46667958 Legal Profession Reviewer

7/29/2019 46667958 Legal Profession Reviewer

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LEGAL PROFESSION REVIEWER

Chapter 1: Introduction

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. This is

thereason why legal profession is affected with

public interest.

Nature of an Attorney

- an advocate/counsel

- aids in the administration of justice

-inherent in our judicial system

- class of persons who are licensed constitutedofficers or courts of justice, and who are empowered

to appear, prosecute and/or defend someone and

on whom peculiar duties, responsibilities and

liabilities are devolved by law in consequence.

- officer of the court, advocate of justice

Legal Profession as a Subject

-introduces to a law student the ethical and moral

obligations of a lawyer to the court, to his client, to

his colleagues in the bar and to the society.

Brief History of Legal Education in the Philippines

Sources of Philippine legal education

Spain (Roman Civil Law and Canon Law US (English common law) Indo-Malayan influence (Islamic law) Code of Kalantiao

- formally began with establishment of Faculty of

Civil Law at the UST in 1733.

- 1910: UP College of Law opened with 50 Filipinoand American students.

-1964: RA 3870 created UP Law Center to conduct

continuing legal education programs. Legal research

and publications.

-1993: RA 7662 or the Legal Education Act

emphasizes on advocacy, legal counseling, ethics,

quality of law school, law curriculum etc.

- Mandatory Continuing Legal Education (MCLE)

applicable to all members of the IBP.

Chapter 2: THE STUDY OF LAW

Basic skills and qualities required in the study of

law

a. Dreams/ Ambition

-no place for half-heartedness in law school

b. Perseverance

- time management

-sacrifice

-priorities

c. Patience

Basic tool to study Law and to pass the Bar

a. Language the instrument by which we

understand, analyze and express the law.

b. Logic or Critical Analysis- accurately evaluate

certain state of facts

c. Law- keep abreast with current laws and

jurisprudence of the country

Chapter 3: Nature of the Legal Profession

I. Practice of Law is a Profession

- profession: group of men pursuing a learned art as

a common calling in the spirit of public service

- a form of public trust, the performance of which is

entrusted only to those who are qualified and who

possess good moral character.

Ideas involved in a profession

1. organization- bar associations

2. learning

3. spirit of public service

Legal profession; a privilege and right


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- privilege granted to deserving individuals,

conferred only for merit and good moral character

-membership in the bar is a privilege

burdened with conditions and carries with it the

responsibility to live up to its exacting standards and

honored traditions.

Standards of the Legal Profession

1. Independence

- a lawyer must represent his client with zeal within

the bounds of the law

2. Accessibility

- legal services must be made available to all and at

the earliest possible time.

-readiness of members to engage in public service

3. Learning

- competence and diligence

Chapter 4: Practice of Law

Definition: Practice of Law is the rendition of services

requiring the knowledge and application of legal

principles and technique to serve the interest of

another with his consent. It is not limited toappearing 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 instruments of all kinds, and the

giving of legal advice to clients. (Blacks Law)

-presupposes the existence of a client-attorney

relationship

- customary or habitual holding out oneself to the

public as a lawyer, and demanding payment for such

services. It is more than an isolated transaction.

Criteria for the practice of Law by Justice Padilla

1. habituality

2. compensation

3. application of law, legal principle, practice, or

procedure which calls for legal knowledge, training

and experience.

4. attorney-client relationship

Modern concept of practice of law

- any activity in or out of court, which requires the

application of law, legal procedure, knowledge,

training and experience.

NOT considered practice of law:

Gratuitous furnishing of legal aid to thepoor and unfortunate

Mere records of realty Ordinary preparation and drafting of legal

instruments

Clerical tasks

Chapter 5: Admission to Practice

Par.5, Sec.5, Art. VIII of the 1987 Constitution

provides that the Supreme Court has the power,

among others, to promulgate rules concerning the

protection and enforcement of constitutional rights,

pleading, practice and procedure in all courts, the

admission to the practice of law, the Integrated Bar,

and legal assistance to the underprivileged.

Limitations:

a) simplified and inexpensive procedures for speedy

disposition of cases

b) uniform for all courts of the same grade

c) shall not diminish, increase or modify substantive

rights

The Congress can enact laws regulating the practice

of law to protect the public and promote the public

welfare. But may not pass a law that will control the

SC in the performance of its function to decide who

may enjoy the privilege of practicing law.

