Topic Bar Question
I. LEGAL PROFESSION Why is law a profession and
not a trade?
Is there a distinction between
"practicing lawyer" and "trial
lawyer"?
Enumerate the instances
when a law student may
appear in court as counsel for
a litigant.
Suggested Answer Year
Law is a profession and not a 2006
trade because its basic idea is
to render public service and
secure justice for those who
seek its aid. The gaining of a
livelihood is only a secondary
consideration.
A practicing lawyer is one 2006
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 trial lawyer is one who
personally handles cases in
court, administrative
agencies or board sand
engages in actual trial work,
either for the prosecution or
for the defense of cases of
clients.
1. Under the Student 2006
Practice Rule, a law
student who has
successfully
completed his third
year of the regular
four-year prescribed
law curriculum and is
enrolled in a
recognized law
school’s clinical legal
education program
approved by the
Supreme court, may
appear without
compensation in any
civil, criminal or
administrative case
before any trial court,
tribunal, board or
officer, to represent
indigent clients
accepted by the legal
clinic of the law
school, under the
direct supervision and
control of a member of
the Integrated Bar of
the Philippines if he
appears in a Regional
Trial Court, and
without such
supervision if he
appears in an inferior
court
2. When he appears as an
agent or friend of a
litigant in an inferior
court (Sec. 34, Rule
138, Revised Rules of
Court);
3. When he is authorized
by law to appear for
the Government of the
Philippines (Sec. 33,
Rule 138, Revised
Rules of Court);

4. In remote
municipalities where
members of the bar
are not available, the
judge of an inferior
court may appoint a
non-lawyer who is a
resident the province
and of good repute for
probity and ability, to
aid the defendant in
his defense (Sec. 4,
Rule 116, Revised
Rules of Court);

5. A law student may

 appear before the
National Labor
Relations Commission
or any Labor Arbiter if
(a) he represents
himself, as a party to
the case, (b) he
represents an
organization or its
members with written
authorization from
them, or he is a duly-
accredited member of
any legal aid office
duly recognized by the
Department of Justice
or the Integrated Bar
of the Philippines in
cases referred to by
the latter (Art. 222,
Labor Code;Kanlaon
Construction
Enterprises Co., Inc. v.
NLRC, 279 SCRA 337
[1997]); and

6. Under the Cadastral

Act, a non-lawyer may
represent a claimant
before the Cadastral

II. Requirements for
Admission to Practice
-Residency
-Age
-Good moral character
-Education
-Oath
-Qualification for Practice
-Prohibition for Practice
The Supreme Court
suspended indefinitely Atty.
Fernandez from the practice
of law for gross immorality.
He asked the Municipal
Circuit Trial Court Judge of
his town if he can be
appointed counsel de oficio
for Tony, a childhood friend
who is accused of theft. The
judge refused because Atty.
Fernandez's name appears in
the Supreme Court's List of
Suspended Lawyers. Atty.
Fernandez then inquired if he
can appear as a friend for
Tony to defend him.
Court (Sec. 8, Act
No.2250).
I will not authorize him to 2006
appear as a friend of Tony.
The accused in a criminal
case is entitled to be
represented by legal counsel,
and only a lawyer can be
appointed as counsel de
officio. Atty. Fernandez is a
lawyer but under indefinite
suspension. He should not be
allowed to practice law even
as a counsel de officio.
      If you were the judge, will
you authorize him to appear
in your court as a friend for
Tony?
Atty. Oldie, 80 years old,
refuses to pay his IBP dues.
He argues he is a senior
citizen and semi-retired from
the practice of law. Therefore,
he should be exempt from
paying IBP dues.
       1.  Is his argument
correct?
No. The payment of dues is an 2006
indispensable and necessary
incident of lawyer’s
membership in the IBP. They
are, therefore, subject to the
all rules prescribed for the
governance of Bar, including
the requirement payment of
reasonable annual fee for the
effective discharge of the
purpose of the Bar, and
adherence to a code of
professional ethics or
professional responsibility.
It is the It Section 22 of IBP
by Laws, Retirement;
reinstatement. - Any member
in good standing who shall
have attained the age of
seventy-five years, or who
shall have been forty years as
lawyer shall, by reason of
physical disability or
judicially adjudged mental
 incapacity, be unable to
engage in the practice of Law,
may be retired from the
Integrated Bar upon verified
petition to the Board of
Governors. Retired members
shall not practice law or be
required to pay dues.
III. Duties of Lawyer
Provincial Prosecutor 2006
Bonifacio refused to
represent the Municipality of
San Vicente in a case for
collection of taxes. He
explained that he cannot
handle the case with sincerity
and industry because he does
not believe in the position
taken by the municipality.

