As a man of law, his is necessarily a leader in the community, looked up to as a model
citizen.
o Integrity, ability, and learning often make him qualified to administer the Executive
Departments or the Legislative bodies.
4. What is a practice of law?

It means any activity, in our out of court, which requires the application of law, legal procedure,
knowledge, training, and experience.

*Cayetano v. Monsod 201 SCRA 210 (citing 111 ALR 23) To engage in the practice of law is to
perform those acts which are characteristics of the profession. Generally, to practice 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.

*In Re: Argosino (1997) The practice of law is a PRIVILEGE granted only to those who possess the
STRICT INTELLECTUAL AND MORAL QUALIFICATIONS required of lawyers who are
instruments in the effective and efficient administration of justice.

5. Who are authorized to practice law?

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance
with the provisions of this rule, and who is in good and regular standing, is entitled to practice law.
(Rules of Court 138, Sec. 1)

6. What are the requirements engaged in the practice of law?

Citizenship, Residence, Age, Good moral character, Legal education

RULE 138, RULES OF COURT, Section 2. Requirements for all applicants for admission to the
bar —Every applicant for admission as a member of the bar must be a citizen of the Philippines, at
least twenty-one years of age, of good moral character, and resident of the Philippines; and must
produce before the Supreme Court satisfactory evidence of good moral character, and that no charges
against him, involving moral turpitude, have been filed or are pending in any court in the Philippines.

REQUIREMENTS FOR ADMISSION TO THE BAR

1. must be a citizen of the Philippines;
2. At least 21 years of age;
3. of good moral character;
4. must be a resident of the Philippines;
5. Must produce before the Supreme Court a satisfactory evidence of good moral character;
6. And that no charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines (Sec. 2, Rule 138, RRC);
7. Must have complied with the academic requirements;
8. Must pass the bar examinations
9. Take the lawyer’s oath; and s
10. sign the Roll of Attorneys