Legal profession 2nd discussion or law proffession

Practice of law- any activity in or out of court, which requires the application of law, legal procedure,
knowledge, training, and experience.

In the letter of UP faculty:

Teaching law is considered practice of law because the fact of their being law professor is inextricably
intertwined with the fact that they are lawyers. It made clarification into defining the practice of law
because in the case cayetano vs monsod teaching law was not considered to be practice of law but in so
far as in the letter of up law faculty it was clarified that indeed teaching in a law school or organize law
school wherever in the Philippines is considered is practice of law because the fact were being law
professors professor is inextricably intertwined with the fact that they are lawyers so basically you
cannot be a teacher or you cannot be teaching in law school without passing the bar examination so its
definitely considered practice of law. It somehow widens the concept and definition of this term.

According to justice padilla, in his dissent in Cayetano vs Monsod, the following factors are considered in
determining whether there is practice of law;

1. Habituality;- holding one self out to the public as lawyer it is more than isolated appearance for
it consists frequent or customary actions and you should regularly appeal as being a lawyer or
being in a legal profesion to be considered one so it is not only limited to single or twice
appearance as a lawyer but it is habitual. Meaning you are doing this this regularly on regular
basis
2. Application of law, legal principles, practice or procedure; - it calls for legal training, legal
knowledge, legal experience and training so basically lawyers are required to attend seminars
for their MCLE a requirement for renewal for their license.
3. Compensation- practice of law definitely implies that one must have presented himself to be the
active and continued practice of legal profession professional services. In fact there is tariff for
the notary, compensation of document, acceptant fees, establish law office the IBP of course set
the transaction which is occurs might encounters by your office.
4. Attorney-client relationship- where no relationship exist such as in cases of teachings or writing
law books that there is no practice of law. So this is what being corrected by the letter of UP
faculty. Because in the case of cayetano vs monsod it considered teaching of law as is not
considred as pracrice of law but no wit was clarified under the letter of up faculty. I fact when
your teaching experience is more than 5 years their actually exempted from MCLE yung mga
trainings and seminar required are for lawyers.

Generally, to practice law is to give advice or render any kinds of service which device or service
requires the use in any degree of legal knowledge or skill. Hence, the Supreme Court declared
that a lawyer- economist, a lawyer-manager, A lawyer-entrepreneur, and a lawyer- legislator of
both rich and poor as engaged in the practice of law. – so when you for example you pass the
bar exam, you really have the option to work in a public or in the government or in a
corporation, legal counsel, fiscal, city prosec. And different agencies in government.
 Practice of law is a privilege, not a right
The right to practice law is not a natural or constitutional right but us a privilege. It is limited to
persons of good moral character with special qualifications duly ascertained and certified. The
exercise of this privilege presupposes possession of integrity, legal knowledge, educational
attainment, and even public trust since a lawyer is an officer of the court. A BAR CANDIDATE
DOES NOT acquire the right to practice law simply by passing the bar examinations. The practice
of law is a privilege that can be withheld even from one who passed the bar examinations, if the
person seeking admission had practiced law without a license. (Aguirre v. Rana, B.M. No. 1036,
June 10,2003)
-pass the requirement
-ask the court to notary public
-higher standard of skills and knowledge
- uphold the rule of justice

LAW AS A PROFESSION, NOT A BUSINESS OR TRADE

Lawyering is not primarily meant to be a money-making venture, and law advocacy is not a
capital necessarily yields profits. Duty to public service and to the administration of justice
should be the primarily consideration of lawyers, who must subordinate their personal interests
or what they owe to themselves. (Burbe v. Magulta, A.C. No. 99-634, June 10, 2002)
-for the service you rendered to your client
-compensation proper and just
- private lawyers depend on their clients they receive
-no fix income in private practice because it varies how famous you are as a lawyer

EVERY APPLICANT FOR ADMISSIONS AS A MEMBER OF THE BAR MUST BE:

1. A citizen of the Philippines,
2. At least twenty one years of age,
3. Of Good moralcharacter, and
4. A resident of the Philippines; and
5. Must produce before the Supreme Court satisfactorily evidence of good moral character.
6. That no charges against him, involving moral turpitude, have been filed or are pending in
any court in the Philippines. ( Rules of Court, Rule 138, Sec. 2)
7. Pass the Bar examinations
8. Must have complied with the academic requirements;
9. Take the lawyers oath; and
10. Sign the Roll of attorneys.

Before 1950s or not 1960s there is no requirement to take a pre law course right after you
go to high school you can go immediately to law school but right now you have finish 1
course to take law school. You must have no pending case.