Professional Documents
Culture Documents
Reviewer in Legal Profession and Counseling
Reviewer in Legal Profession and Counseling
Nature of an Attorney
Attorney sometimes called an advocate or counsel, is
one who aids in the administration of justice.
2.
3.
1934
1935
1938
1940
1960
1964
1989
1990
1993
2000
Page |1
nd
b)
c)
Law
It is not expected for a law student to know this but a lot
of reading is.
Independence
It means getting immersed in the case of ones client and
then withdrawing from the emotional experience as a
necessity for maintaining ones independence.
2.
Accessibility
It means not only maintenance of legal clinics for indigent
persons, but just as deserving are those are financially
capable to pay in full for the services of a lawyer.
3.
Learning
3.
4.
5.
Dreams/Ambitions
A student should dream to become a lawyer. There is no
place for half-heartedness in the law school.
b)
Perseverance
A law student must be determined to hurdle the bar even
if it will take great degree of sacrifice for his part. Time
management will help.
c)
Patience
Studying law requires a great degree of patience, reading
and analyzing each provision of law, and in long years of
study.
Language
Language is the tool of the law. It is already presumed to
be inherent with the student. Otherwise to be effective, it
must be a matter of habit.
Law School
Student assumes all
assignments and tasks
Professors merely guide
students in proper course
of analysis
Socratic method
question and answer
(recitation) as a way of
discussion
Students are trained to be
self-dependent
3-Fold Rationale
(in consonance with direct supervision and control clause)
1.
2.
3.
Page |2
nd
%
Exam Day
15
1st Sunday (AM)
10
1st Sunday (PM)
15
2nd Sunday (AM)
10
2nd Sunday (PM)
15
3rd Sunday (AM)
10
3rd Sunday (PM)
20
4th Sunday (AM)
5
4th Sunday (PM)
TOTAL 100
To pass the bar, examinee has to obtain an average of
at least 75% in all subjects without however failing
below 50% in any subject.
6.
Criminal law
a. The Revised Penal Code
(Book I and II including related special laws)
7.
Remedial Law
a. The Rules of Court
b. The 1991 Rules on Summary Procedure
c. Katarungang Pambarangay
d. Rule of Procedure for Small Claim Cases
e. Rule of Procedure for Environmental Cases
8.
Bar Confidante
(ministerial)
Appointed by the
Chief Justice
B.C.
2.
Atty.1
Atty.2
Atty.3
Atty.4
Atty.5
Atty.6
Atty.7
Atty.8
Civil Law
a. Effect and Application of Laws
b. Human Relations
c. Persons
d. Property
e. Prescription
f.
Obligations
g. Contracts
h. Sales
i.
Succession
j.
Partnership
k. Agency
l.
Compromise
m. Credit transactions
n. Lease
o. Land Titles and Deeds
p. Torts and Damages
4.
Taxation
a. General Principles of Taxation
b. National Internal Revenue Code (NIRC) of 1997,
as amended
c. Tariff and Customs Code
d. Republic Act No. 1125 Creating the Court of Tax
Appeals
e. Provisions of Local Government Code on
Taxation
5.
Mercantile Law
a.
Letters of Credit
b.
Warehouse Receipts Law
c.
Trust Receipts Law
DOs
Secure and bring
Notice of Admission
Keep examinees
identity secret
Answer in own
handwriting
Insert the name card
with name, signature,
school and right thumb
mark at the back of
examination notebook
Use fountain pen or
sign pen in blue, blueblack or black ink
Secure approval from
SC the use of
noiseless typewriter in
answering questions
(Sec.10, Rule 138,
ROC)
In correcting mistakes,
simply draw a line
across the word or
words to be changed
[Observe logic in
answers as well as
neatness and proper
margins at all times]
DONTs
Carrying deadly
weapons, cameras, tape
recorders, radio,
communication gadget,
electronic devices
Missing to take any
subject is a bar in taking
subsequent subjects
Bringing of papers,
books or notes
Variation in the color of
the ink
Variation in the style of
the handwriting
Communicating with
other examinees
Any other form of
erasures or tearing off
any page of examination
booklet
Writing the name of the
examinee in the booklet
or making any
unnecessary marking or
impression for
identification
Examinee influencing
any bar examiner
Page |3
nd
Political Law
o
Constitutional law
o
Administrative Law (excluding IRRs)
o
Laws on Public Officers
o
Public Corporations (including LGUs)
o
Election Laws
Labor standards
Labor relations
Social Legislation
3.
Civil Law
4.
Taxation
5.
6.
Mercantile Law
Code of Commerce
Insurance Code
Transportation laws
Corporation Law
Insolvency Law
Issue:
Held:
Criminal law
Probation Law
Anti-Fencing Law
7.
8.
Remedial Law
Legal ethics
Judicial Ethics
Legal Forms
Compensation
Practice of law implies that one must have
presented himself in the active practice
and that his professional services are
available to the public for compensation,
as a source of his livelihood or in
consideration of his services.
3.
Application of law
Application of legal principle, practice, or
procedure which calls for legal knowledge,
training and experience is within the term
practice of law.
4.
