Module 1

The Lawyer and Legal

Profession

OAEL3
Legal Office Procedures

to your first module!

This module is a combination of

synchronous & asynchronous learning
and will last for two weeks
Pretest will be given via
Google Form in asynchronous test

C_Overview_

Atty. Leonicia B.
Garduque
Course Coach

September 1, 2020
Date Initiated

1
September 10, 2020
Date of Completion
 THE LAWYER AND LEGAL PROFESSION

A. LEARNING SCHEDULE: For Weeks 2 and 3

o Synchronous Meeting: Thurs, 1:00 PM to 2:30 PM through Google Meet

o Asynchronous Schedule : Tues, 1:00 PM to 2:30 PM
o Offline Learning: Same class schedule based on printed module.

B. OVERVIEW AND COVERAGE

You must have heard a hundred times, “Kapag may katwiran, ipaglaban
mo!” Say that aloud. Yes, we usually hear it said about law, rights, the justice
system and lawyers. This time, we would be talking about lawyers. You heard it
right- LAWYERS! Those cold-blooded liars who twist the law and make the
innocent languish in jail and the rich and corrupt go scot free from their evil
deeds. Those lawyers become the villain in all those melodramas that you watch,
like the movie Miracle at Cell No. 13, especially when they frustrate your
expectations that justice must always be served and that the BAD GUYS must
always go to jail. But, hmmn wait a minute. Before we become judgmental, because BAWAL ANG
JUDGMENTAL, right? We better make our better judgment about lawyers and the legal profession whether
they are the GOOD GUYS or the BAD GUYS. Here we go.
For our study on Legal Office Procedures, for the first part of the semester, we will be studying about
the lawyer and the legal profession. We will discuss about a brief history of the development of the legal
profession, the qualifications of a lawyer to practice his profession, and then the legal profession per se.
Since, lawyers are primarily known for their function as Notary Public, we will first dive into understanding
about contracts, the notarial commission and legal forms. You will be required, as part of practical application
to draft basic legal forms, like Affidavits and Contract of Sale. Then for the Midterm period, you will have a
deeper understanding of the work of the lawyer as a LEGAL ADVOCATE, one who takes the case of a client
and defends it in court. This will be the more exciting part. Because you will take a glimpse at the grilling,
stressful and honorable job of the lawyer to defend a person’s life, liberty and property. You will have an
overview of the Rules Court, which is a codification of the rules of procedure in advocating a cause before
different jurisdictional courts. You will learn about jurisdiction and the drafting of judicial forms, especially
initiatory pleadings, which are often filed in civil, criminal, special proceedings and
administrative cases. You will be made familiar of these different judicial forms.
For the final grading period, you will focus more on law office management. Most
of the preparation and work of a lawyer are done in the office. Battles in cases are
half-won in duly prepared documentary evidence, pleadings, preparation of
witnesses, gathering of accurate facts, doing research on applicable law and
jurisprudence, and complying with the rules of procedure on proper notice of
pleadings and motions that are filed in court. The lawyer can only do so much. So,
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 he relies primary support on paralegals and legal office assistants to do the much needed clerical,
administrative and liaison work that goes with legal practice. We have only covered those who are into
PRIVATE PRACTICE, meaning, those who set-up their own private law firm. We have a substantial number
of lawyers in different government offices. They work in courts, quasi-courts and practically, in all government
offices. The practice of legal profession is QUITE PERVASIVE as you might later realize. Because, the
TRUTH is, OUR LIVES ARE GOVERNED BY LAW from birth to
death, and even after death. So, hear this, lawyers are here to
stay, whether we like them or we like them very much. Whether
lawyers are liars, it is up to you. Just remember our house rule-
BAWAL JUDGMENTAL.
As an initial discussion, we begin with a brief
history of the legal profession, then we will discuss the
qualifications of a lawyer and a review on the provisions of the
New Civil Code on contracts. By next week, you will learn about
the notarial work of a lawyer and be familiarized with the drafting
of legal forms.

