LEGAL PROFESSION REVIEWER Chapter 1: Introduction Legal Profession is a branch of the administration of justice whose main purpose is to aid

in the doing of justice according to law between state and the individual and between man and man. This is thereason why legal profession is affected with public interest. Nature of an Attorney - an advocate/counsel - aids in the administration of justice -inherent in our judicial system - class of persons who are licensed constituted officers or courts of justice, and who are empowered to appear, prosecute and/or defend someone and on whom peculiar duties, responsibilities and liabilities are devolved by law in consequence. - officer of the court, advocate of justice Legal Profession as a Subject -introduces to a law student the ethical and moral obligations of a lawyer to the court, to his client, to his colleagues in the bar and to the society. Brief History of Legal Education in the Philippines Sources of Philippine legal education

-1964: RA 3870 created UP Law Center to conduct continuing legal education programs. Legal research and publications. -1993: RA 7662 or the Legal Education Act emphasizes on advocacy, legal counseling, ethics, quality of law school, law curriculum etc. - Mandatory Continuing Legal Education (MCLE) applicable to all members of the IBP. Chapter 2: THE STUDY OF LAW Basic skills and qualities required in the study of law a. Dreams/ Ambition -no place for half-heartedness in law school b. Perseverance - time management -sacrifice -priorities c. Patience Basic tool to study Law and to pass the Bar a. Language the instrument by which we understand, analyze and express the law. b. Logic or Critical Analysis- accurately evaluate certain state of facts c. Law- keep abreast with current laws and jurisprudence of the country Chapter 3: Nature of the Legal Profession

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Spain (Roman Civil Law and Canon Law US (English common law) Indo-Malayan influence (Islamic law) Code of Kalantiao

I. Practice of Law is a Profession - profession: group of men pursuing a learned art as a common calling in the spirit of public service - a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character.

- formally began with establishment of Faculty of Civil Law at the UST in 1733. - 1910: UP College of Law opened with 50 Filipino and American students.

Ideas involved in a profession 1. organization- bar associations 2. learning 3. spirit of public service Legal profession; a privilege and right - privilege granted to deserving individuals, conferred only for merit and good moral character -membership in the bar is a privilege burdened with conditions and carries with it the responsibility to live up to its exacting standards and honored traditions. Standards of the Legal Profession 1. Independence - a lawyer must represent his client with zeal within the bounds of the law 2. Accessibility - legal services must be made available to all and at the earliest possible time. -readiness of members to engage in public service 3. Learning - competence and diligence

legal instruments of all kinds, and the giving of legal advice to clients. (Black s Law) -presupposes the existence of a client-attorney relationship - customary or habitual holding out oneself to the public as a lawyer, and demanding payment for such services. It is more than an isolated transaction. Criteria for the practice of Law by Justice Padilla 1. habituality 2. compensation 3. application of law, legal principle, practice, or procedure which calls for legal knowledge, training and experience. 4. attorney-client relationship Modern concept of practice of law - any activity in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. NOT considered practice of law: y y y y Gratuitous furnishing of legal aid to the poor and unfortunate Mere records of realty Ordinary preparation and drafting of legal instruments Clerical tasks

Chapter 5: Admission to Practice Chapter 4: Practice of Law Definition: Practice of Law is the rendition of services requiring the knowledge and application of legal principles and technique to serve the interest of another with his consent. It is not limited to appearing in court or advising or assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing the preparation of Par.5, Sec.5, Art. VIII of the 1987 Constitution provides that the Supreme Court has the power, among others, to 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 underprivileged. Limitations:

a) simplified and inexpensive procedures for speedy disposition of cases b) uniform for all courts of the same grade c) shall not diminish, increase or modify substantive rights The Congress can enact laws regulating the practice of law to protect the public and promote the public welfare. But may not pass a law that will control the SC in the performance of its function to decide who may enjoy the privilege of practicing law. Integration of the Bar y y SC has the inherent power to integrate the Philippine Bar Means the official unification of the entire lawyer population of the Philippines Requires membership and financial support Signifies the setting up by government authority of a national organization of the legal profession

