Part 1 – Legal Ethics

1. Definition and Nature of the Practice of Law

 Definition
o An activity in or out of court, which requires the application of law, legal,
procedure, knowledge, training and experience.
o To give advice or render any kind of service requiring the us in any
degree of knowledge or skill.
 Nature
o It is a privilege given to lawyers who meet the high standards of legal
proficiency and morality, including honesty, integrity, and fair dealing.
o Perform 4-fold duty to society, the legal profession, the courts and their
clients.
o It becomes a right once a person is admitted to the practice of law. Valid
reasons must exist before a lawyer may be prevented from practicing law.
o It cannot be inherited or assigned
o It is a profession (a duty to public service), not a business.
o It is burdened with conditions.
 Faithful compliance with the rules
 Maintenance of the highest degree of morality
 Adherence to the standards of mental fitness

2. Regulation of the Practice of Law

 SC is mandated by the Constitution to promulgate rules concerning the

o protection and enforcement of constitutional rights, pleading, practice,
and procedure in all courts.,
o admission to the practice of law, the integrated bar and legal assistance to
the under-privileged.
 Power to admit applicants is judicial in nature, and involves exercise of judicial
decision
 Legislature, in the exercise of police power, may enact laws regulating the
practice of law to protect the public and promote public welfare.
o Limitation
 May not pass a law that will control the SC in performance of its
function to decide who may enjoy the privilege of practicing law.

3. Admission to the Bar

4. Privileges of a lawyer
5. Duties of a lawyer
 Four-fold duties of a lawyer
o Duty to society
 Uphold the Constitution
 Obey the laws of the landaint
  Promote respect for the law & legal processes
o Duties to the Legal Profession
 Uphold the dignity and integrity of the legal profession
o Duties to the Courts
 To be candid
 Promote respect for the courts and judicial officers
 Assist the courts in rendering speedy and efficient justice
o Duties to the Client
 Observe candor, fairness and loyalty to the client
 Hold the client’s money and property in trust
 Serve the client with competence and diligence
 Preserve the confidence of his client
 Duties of a lawyer
o To counsel & maintain only such actions or proceedings which appear to
him to be just
o Maintain and inviolate the confidence
o Maintain allegiance to the Republic of the PH, support the COnsitution
and obey laws of the land
o Abstain from all offensive personality
o To observe and maintain the respect due to courts of justice & its officers
o Never reject, for any consideration personal to himself, the cause of the
defenseless or oppressed
o To employ only ushc means which are consistent with truth and honor
o Not to encourage commencement or continuance of an action or
proceeding, delay any man’s cause, for any corrupt motive or interest
o Defend a person accused of crime, by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused.
6. Prohibitions and limitations in the practice of law
 Appearance of Non-Lawyers in court
o General Rule: Only those who are license d to practice law can appear in
court.
o Exceptions
 Student Practice Rule
 Requisites
o Completed 3rd year of regular 4-year law curriculum
o Enrolled in a recognized law school’s clinical legal
education program approved by the Supreme Court
o Must appear without compensation
o May appear in any civil, criminal or administrative
case before any trial court, tribunal, board, or officer
o Must represent indigent clients accepted by the legal
clinic of the law school
 Law student shall be under the direct supervision and
control of a member of the IBP duly accredited by the law
 school if he appears in the RTC, and without such
supervision if he appears in an inferior court as an agent or
friend of a party.
 Before the MTC
 In civil cases, a party may conduct his case or litigation in
person with the aid of an agent or friend appointed by him
 Before any other Court
 May conduct his litigation personally. But if he gets
someone to aid him, that someone must be an authorized
member of the Bar.
 In Criminal Cases before the MTC
 In a locality where a duly licensed member of the Bar is not
available, a judge may appoint a non-lawyer who is a:
o Resident of the province
o Of good repute for probity and ability to aid the
accused.
 Before any Cadastral Court
 Non-lawyer may represent a claimant
 Before the NLRC
 Non-lawyer may appear before NLRC or LA if he:
o Represents himself
o Represents a legitimate labor organization
o Represents member of legitimate labor organization
that is within the employer’s establishment
o A duly accredited member of any legal office
recognized by the DOJ or IBP
o The owner or President of a corporation
 A non-lawyer may represent a party before the DARAB
 Any official or other person appointed or designated in accordance
with the law to appear for the Government.
 Practice of law by a corporation
o A corporation cannot practice law directly or indirectly by employing a
lawyer to practice for it or to appear for others for its benefit
o However, they may hire an attorney
 Practice of Law by Public Officials
o General Rule: The appointment or election of an attorney to a
government office generally disqualifies him from engaging in the private
practice of law.
o Exception: Some public officials are not absolutely disqualified to practice
law
 Absolutely prohibited officials to practice law
 Judges and other officials or employees of the superior
court
 Member of the Judicial Bar Council
  Chairman and members of the Constitutional Commissions
 Those prohibited by special law
o But if so authorized by the department head, may
act as counsel for a relative or close family friend
 Ombudsman and deputies
 Governors, city and municipal mayors
 Official and employees of the Office of the SolGen
 Government Prosecutors
 President, VP, members of the Cabinet, their deputies and
assistants
 Civil Service officers or employees whose duties require
them to devote their entire time at the disposal of the
government.
 Not Absolutely Prohibited Officials
 Senators and Members of the House of Representatives
o Prohibited to appear as counsel
o Cannot allow their names to appear in such
pleadings
 Members of the Sanggunian
o Prohibited from
 Appearing as counsel before any court in any
civil case wherein an LGU, or any office,
agency, instrumentality of the government is
the adverse party
 Appearing as counsel in any criminal case
wherein an officer or employee of the
national or local government is accused of an
offense committed in relation to his office
 Collect any fee for their appearance in
administrative proceedings involving the
LGU of which he is an official
 Use property and personnel of the
government except when the Sanggunian
member concerned is defending the interest
of the government.
 Retired Justice or Judge
o
 Civil Service Officers or Employees Not Required to Devote
entire time at the disposal of the government
o Secure a written permit from the head of the
department concerned.
 Limitations on Appearance of Non-lawyers Before the Courts
o Confine his work to non-adversary contentions, and should not undertake
purely legal work such as examination or cross examination of witnesses,
or presentation of evidence
 o His services should be habitually rendered
o He should not charge or collect attorney’s fees
7. Unauthorized practice of law
 Remedies
o Lawyers without authority from the Court or from a party litigant
 Suspension
 Petition for Injunction
 Contempt of Court
 Disqualification and complaints for disbarment
 Administrative complaint
 Declaratory relief
 Criminal complaint for Estafa
o Non-lawyers
 Petition for injunction
 Contempt of Court
 Criminal Complaint for estafa