C. DISCUSSION

1. THE LEGAL PROFESSION

Legal profession is a vocation that requires expertise and application of the law. Canon 1 of the Code
of Professional Responsibility for Lawyers in the Philippines states that a lawyer shall uphold the Constitution,
obey the laws of the land and promote respect for law and legal processes. We could, therefore, safely assume
that the primary duty of a lawyer involves equipping himself adequately with the knowledge of the law and
promote its respect in the application of the law within the parameters of duly defined legal processes. The
practice of law is far from being an exact science. Although, laws are promulgated for uniform application, its
interpretation and application depends primarily on the facts and issues presented in a legal controversy. But,
being an advocate for the upholding of the law is just one of the areas for the practice of legal profession.
In the Philippines, laws are promulgated by the Legislative Department of the State, which comprises
the Senate and the House of Representatives. The rules and regulations for their implementation are prepared
by concerned government agencies, which are under the Executive Department. For example, the Revenue
Regulations for the implementation of tax laws are issued by the Bureau of Internal Revenue (BIR), which is
primarily tasked in the collection of taxes. Determination of unconstitutionality of these laws as well as their
interpretation in the application in a legal controversy are within the powers of the Judiciary. Hence, this
guarantees the checks and balances within the three primary branches of the State, with respect to laws, in
order to safeguard the liberties enjoyed by its citizenry.
It is at this context that the legal profession plays an important role. And, it is the very reason why
lawyers are considered as legal advocates to protect people’s lives, property and liberty. The Constitution and
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our laws guarantees certain rights to be enjoyed by the citizens. When these rights are violated, the lawyer
comes in as an advocate either for the complainant or for the defendant. But, it is also important to point out
that within the framework of the legal system where laws are promulgated and executed, lawyers play a vital
role to ensure proper harmony of these laws with subsequent amendments, modifications, repeal of law.
Likewise, within the framework of the judicial system, lawyers play an even bigger role as members of the
judiciary in different capacities as justices, judges, court staff, hearing officers, mediators, arbiters, and Public
Prosecutors. There is a wide array of the practice for the legal profession. We only see the kind of lawyer that
are portrayed in movies. But the truth is, lawyers are hard-working individuals who devote their time in
understanding and applying the law, in ensuring that rights and freedoms of the people are safeguarded, in so
many ways that we may have never realized.

2. A BRIEF HISTORY OF THE LEGAL PROFESSION

We are familiar with King Solomon in the bible and the story where while being as a wise king also
acted as a judge between two contending women who claim to be the mother of a newborn baby. And, we are
amazed by how Solomon, though his method was unconventional, made as convinced that he is indeed a
great and wise king. From this, we could derive of the fact that in ancient traditions, the king likewise acted as
a judge, because this function is inherent of his role as the over-all ruler of people within his charge. As a ruler,
he also promulgates laws for people to follow. Therefore, the kings in ancient kingdoms, as rulers, law-givers
and judge, were the first legal professionals, so to speak. With the expansion kingdom and with the
development of civilizations, the function of that of a judge was delegated to princes, priests or special royal
officials.
The legal profession emerged as a consequence of the
development of a defined legal system within the city-states in
the Greco-Roman civilization, especially with the Roman
civilization in the period 200 to 600 CE. The modern legal
professional came with the emergence of a JURISCONSULT, a
person who have made himself knowledgeable with the law and
who provided free legal advice. But with the development of
methods of trial and more complex laws covering family laws
and laws on inheritance, different offices related to the legal
profession also emerged, such as the ADVOCATE who
obtained legal training, and the PROCURATOR who drafted
legal documents. The JURISCONSULTS became important as
teachers and writers of law.
The Roman legal system influenced Europe as it expanded its boundaries. The Roman imperial church
developed its own canon law, courts and practitioners. With the spread of the Roman empire, the church also
established its jurisdiction in matters of family and inheritance. The late Roman professional system had great
influence in the development of legal systems in different parts of the world, which became a pattern for most

