Legal Ethics Nov 12

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    Legal Ethics denotes that body of principles by which the conduct of members of the legal

    profession is controlled. It is that branch of moral science which treats of the duties which an

    attorney at law owes to his clients, to the courts, to the bar and to the public.

    It encompasses an ethical code governing the conduct of persons engaged in the practice of law

    and persons more generally in the legal sector.

    History of the Development of Ethical Standards for Lawyers 13th and 14th century: Requirement of the lawyers oath and the statement of his duties1917: The Philippine Bar adopted, as its own, Canons 1 to 32 of the Canons of Professional

    Ethics of the American Bar Association. 1946: It again adopted, as its own, Canons 33 to 47 of

    the Canons of Professional Ethics of the American Bar Association 1980: The Integrated Bar of the Philippines adopted a proposed Code of Professional

    Responsibility which it later submitted to the Supreme Court for approvalJune 21, 1988: The Supreme Court promulgated the Code of Professional Responsibility. The

    Code consists of 22 Canons and 77 Rules, which are divided into 4 chapters namely:(1) The Law and Society;

    (2) The Lawyer and the Legal Profession;

    (3) The Lawyer and the Courts; and(4) The Lawyer and the Clients.The Code is binding upon all lawyers and failure to live up to any of its provision is a ground for

    disciplinary action.

    A lawyer is one who:1. passed the bar exams2. taken an oath3. registered in the roll of attorneys 4. received a certificate of license to practice law from the Clerk of Court of the Supreme Court.

    http://en.wikipedia.org/wiki/Ethical_codehttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/Practice_of_lawhttp://en.wikipedia.org/wiki/Ethical_code
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    After Admission he or she must:1. remain an IBP member in good standing by regularly paying IBP dues and other assessments2. pay annual privilege tax3. observe the rules on proper ethics

    REQUIREMENTS FOR ADMISSION TO THE BAR:1. Citizen of the Philippines2. Resident of the Philippines3. At least 21 years old4. must successfully complete all prescribed courses5. Production before the Supreme Court satisfactory evidence of:a. Good moral characterb. No charges against him, involving moral turpitude, have been filed or are pending in any court

    in the Philippines.PRACTICE OF LAWmeans any activity, in our out of court, which requires the application of law, legal procedure,

    knowledge, training, and experience. It is to give notice or render any kind of service, which

    device or service requires the use in any degree of legal knowledge or skill.

    CAN NON-LAWYERS PRACTICE LAW?Yes, provided the appearance is not habitual, without compensation but subject to the following:Non-lawyers authorized to appear in court:1.Cases before the MTCParty to the litigation,in person OR through an agent or friend or

    appointed by him for that purpose (Sec. 34, Rule 138, RRC)2.Before any other courtParty to the litigation,in person (Ibid.)3. Criminal case before the MTC in a locality where a duly licensed member of the Bar is

    not availablethe judge may appoint a non-lawyer who is:a. Resident of the province

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    b. Of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7,RRC).4. Legal Aid ProgramA senior law student, who is enrolled in a recognized law schools

    clinical education program approved by the Supreme Court may appear before any court without

    compensation, to represent indigent clients,accepted by the Legal Clinic of the law school.The student shall be under the direct supervision and control of an IBP member duly accredited

    by the law school.5. Before the NLRC or any Labor Arbiter if:a. They represent themselves, or

    b. They represent their organization or members thereof(Art 222 of the Labor Code, PO 442, as amended).6. Before the Cadastral Courtunder the Cadastral Act, a non-lawyer can represent a

    claimant (Act 2259, Sec. 9).

    Integrated Bar of the Philippines: Fundamental Objectives1 To elevate the standards of the legal profession; 2 To improve the administration of justice;3 To enable the Bar to discharge its public responsibility more effectively.