Basic Legal Ethics Chapter 1

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

1.

Define the following:

a. Legal Ethics
- Legal ethics is a term used to describe a code of conduct governing proper professional behavior, which establishes the
nature of obligations owed to individuals and to society.

- Legal ethics is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and
morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts. Respect
of client confidences, candour toward the tribunal, truthfulness in statements to others, and professional independence are some of
the defining features of legal ethics. Legal ethics can also refer to the study or observance of those duties or the written regulations
governing those duties.

b. Counsel de Parte
- A counsel de parte is an attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.
The term implies freedom of choice either on the part of the attorney to decline or accept the employment or on the part of the litigant
to continue or terminate the retainer at any time.

c. Counsel de Officio
- Counsel de officio is an attorney appointed by the court to an indigent criminal defendant.

d. Attorney of record
- The attorney whose name, together with the address, is entered in the record of the case as the designated counsel of the
party litigated in the case and to whom judicial notices relative thereto are sent.

e. Of counsel
- Of counsel is often the title of an attorney who has a relationship with a law firm or an organization, but is not an associate
or a partner. Some firms use titles such as "counsel", "special counsel", and "senior counsel" for the same concept.

f. Amicus curiae
- Literary means a “Friend of the Court” and an experienced and impartial attorney invited by the court to appear and help
in the disposition of the issues submitted to it.

- Latin for "friend of the court." Plural is "amici curiae." Frequently, a person or group who is not a party to an action, but has
a strong interest in the matter, will petition the court for permission to submit a brief in the action with the intent of influencing the
court's decision.

g. Bar and Bench


- Bar is a collective term for the attorneys who are licensed to practice in the Courts, or a particular court, of any state.

The term 'Bar' was originated in England with the partition of Bar fixed for dividing the court hall into two parts for the
purpose of separating lawyers and officers of the court from suitors and other general public. Black's Law dictionary defines 'Bar' as
the railing that separates the front area where the judge, court personnel, lawyers and witness conduct court business, from the back
area which provides seats for observers. The same dictionary has also defined the ‘Bar’ as the whole body of lawyers qualified to
practice in a given court or jurisdiction; the legal profession or an organized sub-set of it.

“Encyclopedia of American explains that the term ‘Bar’ as a court room applied to the area impliedly reserved for the
principals of the court. i.e. the judge, the attorneys, the court officer and members of the jury.
At present Bar means a particular part of court room where lawyers sit.

Bench means all the judges taken together as distinguished from the ‘Bar’ the name for all the members of the legal
profession- bench is that part of the court considered in its official capacity, while the judges are sitting. The earlier meaning of Bar
contained the part of Bench also at the present term ‘Bar’ is applied for the attorneys part of the court and the term is used for the
judicial officers part of the Court.

h. Attorney-at-Law
- Class of persons who are by license, officers of the courts, empowered to appear, prosecute and defend, and upon
whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

- An attorney-at-law is defined as a practitioner in a court of law who is legally qualified to prosecute and defend actions in
such court on the retainer of clients.

i. Attorney-in-fact
- He is an agent whose authority is strictly limited by the instrument appointing him. It can be anyone not necessarily a
lawyer.
- An agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person
authorized to act by a power ofattorney. An attorney in fact is a fiduciary. Also known as attorney in fact or private attorney.

j. Lead counsel
- Lead counsel is appointed when multiple parties share sufficient common interests so that one attorney may represent
them as a group, without conflict, on substantive matters.

i. Practicing lawyer
- A practicing lawyer is the lawyer who holds the license to practice law from the bar of the concerned jurisdiction and
engages himself in the practice of law as an independent lawyer or joins a firm to undertake the practice collectively. It
excludeslawyers working as an employee of an organization.

k. Trial lawyer
- a lawyer who engages chiefly in the trial of cases before courts of original jurisdiction

l. In-house counsel
- An in-house counsel is an attorney who is employed full time in this State by a non-governmental corporation, partnership,
association, or other legal entity, including its subsidiaries and organizational affiliates, that is not itself engaged in the practice of law
or the rendering of legal services outside such organization.
Essentially in-house lawyers look after the legal needs of the organisation they work for.

m. Pro Se
For one's own behalf; in person. Appearing for oneself, as in the case of one who does not retain
a lawyer and appears forhimself or herself in court.

2. Explain the power of the Supreme Court to regulate practice of law? What is the basis of such power?

The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under
Article VIII, Sec. 5 (5) provides:

Sec. 5. The Supreme Court shall have the following powers:

(5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice and
procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the under privileged.

The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit
candidates to the legal profession.

The Bar Examination Committee:

 Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar.

 The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.

 The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the
individual members of the committee on the other. He is at the same time a deputy clerk of court.

Admission of examinees is always subject to the final approval of the court

3. What are privileges of an Attorney?


4. What is a practice of law?
5. Who are authorized to practice law?
6. What are the requirements engaged in the practice of law?
Basic Legal Ethics assignment: 1. Re: Application for Admission to the Philippine Bar vs. Ching, BM No. 914, Oct. 1, 1999
2. Magdaluyo vs. Nace, AC 3808 3. Aguirre vs. Rana, BM 1036, June 10, 2003 4. Orbe vs. Adaza, 428 SCRA 567 5. People
vs. Santocildes, GR No. 109149, Dec. 21, 1999 6. Cruz vs. Mina, GR No. 154207, April 27, 2007 7. Read Rule 138, Rules
of Court

You might also like