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Practice of law means 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 perform those
acts which are characteristics of the profession. Generally, to practice law 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."

FACTORS TO DETERMINE PRACTICE OF LAW:

1. Habituality : regularly holding out himself as a lawyer


2. Compensation
3. Application of Legal Principles, Procedures, Knowledge

Moral turpitude includes everything which is done contrary to justice, honesty, modesty, or good
morals. It involves an act of baseness, vileness, or depravity in the private duties which a man owed his
fellowmen, or to society in general.

Murder, estafa, rape, violation of BP 22, bribery, bigamy, adultery, seduction, abduction, concubinage
and smuggling are considered crimes involving moral turpitude.

CONFLICT OF INTEREST TESTS:

1. WHETHER THE ACCEPTANCE OF A NEW RELATION WOULD PREVENT THE FULL DISCHARGE OF A
LAWYER’S DUTY OF UNDIVIDED FIDELITY AND LOYALTY TO THE CLIENT OR INVITE SUSPICION OF
UNFAITHFULNESS OR DOUBLE-DEALING IN THE PERFORMANCE OF THAT DUTY.
2. WHETHER A LAWYER WOULD BE CALLED UPON IN THE NEW RELATION TO USE AGAISNT A
FORMER CLIENT ANY CONFIDENTIAL INFORMATION ACQUIRED THROUGH THEIR CONNECTION
OR PREVIOUS EMPLOYMENT.

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