LEGAL AND JUDICICAL ETHICS

RUBEN E. AGPALO
CHAPTER 1
INTRODUCTORY
§1.01 Preliminary. LAWYER (Member of Philippine Bar) - class of persons who by
license are officers of the court and who are empowered to appear,
LAW
prosecute and defend and on whom peculiar duties, responsibilities
- is not a trade nor a craft but a profession.
and liabilities are devolved by law as a consequence. (Spanish –
- Its basic ideal is to render public service and secure justice for
Abogado, Filipino – Mananangol)
those who seek its aid.
- If it has to remain an honorable profession and attain its basic Lawyer, Attorney, Attomey-at-law is one skilled in the law. An
ideal, those enrolled in its ranks should not only master its tenets advocate is a person learned in the law and duly admitted to
and principles but should also, by their lives, accord continuing practice, who advises a client and pleads for him in court.
fidelity to them.
Barrister is a person entitled to practice as an advocate or counsel
§1.02. Definitions. in superior courts in England.
LEGAL ETHICS Counsel or counselor a legal advocate managing a case at law.
- is the embodiment of all principles of morality and refinement that
Doctor is an attorney in the admiralty and ecclesiastical courts.
should govern the conduct of every member of the bar.
- The “living spirit of the profession, which limits yet uplifts it as a Solicitor is a person prosecuting or defending suits in courts of
livelihood.” chancery.
- Branch of moral science which treats of the duties which an
attorney owes to the court, to his client, to his colleagues in the Counsel de parte is an attorney retained by a party litigant, usually
profession and to the public. for a fee, to prosecute or defend his cause in court.

SOURCES OF LEGAL ETHICS: Counsel de oficio is an attorney appointed by the court to defend an
- Rules of Court indigent defendant in a criminal action or to represent a destitute
- Related laws party in a case.
- Controlling decisions of the Supreme Court
- The Code of Professional Responsibility
- The Canons of Professional Ethics
- Applicable doctrines laid down by the court
- Writings of legal scholars on the subject