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countries. In Europe, ADVOCATES emerged who were university graduates in Romanist learning and whose
primary job was to give direct advice to clients and to procurators, and presented ORAL ARGUMENTS in
courts. Along with the Advocates came the NOTARIES who were the legal scribes and were considered the
drafting experts. They also authenticated documents and maintained archives. These notaries seems to be
the precursors of the modern job of lawyers as Notary Public, which have essentially the same function of
authenticating documents. From there, almost every country, from Europe to across every nation which has
been conquered in later centuries, have developed their legal profession and legal system after the late
Romanist legal system.
In the Philippines, the judicial system had been formally established during the American era during the
turn of the 20th century. The Supreme Court and lower courts of different jurisdiction has been defined. At
present, the organization and powers of the Judiciary and other branches of the government is established
and defined in the Constitution.

3. QUALIFICATIONS OF A MEMBER OF THE PHILIPPINE BAR

Practice of legal profession in the Philippines is regulated by the Supreme Court, which is the
highest body of the judiciary. Rule 138 of the Rules of Court provides for the qualifications and regulation
for the practice of a lawyer. Here are excerpts of important provisions of Rule 138 of the Rules of Court
that will guide us in understanding the qualifications of a lawyer and his responsibilities:

Section 1. Who may 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.

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.

Section 20. Duties of attorneys. — It is the duty of an attorney:

(a) To maintain allegiance to the Republic of the Philippines and to support the Constitution and
obey the laws of the Philippines.

(b) To observe and maintain the respect due to the courts of justice and judicial officers;

(c) To counsel or maintain such actions or proceedings only as appear to him to be just, and such
defenses only as he believes to be honestly debatable under the law.

(d) To employ, for the purpose of maintaining the causes confided to him, such means only as
are consistent with truth and honor, and never seek to mislead the judge or any judicial officer by
an artifice or false statement of fact or law;

(e) To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of
his client, and to accept no compensation in connection with his client's business except from him
or with his knowledge and approval;
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 (f) To abstain from all offensive personality and to advance no fact prejudicial to the honor or
reputation of a party or witness, unless required by the justice of the cause with which he is
charged;

(g) Not to encourage either the commencement or the continuance of an action or proceeding, or
delay any man's cause, from any corrupt motive or interest;

(h) Never to reject, for any consideration personal to himself, the cause of the defenseless or
oppressed;

(i) In the defense of a person accused of crime, by all fair and honorable means, regardless of his
personal opinion as to the guilt of the accused, to present every defense that the law permits, to
the end that no person may be deprived of life or liberty, but by due process of law.

Section 21. Authority of attorney to appear. — an attorney is presumed to be properly authorized

to represent any cause in which he appears, and no written power of attorney is required to
authorize him to appear in court for his client, but the presiding judge may, on motion of either
party and on reasonable grounds therefor being shown, require any attorney who assumes the
right to appear in a case to produce or prove the authority under which he appears, and to
disclose, whenever pertinent to any issue, the name of the person who employed him, and may
thereupon make such order as justice requires. An attorneys wilfully appear in court for a person
without being employed, unless by leave of the court, may be punished for contempt as an officer
of the court who has misbehaved in his official transactions.

Section 31. Attorneys for destitute litigants. — A court may assign an attorney to render
professional aid free of charge to any party in a case, if upon investigation it appears that the
party is destitute and unable to employ an attorney, and that the services of counsel are necessary
to secure the ends of justice and to protect the rights of the party. It shall be the duty of the attorney
so assigned to render the required service, unless he is excused therefrom by the court for
sufficient cause shown.

Section 36. Amicus Curiae. — Experienced and impartial attorneys may be invited by the Court
to appear as amici curiae to help in the disposition of issues submitted to it.

