II. Practice of Law - Notes - SAMPANA

Practice of law, defined.
Rendition of services requiring the knowledge and the application of legal principles and technique to serve the
th
interest of another with his consent. (Black’s Law Dictionary, 5 Ed.)
CLASSICAL CONCEPT
Carrying on the calling of an attorney, usually for compensation, acting in a representative capacity and
rendering service to another. (People vs. Villanueva, 14 SCRA 109)
In the dissenting opinion of Justice Padilla in the case of Cayetano vs. Monsod (G.R. No. 100113, September 3,
1991), the following criteria were enumerated:
1. Habituality
Practice is more than isolated appearance, for it consists in frequent or customary action, a
succession of acts of the same kind, a habitual exercise.
2. Compensation
Practice of law implies that one must have presented himself in the active practice and that his
professional services are available to the public for compensation, as a source of his livelihood
or in consideration of his services.
Charging for services such as preparation of documents involving the use of legal knowledge and
skill is within the term of practice of law
One who renders an opinion as to the proper interpretation of the statute and receives pay for it is
practicing law
3. Application of law
Application of legal principle, practice, or procedure which calls for legal knowledge, training and
experience is within the term “practice of law”.
4. Attorney-client- relationship
When a lawyer undertakes an activity which requires the knowledge of law but involves no
attorney-client relationship, such as teaching law or writing law books or articles, he cannot be said
to be engaged in practice of his profession as a lawyer
Giving of legal advice for compensation regarding the legal status and rights of another and one’s
conduct with re spect thereto constitutes practice of law
Providing information about foreign laws on marriage, divorce and adoption which entails explaining to
the client the intricacies of the law and advising him or her on the proper course of action falls squarely
within the jurisprudential definition of the practice of law
MODERN CONCEPT
Any activity, in and out of the court, which requires the application of law, legal procedure, knowledge, training
and experience. To engage in the practice of law is to perform those acts which are characteristics of the
profession. (Cayetano vs. Monsod, 201 SCRA 210)
Following Acts fall within the ambit of “practice of law”:
1. Lawyers teaching law subjects

2. Exercise of the powers and function of a public office, which involves administering oaths and affirmations,
and investigating human rights complaints.
3. Suspended lawyers acting as attorney-in-fact pursuant to a Special power of Attorney and appeared during
public auction to protect the interest of his winning client FOR PAYMENT OF JUDGMENT AWARD.
4. Filing pleadings and appearing before courts.
CAYETANO VS. MONSOD CASE
Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having been
engaged in the practice of law for at least ten years. After graduating from College of Law and passing the bar he worked as:
- Worked in a law office of his dad
- Operations Officer in the World Bank
o 2 years/ Acquainted with the laws of member-countries, negotiating loans and coordinating legal and
economic projects
- Chief Executive Office in Meralco
- Secretary-General and National Chairman of NAMFREL.
ISSUE:
WON, with respondent’s work experience, he is deemed to have satisfied the requirement of 10 years in practice of law
HELD:
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 proceeding, the management of such actions and proceedings on behalf of
clients before judges and courts, and in addition, conveying.
The contention that Atty. Monsod does not posses the required qualification of having engaged in the practice of law for at
least ten years is incorrect since Atty. Monsod’s past work experience as a lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both rich and the poor – verily more than
satisfy the constitutional requirement for the position of COMELEC chairman, The respondent has been engaged in the
practice of law for at least ten years does In the view of the foregoing, the petition is DISMISSED.
Dissenting Opinions on Cayetano vs Monsod
Justice Padilla
• Not just mere possession of knowledge
• Active, habitual and customary action
• Doctor of medicine performing habitually as nursing aide is not in the “practice of medicine”
Justice Cruz
• Uncomfortable that one need not be a lawyer to engage in the practice of law
• Stock broker and insurance adjuster and the realtor may fall under this definition
• A lawyer must earn from his profession
• Possible exception is a lawyer teaching ballroom dancing or escorting wrinkled ladies with pubescent
pretensions
Justice Gutierrez
“A person may have passed the bar examinations but if he has not dedicated his life to the law, if he has not
engaged in an activity where membership in the bar is a requirement, I fail to see how he can claim to have been
engaged in the practice of law.”
NOT considered as Practice of Law:
• Gratuitous furnishing of legal aid to the poor and unfortunates who are in pursuit of any civil remedy
• Mere records of realty to ascertain what they may disclose without giving any opinion or advice as to legal
effects of what they may be found
• Ordinary preparation and drafting of legal instruments which does not involve the
determination by a trained legal mind of the effects and conditions
• If works involve clerical labor of filling in the blanks or a mere mechanical act of copying from a file copy
or finished document which involved no legal thing.
Legal remedies for unauthorized practice of law:

1. Injunction
2. Declaratory relief
3. Contempt of court
4. Disqualification or complaints for disbursement
Importance of Knowing What Practice of Law is
1. To determine whether by the services render by one, a client-lawyer relationship has been
established so as to entitle a lawyer to the payment of his fees
2. May be the basis of filing an action for usurpation of official functions against one who, not being a
member of the bar duly licensed to practice law by the Supreme Court, represents himself as a
lawyer to the public and performs acts pertaining to a lawyer by means of deception to the prejudice
of the bar, the public as well as the administration of justice
3. There are legal remedies available for unauthorized practice of law to include injunction, declaratory
relief, contempt of court, or disqualification and complaints for disbarment.
4. A criminal complaint for estafa may be filed against a person who falsely represented to be an
attorney to the damage of a party
Alawi vs. Alauya Case

- An executive clerk of court of the 4th Judicial Sharia District in Marawi City, used the title of Attorney.
- Persons who passed the Shari’a Bar are not full-fledged members of the pH bar. They can only practice in
the Shari’a Courts
Beltran Jr vs Abad Case

- Bar passer caught in unauthorized practice of the bar.
- Signing the Roll of Attorneys makes one a full-fledged lawyers
Aguirre vs. Rana

- Respondent was denied of admission to the bar notwithstanding that he passed the bar
- Already appeared as counsel
- Signing the Roll of Attorneys makes one a full-fledged lawyers

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II. Practice of Law - Notes - SAMPANA

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Practice of law, defined.

Following Acts fall within the ambit of “practice of law”:

1. Lawyers teaching law subjects

CAYETANO VS. MONSOD CASE

Dissenting Opinions on Cayetano vs Monsod

Legal remedies for unauthorized practice of law:

Importance of Knowing What Practice of Law is

Alawi vs. Alauya Case

Beltran Jr vs Abad Case

Aguirre vs. Rana

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