Professional Documents
Culture Documents
LEGAL-ETHICS Terms
LEGAL-ETHICS Terms
LEGAL-ETHICS Terms
the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court,
the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special
laws.
Original Bases of Legal Ethics:
1. Canons of Professional Ethics
2. Supreme court Decisions
3. Statistics
4. Constitution
5. Treatises and publications
Present Basis of the Philippine Legal System: Code of Professional Responsibility.
BAR V. BENCH
BAR – Refers to the whole body of attorneys and body of judges.
BENCH – denotes the whole body of counselors, collectively the members of
Practice of Law – any activity, in or out of court which requires the application of law, legal procedure,
knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of
service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v.
Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros: that class of persons who are licensed
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 (Cui v. Cui, 120 Phil. 729).
Attorney in fact – an agent whose authority is strictly limited by the instrument appointing him, though he may
do things not mentioned in his appointment necessary to the performance of the duties specifically required of
him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a
lawyer.
Counsel de Oficio – a counsel, appointed or assigned by the court, from among members of the Bar in good
standing who, by reason of their experience and ability, may adequately defend the accused.
Note: In localities where members of the Bar are not available, the court may appoint any person, resident of the
province and good repute for probity and ability, to defend the accused. Sec. 7, Rule 116, Rules of Court.
Attorney ad hoc – a person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33 La.Ann.209)
Attorney of Record – one who has filed a notice of appearance and who hence is formally mentioned in court
records as the official attorney of the party. Person whom the client has named as his agent upon whom service
of papers may be made.
(Reynolds v. Reynolds, Cal.2d580).
Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5
Am. Jur. 261).
Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and
direction of a party’s case.
House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not
as an independent lawyer.
Bar Association – an association of members of the legal profession.
Advocate – The general and popular name for a lawyer who pleads on behalf of someone else.
Barrister (England) – a person entitled to practice law as an advocate or counsel in superior court.
Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business
correspond to those of an attorney at law or solicitor in Chancery.
Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Laws but membership
in the Bar after due admission thereto, qualifying one for the practice of law.
Admission to the Practice of Law
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.
Practice of Law
The practice of law is a privilege granted only to those who possess the STRICT INTELLECTUAL AND MORAL
QUALIFICATIONS required of lawyers who are instruments in the effective and efficient administration of justice.
(In Re: Argosino, 1997).
Requirements for admission to the Bar:
1. citizen of the Philippines
2. at least 21 years old
3. of good moral character
4. Philippine resident
5. Production before the supreme court satisfactory evidence of:
1. good moral character
2. no charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.
Requirement of Good Moral Character: a continuing requirement; good moral character is not only a condition
precedent for admission to the legal profession, but it must also remain intact in order to maintain one’s good
standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
CANON 2 – A lawyer shall make his legal services available in an efficient and
convenient manner compatible with the independence, integrity and
effectiveness of the profession.
Rule 2.01 – A lawyer shall not reject, except for valid reasons, the cause of the defenseless or oppressed.
Rule 2.02 – In such a case, even if a lawyer does not accept a case, he shall not refuse to render legal advise
to the person concerned if only to the extent necessary to safeguard latter’s rights.
Rule 2.03 – a lawyer shall not do or permit to be done any act designed primarily to solicit legal business.
• Primary characteristics which distinguish the legal profession from business;
1. duty of service, of which the emolument is a by product, and in which one may attain the highest
eminence without making such money;
2. a relation as an ‘officer of court’ to the administration of justice involving thorough sincerity, integrity
and reliability;
3. a relation to clients in the highest degree of fiduciary;
4. 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 with their
clients.
• Defenseless – not in the position to defend themselves due to poverty, weakness, ignorance or other
similar reasons.
• Oppressed – victims of acts of cruelty, unlawful exaction, domination or excessive use of authority.
Rule on Advertisements
• General Rule: No advertisements allowed. The most worthy and effective advertisement possible is the
establishment of a well-merited reputation for professional capacity and fidelity to trust.
Lawyers may not advertise their services or expertise nor should not resort to indirect advertisements for
professional employment, such as furnishing or inspiring newspaper comments, or procuring his photograph to be
published in connection with causes in which the lawyer has been engaged or concerning the manner of their
conduct, the magnitude of the interest involved, the importance of the lawyer’s position, and all other self-
laudation.
Sec 3. Corrupt practice of Public Officers. In addition to acts or omission of public officers already penalized by
existing law, the following shall constitute corrupt practice of any public officer and are hereby declared to be
unlawful:
(d) accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after termination.
Section 7 (b) of RA 6713 prohibits officials from doing any of the following acts:
1. own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent,
trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless
expressly allowed by law.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation
from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot
practice his profession in connection with any matter before the office he used to be with, in which case the one
year prohibition shall likewise apply.
• Lawyers in the government service are prohibited to engage in the private practice of their profession
unless authorized by the constitution or law, provided that such practice will not conflict or tend to
conflict with their official functions.
• Misconduct in office as a public official may be a ground for disciplinary action (if of such character as to
affect his qualification as lawyer or to show moral delinquency).
• Should recommend the acquittal of the accused whose conviction is on appeal, IF he finds no legal basis
to sustain the conviction.
• Includes restriction is representing conflicting interest (e.g. Accepting engagements vs. former
employer, PNB)
• The OSG is not authorized to represent a public official at any state of a criminal case.