CANDIDO, JANINA RANIELLA F.
legal procedure, knowledge, training and
REVIEWER- LEGAL PROFESSION
CHAPTER 1: PRELIMINARY CONSIDERATIONS
Legal Profession- is a branch of the
administration of justice. It refers to a group
of men pursuing a learned art as a common
calling in the spirit of service - no less a public
service because it may incidentally be a means
of livelihood. Pursuit of the learned art in the
spirit of public service is the primary purpose.
Conflicting interest:
The respondent has indubitably fallen below
the exacting standards demanded of
members of the Bar.
Rule 15.03, Canon 15 of Code of Professional
Responsibility, which provides- a lawyer shall
not represent conflicting interests except by
written consent of all concerned given after
full disclosure of facts.
The relationship of an attorney to his client is
highly fiduciary.
Necessity and public interest enjoin lawyers to
be honest and truthful when dealing with his
client. A lawyer owes fidelity to the cause of
his client and shall be mindful of the trust and
confidence reposed in him.
CHAPTER 2: THE PRACTICE OF LAW
Practice of Law:
As provided in Cayetano vs. Monsod, the
practice of law, means any activity, in or out of
court which requires the application of law,
experience.
Thus, the practice of law is not limited to the
conduct of cases or litigation in court; it
embraces the preparation of pleadings and
other papers incident to actions and special
proceedings in behalf of clients before judges
and courts, and in addition, conveying. In
general, practice of law covers all advice to
clients, and all action taken for them in
matters connected with the law - where the
work done involves the determination by the
trained legal mind of the legal effect of facts
and circumstances.
In facts, the Supreme Court even recognized
as practice of law the lawyer’s teaching of law
subjects.
In the same landmark case, Justice Padilla’s
dissenting opinion, it is worthy to emphasized,
discussed several factors, whether or not a
person is engaged in the practice of law,
namely: (1) Habituality, (2) Compensation, (3)
Application of law, legal principle, practice or
procedure, and (4) Attorney-client
relationship.
Profession not a business:
The practice of law is not a craft, nor trade,
nor commerce. It is a profession whose main
purpose is to aid in the doing of justice
according to law between the state and the
individual, and between man and man.
Thus in one case, the Supreme Court laid
down the elements that distinguished the
legal profession from that of a business as
follows:
a. A duty of public service, of which the
emolument is a by-product and in
 which one may attain the highest
eminence without making much
money.
b. A relation as an “officer of the court”
to the administration of justice
involving thorough sincerity, integrity
and reliability.
c. A relation to clients in the highest
degree of fiduciary
d. A relation to colleagues at the bar
characterized by candor, fairness and
unwillingness to resort to current
business methods of advertising and
encroachment on their practice or
dealing directly with clients.
CHAPTER 5: READMISSION TO THE BAR
Lawyers who have been Suspended
A lawyer suspended from the practice of law
may nonetheless pray for the lifting of his
suspension following the guidelines laid down
by the Supreme Court in Ligaya Maniago vs.
Atty. Lourdes De Dios as follows:
1. After a finding the respondent lawyer
must be suspended from the practice
of law, the Court shall render a
decision imposing the penalty.
2. Unless the Court explicitly states that
the decision is immediately executor
upon receipt thereof, respondent has
fifteen (15) days within which to file a
motion for reconsideration thereof.
The denial of said motion shall render
the decision final and executory.
3. Upon the expiration of the period of
suspension, respondent shall file a
Sworn Statement with the Court,
through the Office of the Bar
Confidant, stating therein that he or
she desisted from the practice of law
and has not appeared in any court
during the period of his or her
suspension.
4. Copies of the Sworn Statement with
the Court of the lawyer’s desistance
from the practice of law.
CHAPTER 7: CAREER CHOICE
There are many career choices available to a
lawyer. (Define Practice of Law, Cayetano vs
Monsod, Conclusion)
As such, one may initially choose between
public service and private service.
Public service involves working in government
as a public servant ever mindful of the phrase-
public service is a public trust. There is no such
thing as a vested interest in a public office, let
alone an absolute right to hold it.
Among the popular choices for career options
for new lawyers who are inclined to rendered
service to the public include being clerk of
court, public attorney, and solicitor.
 Clerk of Court- officers of the court
who have general administrative
supervision over all the personnel of
the court. Indeed, Clerks of Court are
the chief administrative officers of
their respective courts. They perform
a sensitive function as designated
custodians of the court’s funds,
revenues, records, properties and
premises. Primarily responsible for the
speedy and efficient service of all
court processes and writs.
 Public Attorney’s Office (PAO) - shall
independently discharge its mandate
to render, free of charge, legal
 representation, assistance and property, or industry for the
counseling to indigent persons in furtherance of their legal profession,
criminal, civil, labor, administrative and registered with the SEC. Can take on
other quasi-judicial cases. more cases and clients than what a
 Office of the Solicitor General- is the solo practice normally can.
principal law office and legal defender
of the Government. It shall represent
the Government of the Philippines, its
agencies and instrumentalities and its
officials and agents in any litigation,
proceeding, investigation or matter
requiring the services of lawyers.

Private Service implies that one must have

presented himself to be in the active and
continued practice of the legal profession and
that his professional services are available to
the public for compensation, as a source of his
livelihood or in consideration of said services.

It entails working in the private sector either

engaged in solo practice, as part of law firm
providing legal services in litigation, or in
corporation.

 Solo Practice- practicing your

profession all by your lonesome.

Adv: A solo practice allows you the

freedom to direct the tempo and nature
of cases that you would take on.

Dis: (1) does not have the same resources

as those found in a law firm, (2) one is
alone in solo practice unlike law firms
where you are assisted by partner or
associate (3) does not provide you with
the much needed logistics and network
that you would like to have unlike law
firms that have extensive networks and
established logistical support systems.

 Law Office- is a partnership of two or

more lawyers who contribute money,