HEMERHYNI A.

BARAGUIR
PROBLEM AREAS IN LEGAL AND JUDICIAL ETHICS
QUIZ NO.2

1.) WHAT IS LEGAL ETHICS?

Under the law, the term “legal ethics” is the embodiment of all principles of
morality and refinement that should govern the conduct of every member of the
bar. It has also been broadly defined as the “living spirit of the profession, which
limits yet uplifts it as a livelihood.” Branch of moral science which treats of the
duties which an attorney owes to the court, to his client, to his colleagues in
the profession and to the public. It refers to the branch of moral science which
treats of the duties which an attorney owes to the court, to his client, to his
colleagues in the profession, and to the public

2.) EXPLAIN THE. POWER TO REGULATE PRACTICE OF LAW.

Power to regulate practice of law is a privilege impressed with public interest.

The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and regulation in
the Supreme Court. The constitutional power to admit candidates to the legal
profession is a judicial function and involves the exercise of discretion.  Practice
of law is inseparably connected with the exercise of its judicial power in the
administration of justice. Power to regulate the practice of law is not an arbitrary
or despotic power to be exercised at the pleasure of the court. It is the duty of the
court to exercise it by a sound and just judicial discretion.

3.) NATURE OF OFFICE OF AN ATTORNEY.

An attorney is more than a mere agent because he possesses special powers of

trust and confidence reposed in him by his client. He is independent as the judge,
a public officer, although not in the constitutional or statutory meaning of the
term. He occupies a quasi-judicial office because he is in fact an officer of the
court. Moreover, membership in the bar is in the category of a mandate of public
service of the highest order. Lawyers are oath-bound servants of society whose
conduct are clearly circumscribed by the inflexible norms of law and ethics. His
primary duty is to the advancement of the quest of truth and justice.
4.) WHAT ARE THE PRIVILEGES OF A LAWYER?

The privileges of a lawyer are the following:

1. Privilege and right to practice law during good behavior before any judicial,
quasi-judicial, or administrative tribunal.
2. Attorneys enjoy the presumption of regularity in the discharge of his duty.
3. Other privileges inherent in his status as quasi-judicial officer:
1. Passing the bar is equivalent to First-grade Civil Service
eligibility for any position in the classified service of the
government, the duties of which require knowledge of law.
2. Second-grade eligibility for any other government position not
requiring proficiency in the law.
4. The court, in admitting him to practice, presents him to the public as worthy of
its confidence and as a person fit and proper to assume and discharge the
responsibilities of an attorney.
5. Has the privilege to set the judicial machinery in motion.

5.) EXPLAIN PRACTICE OF LAW AS A PROFESSION.

The practice of law is a profession, a form of public trust, the performance of

which is entrusted only to those who are qualified to possess good moral
character. The Code of Professional Responsibility, particularly the ethical rule
against advertising or solicitation of professional employment, rests on the
fundamental postulate that the practice of law is a profession.

Profession is a calling requiring specialized knowledge and often requiring long

academic preparation.