Continuation

Chapter 2
Practice of Law
Fariola, Lea Gabrielle M.
Most familiar role
 Concept of laymen - The appearance in a litigation

 General practitioners who do both litigation and non-

litigation find themselves spending more time doing
business counseling than trying cases

The Business Lawyer – The planner and diagnostician

The Trial Lawyer – The surgeon
What is Private Practice
An individual or organization engaged in
the business of delivering legal services

Cayetano vs. Monsod

G.R. No. 100113; September 3, 1991
Business Organization
Sole practitioners 1

Partnership/Firms 2 or more

Corporation Not allowed

Ulep v. Legal Clinic, Inc. 223
SCRA 378; June 17, 1993
SECRET MARRIAGE?
PhP560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
Please call THE LEGAL CLINIC INC.
8:30 AM – 6:00 PM
7-Flr Victoria Bldg., UN Ave., Mla
Who are entitled to engage
in the practice of law
Any person heretofore duly admitted as a
member of the bar;
Or hereafter admitted; and
Good and regular standing (Sec 1, ROC Rule 138)

Purpose
Paralegal Services
Practice of law? YES

Examples:
Student who completed 3L of the regular 4-
year curriculum
A person resident of the province and of good
repute for probity and ability who is appointed
as counsel de officio to defend localities where
no available members of the bar
Retainer
General Retainer

Special Retainer
Solicitation
When proper?
Compatible with the dignity of the legal profession

“Marriage specialist. Annulment in

less than one year…”
Atty. Khan, Jr. v. Atty. Simbillo; A.C. No. 5299 August 19, 2003
Solicitation
Best advertising
A well-merited reputation

Exceptions to the rules against advertising

Publication in a reputable law list
Ordinary simple professional card
Simple announcement of opening
Telephone directory
 Contingent Contract
An agreement whereby the fee, usually a fixed
percentage of what may be recovered, is made
to depend on the success of the action

Is it valid?
YES

Law firm of Raymundo Armovit v. CA; G.R. 90983,

G.R. 154559; October 5, 2011
Atty-Client Relationship
Burbe vs. Atty. Magulta; A.C. No. 5713; June 10,
2003
Facts
Issue: Was there an attorney-client relationship
forged despite the nonpayment of the fees for
service?
Held: YES
Court
Presumption of a lawyer’s authority to appear for
a client if he appears in court

May a defendant file a counterclaim against the

lawyer of the plaint?
No. Any claim for damages and other causes of
action should be filed in an entirely separate and
distinct civil action
Suspension
If a lawyer is suspended, can he hold any
position in the government? No
Solicitor General
Appearing for one government agency against
the interest of another government agency;
cause for disqualification?
No.
Appearing for a public official at any stage of a
criminal case
No.
Municipal Judges
May engage in notarial work
GR: No
Exception: Notaries public ex officio

Macias v. Pacana; A.M. No. 3048; June 3, 1991