LEGAL PROFESSION

(Course Syllabus)

A. THE LEGAL PROFESSION

1. Supervision and Control
a. Const Art VIII Sec 5(5)
b. Const Art XII Sec 14
c. Power to Integrate the Philippine Bar (In the Matter of IBP, 1973)
d. In re Cunanan (1954)

B. THE PRACTICE OF LAW

1. Cayetano v Monsond (1991)
2. Admission to the Practice of Law (BAR 95,97,04,05)
3. Qualification
4. Appearance of Non Lawyers
a. Law Student Practice
b. Non-Lawyers in Court and Administrative Bodies
5. Rules Regarding Practice of Law of Certain Public Officials
a. Public Officials Who Cannot Practice Law
b. Public Officials with Restrictions in the Practice of Law
6. Remedies Against Unauthorized Practice of Law
7. Lawyer’s Oath (BAR:91,96,03,06,09)
a. Importance of Lawyer’s Oath

C. PRIVILEGES AND DUTIES OF A LAWYERS

1. Privileges of an Attorney
2. Four-Folds Duties of a Lawyer
3. Specific Duties of a Lawyer
4. Duty of Counsel de Officio
5. Duty of a Private Prosecutor

CODE OF PROFESSIONAL RESPONSIBILITY (Memorize Canons 1-22)

6. The Lawyer and the Society

1. Respect for the Law and Legal Processes (BAR: 93,94,98,01,10)
a. Maintenance
b. Barratry
c. Ambulance Chasing
d. Santiago v Hidalgo 448 SCRA 282
e. Sicat v Ariola 456 SCRA 93
f. Estrada v Sandiganbayan 416 SCRA 465
2. Rendition of Available and Efficient Legal Service (BAR: 97, 05)
3. True, Honest, Fair and Objective Information in Making Known
the Legal Service (BAR: 93, 94,96,97,98,01,02,03,10)
a. Rationale behind the Prohibition
b. Advertising and Solicitation
c. Allowable Manner of Advertising Legal Service
d. Khan v Simbillo 409 SCRA 299
e. Dacanay v Baker and McKenzie 136 SCRA 349
4. Participate in the Improvement of Legal System
5. Participation in the Legal Education Program
a. Three Fold Obligation of a Lawyer
6. Applicability of CPR to Lawyers in Government Service
(BAR:92,93,00,01,06)
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 a. Code of Conduct and Ethical Standards for Public Officials
and Employees (RA 6713 Sec 4(A)

7. The Lawyer and the Legal Profession

a. Uphold the Integrity and Dignity of the Profession and Support
the Activities of the IBP
i. Integrated Bar of the Philippines
ii. Letter of Atty Cecilio Arevalo 458 SCRA 209
b. Observe Courtesy, Fairness and Candor Toward his Colleagues
and Avoid Harassing Tactics (BAR: 95,97,01,05,06)
c. Unauthorized Practice of Law

8. The Lawyer’s Duty to the Courts

a. Observance of Candor, Fairness and Good Faith to the Courts
(BAR: 94, 00)
i. Young v Batuegas 403 SCRA 123
b. Observe Respect due to the Courts (BAR:93,96,97,10)
i. In Re Sotto 82 Phil 595
ii. In Re Almacen (1970)
c. Assists in the Speedy and Efficient Administration of Justice
(BAR:91,96.97,9802,03,09)
i. Const Article 3, Section 6
ii. Rule 138 Sec 20(g)
d. Avoid Impropriety that Tends to Influence the Court
(BAR:94,97,00,01,03)

9. The Lawyer’s Duty to the Client

a. Attorney-Client Relationship
i. Nature of Relation
b. Not Refuse Services to the Needy (BAR:90,93,00,02,06)
i. Right to Decline Employment
ii. Duty to Decline Employment
iii. Ethical Consideration in Taking a Bad Case
iv. Amici Curiae/Counsel de Officio
(BAR: 91,3,94,96,97,99,00,01,02,04,05,06,07,08)
c. Observe Candor, Fairness, and Loyalty in his Dealings and
Transactions with his Clients
i. Conflict of Interest
ii. Test in Determining Conflict of interest
iii. Effect of Representing Adverse Interest
d. Hold in Trust all the Money and Property of this Client that may
Come to his Possession
i. When Rules is not Applicable
e. Owes Fidelity to the Cause of this Client and be Mindful of the
Trust and Confidence Reposed in Him
i. Privilege Communication
(BAR: 98,05,06)
ii. Conflict of Interest
(BAR: 91,92,93,94,97,99,00,01,02,04,05,06,09)
f. Serve Client with Competence and Diligence
(BAR: 98,01,02,05)
i. Duty to Protect the Client’s Interest
1. Dalisay v Atty Mauricio A.C 5655, April 2005
ii. Preparation of Pleadings of the Client
iii. Duty to Keep the Client Fully Informed
iv. Doctrine of Imputed Knowledge
1. When Not Applicable
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 v. Duty when the Court intends to Plead Guilty
vi. Duty to Comply with the Client’s Lawful Request

g. Represent Client with Zeal and within the Bounds of the Law
(BAR: 94,97,01,03)
i. Duty to Restrain Client from Impropriety
ii. Duty to Advice Candidly
iii. Duty of Lawyer in Case of Knowledge of Client’s Fraud
iv. Authority of the Lawyer
v. Presumption of Authority
vi. Authority to Compromise
vii. Authority to Conduct Litigation
viii. Mistakes or Negligence of Lawyer Binding Upon Client
h. Charge only Fair and Reasonable Fees
i. Attorney’s Fees (BAR:90,91,92,94,95,97,98,06,07,08)
ii. Quantum Merit
iii. Retainer
iv. Contingent Fee (BAR:00,01,02,06)
v. Contingent Contract
vi. Champertous Contract
vii. Attorney’s Lien
viii. Charging Lien
ix. Retaining Lien (BAR:92.95,96,98,00,09)
i. Privilege Communication (BAR:98,06)
i. Lawyer as Witness
j. Withdrawal of Services
(BAR:94,95,96,97,98,00,01,04,05)
i. Termination of Attorney-Client Relationship
ii. Discharge of the Attorney by the Client

D. LIABILITES OF A LAWYER
1. Liability for Damages
2. Liability for Breach of Fiduciary Obligation
3. Liability for Cost of Suit
4. Criminal Liability
5. Contempt of Court

E. BAR DISCIPLINE
1. Power to Discipline Errant Lawyer
2. Form of Disciplinary Measure
3. Suspension, Disbarment and Reinstatement
(BAR:91,92,93,94,95,96,98,99,00,01,02,03,04,05,06,07,09)
a. Grounds
b. Breach of Duties to the Court, Client, Bar
c. Grievance Procedure

F. MANDATORY CONTINUING LEGAL EDUCATION (BAR MATTER 850)

(BAR: 03,06)
1. Requirements of Completion
2. Parties Exempted from MCLE

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