Preliminaries

Question 1

Definition

Answer 1

o Body of all principles of morality 
and refinement that should 
govern the conduct of every 
member of the bar.
o ―Living spirit of the profession.
o Branch of moral science which 
treats of duties which an attorney 
owes to the court, to his client, to 
his colleagues, and to the public.

Question 2

Character of ‘Law’

Answer 2

The law is not a trade nor a craft but a

profession.

Question 3

Basic Ideal of the Legal Profession

Answer 3

Its basic ideal is to render public service
and secure justice to those who seek its
aid.

Question 4

Challenge

Answer 4

Obligation not an easy task due to
commercialism in all fields of human
endeavor.

Question 5

Must have to fulfill the Obligation

Answer 5

1. Professional standards be 
constantly inculcated among 
lawyers.
2. ―Manual of equipment‖ – rules 
and ethics of the profession 
collated, readily available to 
every attorney.

Question 6

Sources of Legal Ethics

Answer 6

a. Constitutional provisions
(Art. VIII, Sec. 5.5; Sec. 1, Art. XI)
b. Code of Professional Responsibility
c. Code of Conduct and Ethical Standards for Government Officials and Employees (RA 6713)
d. Canons of Judicial Conduct, 2004 New Code of Judicial Conduct
e. Canons of Professional Ethics
f. Canons of Judicial Ethics
g. Revised Rules of Court, Rules 137 to 140
h. Supreme Court Decisions

Question 7

Distinct Characteristics from Business

Answer 7

1. A duty of public service.
2. A relation, as an ―officer of the court‖, to the administration of justice involving thorough sincerity, integrity and reliability.
3. A relation to clients with the highest degree of fiduciary
4. A relation to the colleagues at the bar characterized by candor, fairness and unwillingness to resort to current business methods of advertising and encroachment on
   their practice, or dealing directly with their clients.

Question 8

Terms used to describe a member of the legal profession

Answer 8

o Lawyer, Attorney, or Attorney-At Law.
o Advocate, Barrister, Counsel or 
Counselor.
o Proctor, Solicitor.
o Spanish: Abogado.
o Filipino: Manananggol.

Question 9

o An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.
o Implies freedom of choice either on the attorney or the litigant.

Answer 9

Counsel de parte

Question 10

o Attorney appointed by the court.
o To defend an indigent defendant
in a criminal action.
o To represent a destitute party.

Answer 10

Counsel de oficio

Question 11

o Attorney whose name, together with his address, is entered in the record of the case as the designated counsel of the party litigant.
o To whom judicial notices are sent.

Answer 11

Attorney of record

Question 12

An experienced lawyer, who is usually a retired member of judiciary employed by law firms as consultant

Answer 12

Lawyer “of counsel”

Question 13

o An experienced and impartial 
attorney invited by the court to 
appear and help in the disposition 
of issues submitted to it.
o It implies friendly intervention of 
counsel to call the attention of 
the court to some matters of law 
or facts which might otherwise 
escape its notice and in regard to 
which it might go wrong.
o Appears in court not to represent 
any particular party but only to 
assist the court.

Answer 13

Amicus Curiae

Question 14

Bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it.

Answer 14

Amicus Curiae par excellence

Question 15

The term used for the Legal Profession

Answer 15

Bar

Question 16

The term used for the Judiciary

Answer 16

Bench

Question 17

One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a
suit in his behalf and usually for a fee.

Answer 17

Client

Question 18

This is the general term for a person trained in the law and authorized to advice and represent others in legal matters

Answer 18

Lawyer

Question 19

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.

Answer 19

Attorneys-At-Law

Question 20

An agent whose authority is strictly limited by the
instrument appointing him. His authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not necessarily a lawyer.

Answer 20

Attorney in fact

Question 21

An association of members of the legal profession like the IBP where membership is integrated or compulsory.

Answer 21

BAR ASSOCIATION

Question 22

One who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.

Answer 22

House Counsel

Question 23

The counsel on either side of a litigated action who is charged with the principal management and direction of a party’s case, as distinguished from his juniors or
subordinates.

Answer 23

Lead Counsel

Question 24

One engaged in the practice of law who by license are officers of the court and who are empowered to appear, prosecute and defend a client’s cause.

Answer 24

Practicing Lawyer

Question 25

An appearance by a lawyer in his own behalf.

Answer 25

Pro Se

Question 26

One who personally handles cases in court, administrative agencies of boards which mean
engaging in actual trial work, either for the prosecution or for the defense of cases of clients.

Answer 26

Trial Lawyer