Notes On Legal Ethics

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August 25, 2023

Ethics – ethikos

Morality – latin moralitas manner character or proper behavior


- Body of standards or behavior

First rule of Morality


Doing what is good and avoiding what is evil

Importance of ethics
 Serve as a basis for rules of profession without it impossible to set standard.
 Medical doctors follow certain standards (Hippocratic oath)

Definition of legal ethics – embodiment of

Significance of legal ethics


 Raise standard of legal profession
 Assist in keeping and maintenance of law
 Basis of weeding out the unfit in legal profession

Sources of legal ethics


Constitution
Rules of court
Jurisprudence
Moral laws, special laws

Code of Professional Responsibility (CIPRA – newer version)

Lawyer – a person learned with the law

No exact definition of Practice of Law.

Giving legal advice


Giving instructions to clients
Preparation of documents (e.g. Notary Public)
Appearance of clients before the court

Law one of great healing professions


Steve Ke
Doctor heals physical ailments
Clergyman heals the soul
The lawyer heals societal ills
 G.R. No. 217910, September 03, 2019 ]

JESUS NICARDO M. FALCIS, III, PETITIONER, V. CIVIL REGISTRAR GENERAL,


RESPONDENT.

A.C. No. 5900

RE: ANONYMOUS COMPLAINT AGAINST ATTY. CRESENCIO P. CO UNTIAN, JR.,  

Legal Ethics, Pineda, Ampalo

Criteria for the Practice of Law


1. Habituality – it implies customary holding / isolated appearance
2. Compensation – it implies that one must have presented
3. Application of Law/ legal principles, practice of procedure which calls for legal knowledge and
experience
4. Attorney-client relationship – engaging in a practice of law presupposes attorney – client
relationship

Nature of Practice of law

Practice of law not a matter of right but privilege bestowed on individuals who are not only
learned but who possess good moral character

IT cannot be assigned. You have an assigned roll in the roll of attorneys. MCLE – every three
years. Changed. PTR, changed every year.

A profession not a business.

Regulations in the practice of Law


Sec 5 par 5 art 8 .
Supreme Court regulates shall have the power to promulgate on the rules concerning….

Bar flunkers act of 1953

Resolution             March 18, 1954

In the Matter of the Petitions for Admission to the Bar of Unsuccessful Candidates of 1946 to
1953;
ALBINO CUNANAN, ET AL., petitioners.
Requirement of Philsat. Declared unconstitutional And requirement of LLM to teacher in
College of Law around 2019-2020

Requirements to take bar – finishing all the subjects in JD or LLB and taking CLEP

Requirements for the admission to the bar


Requirements for admission to the Bar:
1 Citizen of the Philippines
2 At least 21 years old
3 Of good moral character
4. Resident of the Philippines
5. Production before the Supreme Court satisfactory evidence of:
a. Good moral character
b. No charges against him, involving moral turpitude, have been filed or are pending in any
court in the Philippines.

Moral turpitude - Anything contrary to justice, honesty, or it refers to vileness of one’s character

R.A. 9165 (about drugs)

R.A. 9225 –

NEXT MEETING TOPICS

PROHIBITION AND LIMITATION IN THE PRACTICE OF LAW –


APPEARANCE OF NON-LAWYERS
CORPORATION
PUBLIC OFFICIALS

10 CASES ASSIGNMENT (TO BE SUBMITTED NEXT WEEK)

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