Can Prosecutor Bonifacio be

sanctioned administratively?
Prosecutor Coronel entered
his appearance on behalf of
the State before a Family
Court in a case for declaration
of nullity of marriage, but he
failed to appear in all the
subsequent proceedings.
When required by the
Atty. Coronel’s explanation is 2006
not tenable. The role of the
State’s lawyer in nullification
of marriage cases is that of
protector of the institution of
marriage (Art 48, Family
Code). “The task of protecting
marriage as an inviolable
Department of Justice to
explain, he argued that the
parties in the case were ably
represented by their
respective counsels and that
his time would be better
employed in more substantial
prosecutorial functions, such
as investigations, inquests
and appearances in court
hearings. Is Atty. Coronel’s
explanation tenable?
In the course of a drinking
spree with Atty. Holgado who
has always been his counsel
in business deals, Simon
bragged about his recent
sexual adventures with
socialites known for their
expensive tastes. When Atty.
Holgado asked Simon how he
manages to finance his
escapades, the latter
answered that he has been
using the bank deposits of
rich clients of Banco Filipino
where he works as manager.
Is Simon’s revelation to Atty.
Holgado covered by the
Attorney-client privilege?
social institution requires
vigilant and zealous
participation and not mere
pro forma compliance"
(Malcampo-Sin v. Sin, 355
SCRA 285 [2001]). This role
could not be left to the-
private counsels who have
been engaged to protect the
private interests of the
parties.
Simon’s revelation to Atty. 2006
Holgado is not covered by the
lawyer-client privilege. In the
first place, it was not made on
account of a lawyer-client
relationship, that is, it was
not made for the purpose of
seeking legal advice. In the
second place, it was not made
in confidence (Mercado v.
Vitriolo, 459 SCRA 1). In the
third place, the attorney-
client privilege does not
cover information concerning
a crime or a fraud being
committed or proposed to be
committed
IV. Code of Professional
Responsibility
-Canon 8 In his petition for certiorari
filed with the Supreme Court,
Atty Dizon alleged that Atty
.Padilla, a legal researcher in
the Court of Appeals, drafted
the assailed Decision; that he
is ignorant of the applicable
laws; and that he should be
disbarred.
Can Atty .Dizon, in castigating
Atty .Padilla, be held liable for
unethical conduct against the
Court of Appeals
-Canon 11 Why is an attorney
considered an officer of the
court?
-Canon 20 The contract of attorney's
fees entered into by Atty
A lawyer shall not, directly or 2006
indirectly, encroach upon
the professional employment
of another lawyer ; however,
it is the right of any lawyer,
without fear or favor, to give
proper advice and assistance
to those seeking relief against
unfaithful or neglectful
counsel. Atty. Dizon can be
held liable for unethical
conduct against a colleague.
Lawyers are “officers of the 2006
court” because they form part
of the machinery of the law
for the administration of
justice (Hilado v. David, 84
Phil. 569). Under Canon 12 of
the Code of Professional
Responsibility, the lawyer
shall exert every effort and
consider it his duty to assist
in the speedy and efficient
administration of justice.
This is a contingent fee 2006
contract which is allowed

V. Liabilities of a Lawyer
VI. Code of Judicial Conduct
VII. Grounds for Discipline
.Quintos and his client, Susan,
stipulates that if a judgment
is rendered in her favor, he
gets 60% of the property
recovered as contingent fee.
In turn, he will assume
payment of all expenses of
the litigation.
Is the agreement valid?
Atty. Perez was admitted as a
member of the New York Bar.
While in Manhattan, he was
convicted of estafa and was
disbarred.
Does his disbarment in New
York a ground for his
automatic disbarment in the
Philippines?
under Canon 20 of the CPR
and Canon 13 of the CPE. A
contingent fee agreement
does not violate Art. 1491 of
the Civil Code because the
transfer or assignment of the
property in litigation takes
effect only after the finality of
a favorable judgment and
therefore a valid agreement.
The disbarment or 2006
suspension of a member of
the Philippine Bar by a
competent court or other
disciplinary agency in a
foreign jurisdiction where he
has also been admitted as an
attorney is a ground for his
disbarment or suspension if
the basis of such action
includes any of the acts
hereinabove enumerated.
The judgment, resolution or
order of the foreign court or
disciplinary agency shall be
primafacie evidence of the
ground for disbarment or
suspension (pars. 2 & 3,
Section 27, Rule 138, as
amended by Supreme Court
Resolution, dated February
13,1992).

Thus, the disbarment of Atty.

Perez in New York for estafa
is a ground for his
disbarment in the Philippines.
However, such disbarment in
the Philippines is not
automatic. Atty. Perez is still
entitled to due notice and
hearing (In Re Suspension
from the Practice of Law in
the Territory of Guam of Atty.
Leon G. Maquera, 435 SCRA
417 (2004]).