NOTES (November 13, 2017) - BASIC LEGAL ETHICS

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NOTES (November 13, 2017) BASIC LEGAL ETHICS

Main purpose of a lawyer is to render public service

Practice of Law is not a trade not a craft but a profession

Lawyers duty (four folds of a lawyer)

1. Society
2. Co-lawyers/ Brother lawyers
3. Clients
4. To the Courts

Lawyers should have a continuing fidelity to the law

Lawyers should not advertise their expertise for this would become unethical

Lawyers should be governed by the conduct of morality and refinement, this is


the living spirit of the profession

Sharia Lawyers should pass the Philippine Bar first before appearing in a regular
Court

Counsel de parte is the lawyer who was chosen by the client to defend him

Counsel de officio is an attorney appointed by the court to an indigent criminal


defendant. The court would be the one to compensate the appointed lawyer. The
appointed lawyer cannot reject the appointment except in cases of very meritorious
reasons by the lawyer like if the client is his relative or such the same manner or it is
not in his line of expertise. Happens when defendant is an indigent or cannot afford a
lawyer
Attorney of record is the person practicing law, who has been appointed by a
person or entity to represent them on the court or legal procedures, appear in the court
on behalf of the client, sign the documents as Attorney to the client, and who has not
been removed or otherwise discontinued at that time

Ob counsel is an experienced lawyer, usually a retired judge and can add prestige
to a law firm

Amicus curiae (literally, "friend of the court"; plural, amici curiae) is someone
who is not a party to a case and is not solicited by a party, but who assists a court by
offering information that bears on the case. Its opinion is meritorious to the Court

Qualification of a lawyer should be fit and honest and possesses good moral
character

Police power after the public welfare regulate the practice of law

Qualifications is one of the way to regulate the practice of law

A lawyers should have an independent mind and should be independent to its


judgement, in cases of ignorance to such topic, it would be good to look for advise to
some veteran lawyer

Quasi- Judicial- Bodies investigates a case or etc

If a member of the Bar lawyers are called upon to serve the public

A lawyer is duty bound to defend his client even though he knows the client is
guilty

A lawyers should be fearless and courageous to litigate a certain case

Duties of a Lawyer:
1. Maintain allegiance to the Republic of the Philippines
2. Support the Constitution and obey the laws
3. Respect and maintain good relationship to the officers, judges and the general
courts
4. Truthful and transparent to clients
5. Do not initiate problems or its commencement or continuance, to have clients
of its own

Public duties of a lawyer help the court to know the truth, public service

Private duties of a lawyer help the client and act as a representative

Personal duties of a lawyer educate himself and be updated

Mandatory Continuing Legal Education (MCLE) is one of the personal duties of


a lawyer

XXX

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