Legal Profession Notes

Legal Profession Notes
I. Introduction to Legal Profession

a. Definitions
1. Legal Profession - The legal profession is a branch of the administration of justice whose main purpose is to aid
in the doing of justice according to law between state and the individual and between man and man. Art. 152 of
RPC states that lawyers, in performance of duties, shall be deemed persons in authority.
2. Attorney - sometimes called counsel or advocate, is the aid in administration of justice.
3. Practice of Law - Attorney-at-law is a person acting professionally in legal formalities, negotiations or
proceedings, by warrant or authority of his client
b. Nature of the Legal Profession

1. Practice of Law is a Profession - it is a form of public trust, entrusted to thosee who are qualified and possess
good moral character. Its basic ideal of public service and secure justice to those who seek its aid.
2. Three Ideas involved in a Profession
i. Organization - Bar Associations
ii. Learning - Learned formally, historically, socially
iii. Spirit of Public Service - exercise powers beneficial to mankind
3. It is a Privilege and Right - Privilege to those who have exacting standards of mental and moral fitness. A lawyer
cannot be prevented from practicing law except upon valid cause and only after affording him due process.
4. Standards
i. Independence - Get out of the experience. Loyalty to his client within the bounds of honor.
ii. Accessibility - A competent lawyer as part of its duty to make its services available.
iii. Learning - Learned and have knowledge of the practice
c. History of Legal Profession

1. The sources of Philippine legal education are:
i. Spain - which gave the Roman Civil Law and Canon Law
ii. United States - which is the forerunner of English common law
iii. Indo-Malayan influence - shared Islamic Law
iv. Code of Kalantiao - pre-hispanic codified law in the Philippines.
2. In 1911, the only educational requirements for a law profession was a highschool degree and a three year law
course.
3. In 1960, Sec 6 of Rule 138 of the Rules of Court increased the pre-req to a four year bachelor’s degree and a law
course to four years of legal studies.
d. Nature of an “Attorney”
1. A class of person who are by license constituted officers of courts of justice empowered to appear, prosecute,
and/or defend someone
2. A lawyer is an officer of the court. He should dissociate himself from the facts of the case and keep himself
beyond the influences of the litigants simply because his primary purpose is to stand by the truth.
3. His business is to carry on the practical and formal parts of the suit, to the best of his ability, to help clarify
matters, and proclaim what is right.
4. He is duty bound to be true to the court and to his client.
e. Distinction between the Legal Profession and Business

Unlike in business, law profession’s paramount concern is to obtain justice in the most efficient and effective manner. The
practice of law differs from a trade or business because the primary purpose of the latter is economic gain or profit. While in a
legal profession, gaining profits is merely incidental.
II. Practice of Law

a. Definition
1. It is incapable of exact definition
2. It usually involves the carrying on oof the calling of an attorney, usually for compensation, acting in a
representative capacity and rendering service to another.
3. Black’s Law Definition
i. It is the rendition of services requiring the knowledge and the application of legal principles and
technique to serve the interest of another with his consent.
ii. It is not limited to appearing in court or advising or assisting in the conduct of litigation, but
embraces the preparation of pleadings, and other papers incident to actions and special
proceedings, conveyancing, the preparation of legal documents of all kinds, and the giving of legal
advice to clients.
4. Practice of Law presupposes the existence of an attorney-client relationship.
5. Criteria in the case of Cayetano v Monsod
i. Habituality
ii. Compensation - public service are available to the public for compensation
iii. Application of Law
iv. Attorney-client Relationship
b. Admission to Practice of Law

1. Supervision and Control - The authority to decide who may be admitted to the bar naturally and logically
belongs to the judiciary represented by the Supreme Court in view of the nature of its judicial function and in the
role played by attorneys in the administration of justice. Par 5, Sec 5, Art. 18 of Constitution.
2. Integration of the Bar - promulgate rules concerning pleading, practice and procedure in all courts and the
admission to the practice of law.
c. Qualifications
1. Continued Possession of Good Moral Character
d. Who may Practice Law? (Bar Passer)

1. Citizen of the Philippines
2. At least 21 yo
3. Of good moral character (GMC)
4. Resident of the Philippines
5. Produce before SC satisfactory evidence of GMC and no charges against him have been filed or are pending in
any courts of the Philippines.
e. Practice of law by Non-Lawyers

1. Allowed limited representation on behalf of another:
i. A party may conduct his litigation personally or with the aid of a friend or agent appointed by him for
that purpose. Such is allowed only before MTC.
ii. Duly licensed member of Bar is unavailable, MTC may admit or assign a person resident of the
province who has good refute for probity and ability to aid the defendant.
iii. Union Representative representing in NLRC
iv. Person representing a land claimant in cadastral court
v. Law student as permitted by the rules
vi. Authorized to represent the government
f. Public Officials and Practice of Law

1. Public Officials Who Cannot Practice Law (Private Practice)
i. Judges and employees of the court
ii. Officials and employees of OSG
iii. Government prosecutors
iv. Pres, V pres, Members of the cabinet, their deputies and assistants
v. Members of Constitutional Commission
vi.Ombudsman and his deputies
vii. Governors and Mayos
viii. Those who are prohibited from engaging in practice (by special laws)
2. Public Officials with Restrictions in the Practice of Law
i. Senators
ii. House of Representative Members
iii. Sanggunian members
g. Proceedings where lawyers are prohibited from appearing

1. Small Claims Cases
2. Katarungang Pambarangay - person must appear in person w/o assistance of counsel or representative except for
minors and incompetents who may be assisted by their next of kin who are not lawyers.
h. Sanctions for Persons Not Lawyers and Lawyers without Authority

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Legal Profession Notes

I. Introduction to Legal Profession

b. Nature of the Legal Profession

c. History of Legal Profession

e. Distinction between the Legal Profession and Business

II. Practice of Law

b. Admission to Practice of Law

d. Who may Practice Law? (Bar Passer)

e. Practice of law by Non-Lawyers

f. Public Officials and Practice of Law

g. Proceedings where lawyers are prohibited from appearing

h. Sanctions for Persons Not Lawyers and Lawyers without Authority

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