We have emphasized in the beginning of the

discussion that the primary duty of a lawyer is to uphold
the Constitution and the laws, to obey them and to
respect the legal processes. Secondary to this duty is to
ferret out the truth in a legal controversy by resorting to
honest and fair methods by which he advocates for the
cause of a client. He is also called upon to give free legal
assistance to the destitute or pauper litigants. That is
the primary purpose for the establishment of the Public
Attorney’s Office (PAO). But, anytime, at the discretion
of a judge, when the need arises to ensure that the
rights of accused are protected, a lawyer can be appointed to act as his counsel. A lawyer can also be
called as an amicus curiae or an expert witness who gives his opinion that would help in the disposition
of a case.
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4. CODE OF PROFESSIONAL RESPONSIBILITY OF A LAWYER

Excerpts of relevant provisions of the Code of Professional Responsibility of a Lawyer are herein
provided, as follows:

CHAPTER I. THE LAW AND SOCIETY

CANON 1 - A LAWYER SHALL UPHOLD THE CONSTITUTION, OBEY THE LAWS OF THE
LAND AND PROMOTE RESPECT FOR LAW AND LEGAL PROCESSES.

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.

Rule 1.02 - A lawyer shall not counsel or abet activities aimed at defiance of the law or at
lessening confidence in the legal system.

Rule 1.03 - A lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man’s cause.

Rule 1.04 - A lawyer shall encourage his clients to avoid, end or settle a controversy if it will
admit of a fair settlement.

CANON 2 - A LAWYER SHALL MAKE HIS LEGAL SERVICES AVAILABLE IN AN EFFICIENT

AND CONVENIENT MANNER COMPATIBLE WITH THE INDEPENDENCE, INTEGRITY AND
EFFECTIVE-NESS OF THE PROFESSION.

Rule 2.01 - A lawyer shall not reject, except for valid reasons, the cause of the defenseless or
the oppressed.

Rule 2.02 - In such cases, even if the lawyer does not accept a case, he shall not refuse to
render legal advice to the person concerned if only to the extent necessary to safeguard the
latter’s rights.

Rule 2.03 - A lawyer shall not do or permit to be done any act designed primarily to solicit legal
business.

Rule 2.04 - A lawyer shall not charge rates lower than those customarily prescribed unless the
circumstances so warrant.

CANON 6 - THESE CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICE IN

THE DISCHARGE OF THEIR OFFICIAL TASKS.

Rule 6.01 - The primary duty of a lawyer engaged in public prosecution is not to convict but to
see that justice is done. The suppression of facts or the concealment of witnesses capable of
establishing the innocence of the accused is highly reprehensible and is cause for disciplinary
action.

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Rule 6.02 - A lawyer in the government service shall not use his public position to promote or
advance his private interests, nor allow the latter to interfere with his public duties.

Rule 6.03 - A lawyer shall not, after leaving government service, accept engagement or
employment in connection with any matter in which he had intervened while in said service.

CHAPTER III. THE LAWYER AND THE COURTS

CANON 10 - A LAWYER OWES CANDOR,

FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.01 - A lawyer shall not do any falsehood, nor

consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any
artifice.

Rule 10.02 - A lawyer shall not knowingly misquote or

misrepresent the contents of paper, the language or
the argument of opposing counsel, or the text of a
decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or
amendment, or assert as a fact that which has not
been proved.

Rule 10.03 - A lawyer shall observe the rules of

procedure and shall not misuse them to defeat the
ends of justice.

CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN THE RESPECT DUE TO THE
COURTS AND TO JUDICIAL OFFICERS AND SHOULD INSIST ON SIMILAR CONDUCT BY
OTHERS.

Rule 11.01 - A lawyer shall appear in court properly attired.

Rule 11.02 - A lawyer shall punctually appear at court hearings.

Rule 11.03 - A lawyer shall abstain from scandalous, offensive or menacing language or
behavior before the Courts.

Rule 11.04 - A lawyer shall not attribute to a Judge motives not supported by the record or
have no materiality to the case.

Rule 11.05 - A lawyer shall submit grievances against a Judge to the proper authorities only.

CHAPTER IV. THE LAWYER AND THE CLIENT

CANON 14 - A LAWYER SHALL NOT REFUSE HIS SERVICES TO THE NEEDY.

Rule 14.01 - A lawyer shall not decline to represent a person solely on account of the latter’s
race, sex, creed or status of life, or because of his own opinion regarding the guilt of said
person.

