PRACTICE OF LAW

The practice of law is any activity, in or out of court, which requires the application of law, legal procedure, knowledge,
training and experience. It is to give notice or render any kind of service, which device or service requires the use in any
degree of legal knowledge or skill [Cayetano v. Monsod]. Habituality, Application of law, Compensation, Attorney-client
relationship

REQUIREMENTS FOR ADMISSION TO THE BAR (intuitive, need no mnemonics)

a. Citizenship
b. Residence: his/her duties to his client and to the court will require that he/she be readily accessible and available
c. Age (at least 21 years old): maturity and discretion are required in the practice of law
d. Good moral character and no charges involving moral turpitude
The purposes for this requirement are:
1. To protect the public;
2. To protect the public image of lawyers;
3. To protect prospective clients; and
4. To protect errant lawyers from themselves [Dantes v. Dantes, A.C. No. No. 6486 (2004)].
e. Legal education (consisting of pre-law and law proper);
f. Pass the bar examinations
g. Take the lawyer’s oath
h. Sign the roll of attorneys

LEGAL EDUCATION BOARD (standards, reforms, law students, law schools, apprenticeship, MCLE)
Under R.A. No. 7662 (Legal Education Reform Act of 1993), the Legal Education Board (LEB) was created in order to
uplift the standards of legal education by undertaking appropriate REFORMS in the legal education system, requiring
PROPER SELECTION of law students, maintaining QUALITY among law schools, and requiring legal
APPRENTICESHIP and CONTINUING legal education.

A law student who has successfully completed 3rd year of the regular four-year prescribed law curriculum and is enrolled
in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without
compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, TO
REPRESENT INDIGENT CLIENTS accepted by the legal clinic of the law school. The appearance of the law student
shall be under the direct supervision and control of a member of the IBP duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in
behalf of the legal clinic.

Before the MTC – A party may conduct his case or litigation in person with the aid of an agent or friend appointed by
him.

GENERAL OBJECTIVES OF THE IBP (SAD)

1. To elevate the STANDARDS of the legal profession;
2. To improve the ADMINISTRATION of justice;
3. To enable the bar to DISCHARGE its public responsibility more effectively

PURPOSE OF THE IBP (APBFILE)

A. To assist in the administration of justice;
B. To foster and maintain on the part of its members high ideals of integrity, learning, professional competence, public
service and conduct;
C. To safeguard the professional interest of its members;
D. To cultivate among its members a spirit of cordiality and brotherhood;
E. To provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure, and the
relations of the bar to the bench and to the public, and publish information relating thereto;
F. To encourage and foster legal education;
G. To promote a continuing program of legal research in substantive and adjective law, and make reports and
recommendations thereon.

Rule 9.02 - A lawyer shall not divide or stipulate to divide a fee for legal services with persons not licensed to practice
law, except: (DDR)
(a) Where there is a pre-existing agreement with a partner or associate that, upon the latter's death, money shall be paid
over a reasonable period of time to his estate or to persons specified in the agreement; or
(b) Where a lawyer undertakes to complete unfinished legal business of a deceased lawyer; or
(c) Where a lawyer or law firm includes non-lawyer employees in a retirement plan even if the plan is based in whole or
in part, on a profit sharing agreement.

Rule 12.08 A lawyer shall avoid testifying in behalf of his client, except (intuitive na to):
a) On formal matters, such as the mailing, authentication or custody of an instrument, and the like; or
b) On substantial matters, in cases where his testimony is essential to the ends of justice, in which event he must, during
his testimony, entrust the trial of the case to another counsel

Rule 14.03 - A lawyer may not refuse to accept representation of an indigent client if:
(a) he is not in a position to carry out the work effectively or competently;
(b) he labors under a conflict of interest between him and the prospective client or between a present client and the
prospective client.

THE 3 ELEMENTS OF PRIVILEGED COMMUNICATION (RPC)

(a) An attorney client relationship
(b) Disclosed to him in his professional capacity
(c) Intended by the client to be confidential

Rule 20.01 - A lawyer shall be guided by the following factors in determining his fees (TNISE-CACoCeP):
(a) the time spent and the extent of the service rendered or required;
(b) the novelty and difficulty of the questions involved;
(c) The importance of the subject matter;
(d) The skill demanded;
(e) The probability of losing other employment as a result of acceptance of the proffered case;
(f) The customary charges for similar services and the schedule of fees of the IBP chapter to which he belongs;
(g) The amount involved in the controversy and the benefits resulting to the client from the service;
(h) The contingency or certainty of compensation;
(i) The character of the employment, whether occasional or established; and
(j) The professional standing of the lawyer.

Rule 21.01 - A lawyer shall not reveal the confidences or secrets of his client except;
(a) When authorized by the client after acquainting him of the consequences of the disclosure;
(b) When required by law;
(c) When necessary to collect his fees or to defend himself, his employees or associates or by judicial action.

Rule 22.01. A lawyer may withdraw his services in any of the following cases (PICMeFOS):
A. When the client pursues an illegal or immoral course of conduct in connection with the matter he is handling;
B. When the client insists that the lawyer pursue conduct violative of these canons and rules;
C. When his inability to work with co-counsel will not promote the best interest of the client;
D. When the mental or physical condition of the lawyer renders it difficult for him to carry out the employment
effectively;
E. When the client deliberately fails to pay the fees for the services or fails to comply with the retainer agreement;
F. When the lawyer is elected or appointed to public office; and
G. Other similar cases.
A. Counsel de officio - One appointed or assigned by the court. (BOC pg 33)
B. Counsel de parte- One employed or retained by the party himself. (BOC pg 33)
C. Amicus Curiae – a friend of the court; a person with strong interest in or views on the subject matter of an action, but
not a party to the action. They commonly file briefs concerning matters of broad public interest. (BOC pg 33)
D. Champertous contract- This contract is void for being against public policy. One where the lawyer stipulates with his
client that he will bear all the expenses for the prosecution of the case, the recovery of things or property being claimed,
and the latter pays only upon successful litigation.
E. Retaining Lien - An attorney shall have a lien upon the funds, documents and papers of his client which have lawfully
come into his possession. Thus:
1. He may retain the same until his lawful fees and disbursements have been paid;
2. May apply such funds to the satisfaction thereof. [Sec. 37, Rule 138, RoC]
F. Practice of Law - Based on Cayetano v. Monsod, any activity, in or out of court, which requires the application of law,
legal procedure, knowledge, training and experience. It is to give notice or render any kind of service, which device or
service requires the use in any degree of legal knowledge or skill
G. IBP - National organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers. (+
purpose)
H. Quantum Meruit - “as much as a lawyer deserves”
Essential requisite: Acceptance of the benefits by one sought to be charged for services rendered under circumstances as
reasonably to notify him that lawyer expects compensation

Ambulance-chasing - Unethical practice of inducing personal injury victims to bring suits. The practice of lawyers in
frequenting hospitals and homes of the injured to convince them to go to court.