Legal Ethics (Definition) Flashcards
What is Legal Ethics
is a branch of moral science, which treats of the duties which an attorney owes to the court, to the client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibility, Canons of Professional Ethics, jurisprudence, moral laws and special laws.
Original Bases of Legal Ethics:
Canons of Professional Ethics
Supreme court Decisions
Statistics
Constitution
Treatises and publications
Present Basis of the Philippine Legal System:
Code of Professional Responsibility.
BAR V. BENCH
BAR– Refers to the whole body of attorneys and body of judges.
BENCH– denotes the whole body of counselors, collectively the members of
the legal profession.
Practice of Law
any activity, in or out of court which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give notice or render any kind of service, which or devise or service requires the use in any degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).
Attorney-at-law/Counsel-at-law/Attorney/Counsel/ Abogado/Boceros:
that class of persons who are licensed officers of the courts, empowered to appear prosecute and defend and upon whom peculiar duties, responsibilities, and liabilities are developed by law as a consequence(Cui v. Cui, 120 Phil. 729).
Attorney in fact
an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessarily a lawyer.
Counselde Oficio
a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused.
Note:In localities where members of the Bar are not available, the court may appoint any person, resident of the province and good repute for probity and ability, to defend the accused.Sec. 7, Rule 116, Rules of Court.
Attorneyad hoc–
a person named and appointed by the court to defend an absentee defendant in the suit in which the appointment is made (Bienvenu v. Factor’s of Traders Insurance Cp., 33La.Ann.209)
Attorney of Record –
one who has filed a notice of appearance and who hence is formally mentioned in court records as the official attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made.
(Reynolds v. Reynolds,Cal.2d580).
Of Counsel –
to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel” (5 Am. Jur. 261).
Lead Counsel –
The counsel on their side of a litigated action who is charged with the principal management and direction of a party’s case.
House Counsel –
Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.
Bar Association
an association of members of the legal profession.
Advocate
The general and popular name for a lawyer who pleads on behalf of someone else.
Who has the power to control Admission to the Practice of Law
The Supreme Court has the power to control and regulate the practice of law. Thus, the Constitution, under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) 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 under privileged.
The Supreme Court acts through a Bar Examination Committee in the Exercise of his judicial function to admit candidates to the legal profession.
The Bar Examination Committee Composition
Composed of (1) member of the Supreme Court who acts as Chairman and eight (8) members of the bar.
The 8 members act as examiners for the 8 bar subjects with one subject assigned to each.
The Bar Confidant acts as a sort of liason officer between the court and the Bar Chairman on the other hand, and the individual members of the committee on the other. He is at the same time a deputy clerk of court.
Admission of examinees is always subject to the final approval of the court.
Requirement of Good Moral Character:
a continuing requirement; good moral character is not only a condition precedent for admission to the legal profession, but it must also remain intact in order to maintain one’s good standing in that exclusive and honored fraternity. (Tapucar vs. Tapucar, 1998)
Academic Requirements for Candidates:
a bachelor’s degree in arts and sciences (pre-law course) a completed course in: civil law commercial law remedial law public international law private international law political law labor and social legislation medial jurisprudence taxation legal ethics
Non-lawyers who may be authorized to appear in court:
1.Cases before the MTC: Party 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 court: Party 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 available: the judge may appoint a non-lawyer who is:
resident of the province
of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC).
4.Legal Aid Program – A senior law student, who is enrolled in a recognized law school’s 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.
- Under the Labor code, non-lawyers may appear before the NLRC or any Labor Arbiter, if
- they represent themselves, or if
- they represent their organization or members thereof (Art 222, PO 442, as amended).
Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act no. 2259, Sec. 9).
Public Officials who cannot engage in the private practice of Law in the Philippines:
Judges and other officials as employees of the Supreme Court (Rule 148, Sec. 35, RRC).
Officials and employees of the OSG (Ibid.)
Government prosecutors (People v. Villanueva, 14 SCRA 109).
President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987 Constitution).
Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
Those prohibited by special law
Public Officials with Restrictions in the Practice of Law:
- No Senator as member of the House of representative may personally appear as counsel before any court of justice as before the Electoral Tribunals, as quasi-judicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution).
- Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members may practice their professions provided that if they are members of the Bar, they shall not:
- appear as counsel before any court in any civil case wherein a local government unit or any office, agency, or instrumentality of the government is the adverse party;
- appear as counsel in any criminal case wherein an officer or employee of the national or local government is accused of an offense committed in relation to his office;
- collect any fee for their appearance in administrative proceedings involving the local government unit of which he is an official;
- use property and personnel of the government except when the Sanggunian member concerned is defending the interest of the government.
3.Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension from the government, cannot act as counsel in any civil case in which the Government, or any of its subdivision or agencies is the adverse party or in a criminal case wherein an officer or employee of the Government is accused of an offense in relation to his office.
Attorney’s Oath:
“I, __________________, do solemnly swear that I will maintain allegiance to the Republic of the Philippines; I will support its constitution and obey the laws as well as the legal orders of the duly constituted authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not willingly nor wittingly promote or sue any groundless, false or unlawful suit, or give aid nor consent to the same; I will delay no man for money or malice, and will conduct myself as a lawyer according to the best of my knowledge and discretion, with all good fidelity as well to the court as to my clients; and I impose upon myself this voluntary obligations without any mental reservation or purpose of evasion. So help me God.” (Form 28, RRC)
Nature of Lawyer’s Oath
The lawyer’s oath is not mere facile words, drift and hollow, but a sacred trust that must be upheld and kept inviolable. (Sebastian vs. Calis, 1999)
It is NOT a mere ceremony or formality for practicing law. Every lawyer should at all times weigh his actions according to the sworn promises he made when taking the lawyer’s oath. (In Re: Argosino, 1997, In Re: Arthur M. Cuevas, 1998).