Rule 14.02 - A lawyer shall not decline, except for serious and sufficient cause, an appointment
as counsel de oficio or as amicus curiae, or a request from the Integrated Bar of the Philippines

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or any of its chapters for rendition of free legal aid.

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client unless:

a) he is in no position to carry out the work effectively or competently;

b) he labors under a conflict of interest between him and the prospective client or between a
present client and the prospective client;

Rule 14.04 - A lawyer who accepts the cause of a person unable to pay his professional fees
shall observe the same standard of conduct governing his relations with paying clients.

CANON 15 - A LAWYER SHALL OBSERVE CANDOR, FAIRNESS AND LOYALTY IN ALL

HIS DEALINGS AND TRANSACTIONS WITH HIS CLIENTS.

Rule 15.01 - A lawyer, in conferring with a prospective client, shall ascertain as soon as
practicable whether the matter would involve a conflict with another client or his own interest,
and if so, shall forthwith inform the prospective client.

Rule 15.02 - A lawyer shall be bound by the rule on privilege communication in respect of
matters disclosed to him by a prospective client.

Rule 15.03 - A lawyer shall not represent conflicting interests except by written consent of all
concerned given after a full disclosure of the facts.

Rule 15.04 - A lawyer may, with the written consent of all concerned, act as mediator,
conciliator or arbitrator in settling disputes.

Rule 15.05 - A lawyer when advising his client, shall give a candid and honest opinion on the
merits and probable results of the client’s case, neither overstating nor understating the
prospects of the case.

Rule 15.06 - A lawyer shall not state or imply that he is able to influence any public official,
tribunal or legislative body.

Rule 15.07 - A lawyer shall impress upon his client compliance with the laws and principles of
fairness.

Rule 15.08 - A lawyer who is engaged in another profession or occupation concurrently with
the practice of law shall make clear to his client whether he is acting as a lawyer or in another
capacity.

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 As we can glean from above, a lawyer must live with the highest integrity in his professional dealings
with the courts, fellow lawyers and clients. At those point, I would like to emphasize Rule 15.02 of Canon 15
where the lawyer is bound by the rule on privileged communication with respect to information that have
been divulged to him within a lawyer-client relationship. It means that the lawyer is bound by strict
confidentiality on information shared by him by his client in the course of his undertaking as a lawyer, and
could not be compelled to testify against his clients pertaining to those information. This is to build trust and
confidence in the legal profession and to guarantee that any information that is shared by the client within a
lawyer-client relationship could not be used to incriminate a client.
It is important that you as student of this subject are duly informed about all these things for you to
understand that the legal profession, especially a lawyer in his private practice are bound by certain code of
professional conduct, so that you might be mindful of how you would also behave in the face of restrictive
and confidential manner by which the lawyer works in the exercise of his profession. Remember that it is the
duty of a lawyer to safeguard a client’s life, liberty or property. Hence, as future law office assistants, you
have to understand the delicate nature of a lawyer-client relationship and the high standards of integrity and
professionalism required of a lawyer.
I hope that by this time, you have been given a snippet on the stressful but rewarding work of a lawyer.
I also hope that by now, you are in a better position to make a better judgment of lawyers and the things that
they do. Our next topic will be on contracts, because a substantial work of a lawyer is that of being a Notary
Public. So we need to have a fair understanding of what contracts are before we proceed in familiarizing
ourselves with different LEGAL FORMS and CORPORATE DOCUMENTS.

- END OF DISCUSSION -

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D. STUDENT ACTIVITIES

1. Reviewer Notes - Write your REVIEWER NOTES based on the discussions above.

2. Reflections/Points for Clarifications

On Leaves No. 16 to 18 of your notebook, answer the following:

1. Before reading this lesson, my perceptions of lawyers are:

________________________________________________
________________________________________________
2. After: reading this lesson, my perceptions of lawyers are:
_________________________________________________
_________________________________________________
3. The question/s that I want to ask regarding the discussions
is/are: ___________________________________________
_________________________________________________
_________________________________________________
4. My over-all understanding of the topic on lawyers and the legal
profession are:
_________________________________________________
_________________________________________________
_________________________________________________
__________________________________________________

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