BLJE INTRO Flashcards
Four Fold Duties of the CPR
- To society
- To legal profession
- To the Courts
- To his or her client
Landmark case which defined the practice of law
Cayetano v. Monsod
Three principal types of legal activities:
- Legal advice and instructions
- Preparation of legal documents
- Appearance for clients before public tribunals
Four Criteria Determining the Practice of Law
- Habituality
- Compensation
- Application of law, legal principle, practice, and procedure
- Attorney-client privilege
Define habituality
repetitive, one or all of the activities
Define compensation
Implies that you must present yourself to the public and open to getting paid
Define attorney-client relationship
When someone asks for your legal advice
Give me a case summary of Ulep v. the Legal Clinic, Inc.
There was a polyclinic-esque law firm. You first get in touch with paralegals and then you get referred an attorney. It was held that the paralegals were in the unauthorized practice of law.
Give me a case summary of Feliciano v. Bautista-Lozada
A suspended lawyer was performing acts which are characteristic of the legal profession or rendering any kind of service which requires the use in any degree of legal knowledge or skill
Give me a case summary of Bongalonta v. Castillo
He used the same IBP numbers. Whether or not the respondents will be liable for using the same IBP number. The court held that the practice of law is a right but a privilege
In regarding Argosino
The practice of law is not a natural, absolute or constitutional right to be granted to everyone who demands it. A high personal privilege limited to citizens of good moral character, with special educationally qualifications, duly ascertain and certified
What was the ruling in Zamora v. Gallanosa
Lawyers should not advertise their talents as merchants advertise their wares. Dignified manner when you advertise
Who are the people entitled to practice law?
Section 1 Rule 138 of the Rule of Court: Any person who has been duly licensed as a member of the bar in accordance with statutory requirements with good and regular standing
How does one satisfy the condition of “admission to the Bar”
- Educational: must be a Filipino citizen of 21 years old. Resident of the PH and regularly study law for 4 years. Completed all prescribed courses. Undergraduate and high school graduate.
- Moral: Certificate of Good moral character, no charge with a crime, no pending case, etc.
- Passing the bar.
- Taking the Lawyer’s Oath before the Supreme Court.
- Signing in the Roll of Attorneys and receiving a certificate of license to practice.
May bar applications who graduated law from foreign jurisdictions take the Bar Examinations in the PH?
Yes, as per Bar matter 1153, which amended Sections 5 and 6 of the Rule of Court. Provided three requites:
1. Completion of all courses for JD
2/ Recognition of the law school by proper authority
3. Must complete all fourth year subjects duly recognized by the PH government
Five conditions to remain in Good and regular standing
- Remain a Member of the IBP
- Regular payment of IBP dues and Annual Professional Tax
- Faithfully observe the rules and ethics of the legal profession
- Continually subject to judicial disciplinary control
- Mandatory Continuing Legal Education (MCLE; every three years)
Public Officials prohibited to practice:
Generally government lawyers are disqualified to engage in private practice.
Rationale?
Because public office is public trust, to avoid conflict of interest
Disqualification is intended to preserve:
- Public Trust in public office
- Avoidance of conflict of interest or possibility thereof
- Assure public of impartiality thereby promoting public welfare
Two kinds of Prohibition
- Absolute
- Limited
Who are absolutely prohibited from private practice
- Judges and other officials or employees of the court
- Governors, city and municipal mayors
- President, VP, members of the cabinet and deputies and assistance
- Members of the constitutional commission
- Civil service officers and employees
Who are limitedly prohibited from Private practice?
- Members of legislature are generally prohibited from appearing as Counsel. But can give legal advice and prepare legal documents
- CSO or employee whose duty or responsibility does not require his entire time to be at the disposal of the Government
Will they be made liable for unauthorized practice?
Yes!! Punishable by fine or imprisonment or both at the discretion of the Court
When can non-lawyers practice law?
- In first level Courts, as a fried or agent of a party litigant (Section 34, Rule 138, ROC)
- Criminal proceedings in the MTC (Section 7, Rule 116, ROC) Under the assumption that no one in the community practices law.
- Students enrolled in a legal clinic (Rule 138A)
- NLRC Cases, cases before the national labor relations commissions
Limitations
- Layman must confine his work to non-adversarial contentions
- Should not undetae purely elgal work
- Services should not be habitually rendered
- Should not collect fees
Who can admit people to the Bar, causes for disciplinary action against them, or decide whether someone should be disciplined, suspended, disbarred, and reinstated
SC
Membership in the IBP
- Mandatory
- Payment
- Bar Matter 1370, Unpaid bar dues 1977-2005.
What happened in Santos vs. Llamas
Same IBP number in all of his pleadings. Argued that because he is a farmer full time and a part time lawyer, he did not have to pay fully his IBP dues
May a former Filipino citizen who opted to become a dual citizen of the PH be allowed to practice can they resume their practice of law?
Have to pledge allegiance to the Philippines
