In re: Max Shoop

November 29, 1920

Facts of the case:

Max Shoop is applying for admission to practice law in the Philippines Islands under
paragraph 4 of the Rules for the Examination of Candidates for Admission to the Practice of
Law. The applicant has been admitted to practice for more than five (5) years in the highest court
of New York. There is a rule that requires New York State by comity confer the privilege of
admission without examination under similar circumstances to attorneys admitted to practice in
the Philippine Islands.

Procedural History:

The court is advised informally that under this rule one (1) member of the bar of the
Philippine Islands has been admitted to practice, without examination. Under paragraph 1 of the
New York rule, practice for five (5) years in the highest court in any “State or territory of
American Union” is the basic qualification. If the Philippine Islands is a territory of the United
States within the meaning of the word as used in that rule, comity would seem to exist. An
opinion of the Attorney-General of the United States stated that the Philippine Islands are not
incorporated in the United States, they clearly are territory of the United States. Further, the
Philippine Islands have been held not to be “another country” within the meaning of Cuban
Commercial Treaty.

Statement of Issue(s):

Whether or not Max Shoop is qualified to practice law in the Philippines.

Holding:

Yes. Max Shoop is qualified to practice law in the Philippines. Accordingly, the
supporting papers filed by the applicant in this case showing to the satisfaction of the court his
qualifications as an attorney-at-law, his petition is hereby granted and he is admitted to the
practice of law in the Philippine Islands.
The decision is based upon the interpretation of the New York rule that the Philippine
Islands is an unorganized territory of the United States, under a civil government established by
the Congress, in interpreting and applying the bulk of the written laws of this jurisdiction, and in
rendering its decision in cases not covered by the letter of the written law, this court relies upon
the theories and precedents of Anglo- American cases, subject to the limited exception of those
instances where the remnants of the Spanish written law present well-defined civil law theories
and of the few cases where such precedents are inconsistent with local customs and institutions ,
the jurisprudence of this jurisdiction is based upon the English Common Law in its present day
form of Anglo-American Common Law to an almost exclusive extent , and by virtue of the
foregoing, the New York rule, given a reasonable interpretation, permits conferring privileges on
attorneys admitted to practice in the Philippine Islands similar to those privileges accorded by the
rule of this court.