Habituality
Attorney-client- relationship
When a lawyer undertakes an activity
which requires the knowledge of law but
involves no attorney-client relationship,
such as teaching law or writing law books
or articles, he cannot be said to be
engaged in practice of his profession as a
lawyer
Page |4
nd
MODERN CONCEPT
Any activity, in and out of the court, which requires the
application of law, legal procedure, knowledge, training
and experience. To engage in the practice of law is to
perform those acts which are characteristics of the
profession. (Cayetano vs. Monsod, 201 SCRA 210)
(f)
(g)
(h)
(i)
Dissenting Opinions
Justice Padilla
CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF HIS CAUSE AND
REFRAIN FROM ANY IMPROPRIETY WHICH TENDS TO INFLUENCE, OR GIVES
THE APPEARANCE OF INFLUENCING THE COURT
(a)
(b)
(c)
(d)
(e)
CANON 19 - A LAWYER SHALL REPRESENT HIS CLIENT WITH ZEAL WITHIN THE
BOUNDS OF THE LAW.
Page |5
nd
Privileges of an attorney
1.
2.
3.
4.
5.
6.
Freedom of Association
Integration of the bar does not make a lawyer a
member of any group which he is not already a
member. He became a member of the bar when he
passed the Bar examinations. All that integration
actually does is to provide an official national
organization for the well-defined but unorganized
and incohesive group of which every lawyer is
already a member.
b.
Regulatory Fee
It does not mean that the Court levies a tax. A
membership fee in the Integrated Bar is an exaction
for regulation, while the purpose of a tax is revenue.
c.
Freedom of speech
A lawyer is free, as he has always been, to voice his
views on any subject in any manner he wishes, even
though such views be opposed to positions taken by
the Unified Bar.
d.
Concept of integration
Integration of the Bar means the official unification of all
the lawyers in the Philippines. This requires membership
and financial support (in reasonable amount) of every
attorney as conditions sine qua non to the practice of law
and to the retention of his name in the Roll of Attorneys
of the Supreme Court.
1.
2.
3.
4.
7.
8.
6.
Organization
Administrative Supervision of SC
The Supreme Court acquires administrative supervision
over the IBP including its officers.
Purpose of Integration
5.
Page |6
nd
1.
e) Always smile/laugh
f) Improve ones communion with God
g) Knowing your limitation
b) Joining a law
firm as an
associate/
assistant;
Advantages
1) independence
of action
Disadvantages
1)lack of
experience
2)rushed to
experience
2)lack of facilities
3)projecting own
image
3)lack of
confidence
e) Government
employment
4.
Preventive Lawyering
a)
b)
Counter-proposals
c)
Reconsiderations
Compromise
e)
Advice to clients
-unstable income
f)
1)receives proper
advice from
senior lawyers
1)reduced to the
status of merely
an employee
2)template
pleadings are
available
2)sometimes tied
up to given
assignments
3)does not
possess
independent
judgment
3.
d)
5)losing cases
are usually
assigned to
young lawyers
d) Joining the
corporate law
department
Self-Confidence
-very limited
clientele
4)hardly establish
names for
themselves
c) Forming a law
partnership
2.
Requirements
Requirements of completion of MCLE: Members of the
IBP, unless exempted under Rule 7, shall complete every
three (3) years at least thirty-six (36) hours of continuing
legal education activities. The thirty-six (36) hours shall
be divided as follows:
6 hours Legal Ethics
4 hours Trial and Pre-trial skills
5 hours Alternative Dispute Resolution
9 hours Updates on Substantive and
Procedural Laws and jurisprudence
4 hours Legal Writing and Oral Advocacy
2 hours International Law and
International Conventions
Remaining 6 hours such other subjects as
may be prescribed by the Committee on
MCLE
TOTAL: 36 hours (or 36 units)
Page |7
nd
Classes of Credits
a. Participatory Credit
Attending approved education activities like seminars,
conventions, symposia; speaking or lecturing, or
assigned as panelist, reactor or commentator, etc. in
approved education activities; teaching in law schools
or lecturing in bar review classes.
b. Non-Participatory
Preparing, as author or co-author, written materials
(article, book or book review) which contribute to the
legal education of the author member, which were not
prepared in the ordinary course of his practice or
employment; editing a law book, law journal or legal
news letter.
Persons exempt from the MCLE
President, Vice-President, Secretaries and Undersecretaries of
Executive Departments
Senators and members of the House of Representatives
Chief Justice and Associate Justices of the Supreme Court
Incumbent and retired members of the judiciary, incumbent members
of the Judicial and Bar Council, incumbent members of the Mandatory
Continuing Legal Education Committee, incumbent court lawyers who
have availed of the Philippine Judicial Academy programs of
continuing judicial education. (Amendment to Bar Matter 850,
Resolution of the Court En Banc, July 13, 2004)
Chief State Counsel, Chief State prosecutor, and Assistant
Secretaries of the Department of Justice
Solicitor General and the Assistant Solicitor General
Government Corporate Counsel, Deputy and Assistant Government
Counsel
Chairman and Members of the Constitutional Commissions
Ombudsman, the overall deputy Ombudsman, Deputy Ombudsmen,
and the Special Prosecutor of the Office of the Ombudsman
Heads of Government Agencies exercising quasi-judicial functions
Incumbent deans, bar reviewers, professors of law who have been
teaching experience for the past 10 years in accredited law schools
Chancellor, Vice Chancellor and members of the Corps of
Professional and Professorial Lectures of the Philippine Judicial
Academy
Governors and Mayors
Suspension*
2.
3.
4.
5.
Deceit
2.
3.
4.
5.
6.
7.
Page |8