Lecture Aug 19

Concept of Bar,

3.1 The 'Bar' in legal parlance means an association or group of Lawyers or Advocates. When
used in relation to Court, it means lawyers, Advocates, or where Lawyers assemble in the Court.
The term 'Bench' on the other hand signifies Judicial Officers in the court or where they sit in
the Court.

Bar Admission – Refers to the process of qualifying a person to be admitted in the Integrated

Bar to practice law. It involves among others, the passing the bar, taking of Lawyer’s Oath and
signing the Rolls of Attorneys.

Bar Association – An association of the members of the legal profession such as the Integrated

Bar of the Philippines (IBP) where membership is integrated or compulsory.

Barrister – A person entitled to practice law as an advocate or counsel in superior courts.

Concept of Bench

Bench refers to the seat where the judge sits in the courtroom, and the term is used to refer to the
judge. It can be used to describe all the judges of a particular court, such as the second circuit
bench, or “full bench”, which refers to all the judges of a court.

Concept of Counsel de oficio

Appointment of counsel de oficio. —The court, considering the gravity of the offense and the
difficulty of the questions that may arise, shall appoint as counsel de oficio only such members
of the bar in good standing who, by reason of their experience and ability may adequately defend
the accused.

LEGAL ETHICS - It is that branch of moral science which treats of the duties which an attorney
at law owes to his clients, to the courts, to the bar and to the public. [G.A. Malcolm, Legal and
Judicial Ethics 8, 1949]
Body of all principles of morality and refinement that should govern the conduct of every
member of the bar.
“Living spirit of the profession”
Branch of moral science which treats of duties which an attorney owes to the court, to his client,
to his colleagues, and to the public.

Counselde parte:
An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in
court.
Implies freedom of choice either on the attorney or the litigant.
-ratained lawyers, both lawyer and client agree to represent him for an agreed fees
Counsel de oficio:
Attorney appointed by the court.
To defend an indigent defendant in a criminal action.
To represent a destitute party.
-usually on criminal cases
-helping the court because they are doing it pro bono
-ex. PAO cannot practice/ represent because there is a conflict of interest; indigency/cant afford;
when the accused has no counsel for the moment/ no filed notice of appearance

Attorney of record:
-Atty. Should appear before the court
Attorney whose name, together with his address, is entered in the record of the case as the
designated counsel of the party litigant.
To whom judicial notices are sent.

Collaborating Cousel- the substitute of the Attorney on Record.

-can only be withdrawn by a notice/motion of withdrawal

Motion to reset- finafile ng bagong atty on record to study of law

A lawyer “of counsel” is an experienced lawyer, who is usually a retired member of judiciary
employed by law firms as consultant.

Amicus Curiae is:

An experienced and impartial attorney invited by the court to appear and help in the disposition
of issues submitted to it.
It implies friendly intervention of counsel to call the attention of the court to some matters of
law or facts which might otherwise escape its notice and in regard to which it might go wrong.
Appears in court not to represent any particular party but only to assist the court.

Amicus Curiae par excellence –bar associations who appear in court as amici curiae or friends
of the court. Acts merely as a consultant to guide the court in a doubtful question or issue
pending before it.

Practice of law. — The practice of law is the rendition of legal service or performance of
acts or the application of law, legal principles, and judgment, in or out of court, with
regard to the circumstances or objectives of a person or a cause, and pursuant to a lawyer-
client relationship or other engagement governed by the CPRA. It includes employment
in the public service or private sector and requires membership in the Philippine bar as
qualification.

Standards of the legal profession: independence, accessibility and learning

CPRA
Canon 1- Independence
Canon 2- Propriety- professionality to everyone
Additional responsible use of social media
Canon 3- Fidelity
Definition of practice of law
Canon 4- Competence and Diligence
Canon 5- Equality
Modified to adapt with the current time
Canon 6- Accountability/ Disbarment

August 23
Legal practice- read the case
Oath of Lawyer
Bench- Philippine Judges Association
Phil. Judicial Academy
Black law dictionary

After 5 years, you can apply as MTC judge