Integration of the Bar

SC has the inherent power to integrate thePhilippine Bar

Means the official unification of the entirelawyer population of the Philippines

Requires membership and financial support


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Signifies the setting up by governmentauthority of a national organization of the

legal profession

Purpose:

1. assist in the administration of justice

2. foster and maintain high ideals of integrity,

learning, professional competence, public

service and conduct among its members

3. safeguard the professional interests of its

members

4. cultivate a spirit of cordiality and brotherhood

5. provide a forum for the discussion of law,

jurisprudence, law reform, pleading, practice

and procedure and the relations of the Bar to

the Bench and to the public, and publish

information

6. encourage and foster legal education

7. promote continuing program of legal research

8. enable the Bar to discharge its public

responsibilities effectively

Persons entitled to practice Law

Must be a member of the bar and is ingood and regular standing

Requirements for admission to the bar:

1. Filipino citizen

2. at least 21 years of age

3. of good moral character

4. a Philippine resident

5. satisfactory evidence of good moral

character

Good Moral Character:- at least common honesty

- not only a condition precedent for

admission to the profession but must

remain intact to maintain ones good

standing

Decency, truthfulness andresponsibility=moral character

Educational requirement= 4 year lawstudy

Non- Lawyers that may practice law

1. a party may conduct his litigation personally or

with the aid of a friend or agent

2. in localities with no member of the bar is

available, the MTC may assign a person, resident of

the province and of good refute for probity and

ability

3. a union representative

4. a person representing a land claimant

5. law student practice

6. representative of the government

Public officials prohibited from engaging in private

practice of law

1. judges and other officials or employees of the

court

2. officials and employees of the OSG

3. govt prosecutors

4. President, VP, cabinet members, their deputies

and assistants

5. members of Con Com

6. Ombudsman and deputies

7. governors, city and ,municipal mayors

8. those prohibited by special law

Chapter 6: Bar Examinations

Nature and Extent

1. Political law 15%

2. Labor law 10%

3. Civil law 15%

4. Taxation 10%

5. Commercial law 15%

6. Criminal law 10%


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7. Remedial law 20%

8. Legal Ethics and Practical Exercises 5%

Average grade: at least 75% in all subjectsand without failing below 50% in any

subject

Bar Examination Committee-composed ofSC Justice as chairman and 8 members of

the bar who serve as examiners in the 8

subjects.

-Bar confidant-acts as liaison between SC

and the Chairman and the individual

members of the committee

- prepares the questions

-correction of the examination papers

-give grades

-submit papers to the bar confidant

Chapter 7: Law Students Practice

Under Rule 138-1, a law student who has

successfully completed his 3rd

year of the

regular fouryear prescribed law

curriculum and is enrolled in a recognized

law schools clinical legal education

program approved by the SC, may appear

without compensation in any civil, criminal

or administrative case before any trial

court, tribunal, board or officer, to

represent indigent clients accepted by the

legal clinic of the law school.

Requirements:

1) successfully completed 3rd

year of the

regular four-year curriculum

2)must be enrolled in the clinical legal

education program

3)appearance must be pro bono

4) clients should be indigents

5) appearance must at all times be

accompanied and supervised by a

supervising attorney

Chapter 8: Duties and Privileges of a

Lawyer

1. Code of Professional Responsibility

I. The Lawyer and the Society

Canon 1: A lawyer shall uphold the

Constitution, obey the laws of the land and promote

respect for law and legal processes

II. The Lawyer and the Legal Profession

III. The Lawyer and the Courts

2. Four-fold Duties of a Lawyer

1. Duties towards the courts

2. Duties towards the society3. Duties towards his colleagues in the

profession

4. Duties to his client

3. Privileges of an Attorney

1. right and privilege to practice law during

good behavior before any judicial, quasi-

judicial or admin tribunal

2. presumption of regularity in the

discharge of functions

3. immunity from liability to third person

4. statements are absolutely privileged5. right to protest in a respectful manner

6. first grade civil service eligibility

Chapter 9: The IBP

Integration of the bar means unification of all the

lawyers in the Philippines.

Membership and financial supportChapter 10: Disciplinary Proceedings

The SC is vested with the power to suspendand/or disbar a lawyer.

Lower courts may suspend but not disbarlawyers

Disbarment- the act of the court in withdrawing

from an attorney the right to practice law.

Suspension- prohibiting an attorney from practicing

law for a certain period. (qualified disbarment)

Primary Objectives of Disbarment and Suspension

1. compel the attorney to deal fairly and honestly

with clients

2. remove from the profession a person proved to be

unfit

Common Grounds

1. deceit


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2. malpractice and gross misconduct in office

3. grossly immoral conduct

4. conviction of a crime involving moral turpitude

5. violation of oath of office

6. willful disobedience of any lawful order of a

superior court

7. corrupt or willful appearance as an attorney

The disbarment of an attorney is notnecessarily a permanent disability. He may

afterwards be reinstated on proper

application or on petition showing that he

has reformed himself.

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46667958 Legal Profession Reviewer