7. promote continuing program of legal research 8. enable the Bar to discharge its public responsibilities effectively Persons entitled to practice Law y Must be a member of the bar and is in good and regular standing

Requirements for admission to the bar: 1. Filipino citizen 2. at least 21 years of age 3. of good moral character 4. a Philippine resident 5. satisfactory evidence of good moral character y Good Moral Character: - at least common honesty - not only a condition precedent for admission to the profession but must remain intact to maintain one s good standing Decency, truthfulness and responsibility=moral character Educational requirement= 4 year law study

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Purpose: 1. assist in the administration of justice 2. foster and maintain high ideals of integrity, learning, professional competence, public service and conduct among its members 3. safeguard the professional interests of its members 4. cultivate a spirit of cordiality and brotherhood 5. provide a forum for the discussion of law, jurisprudence, law reform, pleading, practice and procedure and the relations of the Bar to the Bench and to the public, and publish information 6. encourage and foster legal education y y

Non- Lawyers that may practice law 1. a party may conduct his litigation personally or with the aid of a friend or agent 2. in localities with no member of the bar is available, the MTC may assign a person, resident of the province and of good refute for probity and ability 3. a union representative 4. a person representing a land claimant 5. law student practice 6. representative of the government

Public officials prohibited from engaging in private practice of law 1. judges and other officials or employees of the court 2. officials and employees of the OSG 3. govt prosecutors 4. President, VP, cabinet members, their deputies and assistants 5. members of Con Com 6. Ombudsman and deputies 7. governors, city and ,municipal mayors 8. those prohibited by special law Chapter 6: Bar Examinations Nature and Extent 1. Political law 15% 2. Labor law 10% 3. Civil law 15% 4. Taxation 10% 5. Commercial law 15% 6. Criminal law 10% 7. Remedial law 20% 8. Legal Ethics and Practical Exercises 5% y Average grade: at least 75% in all subjects and without failing below 50% in any subject Bar Examination Committee-composed of SC Justice as chairman and 8 members of the bar who serve as examiners in the 8 subjects. -Bar confidant-acts as liaison between SC and the Chairman and the individual members of the committee - prepares the questions -correction of the examination papers

-give grades -submit papers to the bar confidant Chapter 7: Law Student s Practice Under Rule 138-1, a law student who has successfully completed his 3rd year of the regular four year prescribed law curriculum and is enrolled in a recognized law school s clinical legal education program approved by the SC, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school. Requirements: 1) successfully completed 3rd year of the regular four-year curriculum 2)must be enrolled in the clinical legal education program 3)appearance must be pro bono 4) clients should be indigents 5) appearance must at all times be accompanied and supervised by a supervising attorney Chapter 8: Duties and Privileges of a Lawyer 1. Code of Professional Responsibility I. The Lawyer and the Society Canon 1: A lawyer shall uphold the Constitution, obey the laws of the land and promote respect for law and legal processes II. The Lawyer and the Legal Profession III. The Lawyer and the Courts 2. Four-fold Duties of a Lawyer 1. Duties towards the courts 2. Duties towards the society 3. Duties towards his colleagues in the profession 4. Duties to his client

3. Privileges of an Attorney 1. right and privilege to practice law during good behavior before any judicial, quasi-judicial or admin tribunal 2. presumption of regularity in the discharge of functions 3. immunity from liability to third person 4. statements are absolutely privileged 5. right to protest in a respectful manner 6. first grade civil service eligibility Chapter 9: The IBP Integration of the bar means unification of all the lawyers in the Philippines. y Membership and financial support

3. grossly immoral conduct 4. conviction of a crime involving moral turpitude 5. violation of oath of office 6. willful disobedience of any lawful order of a superior court 7. corrupt or willful appearance as an attorney y The disbarment of an attorney is not necessarily a permanent disability. He may afterwards be reinstated on proper application or on petition showing that he has reformed himself.

Chapter 10: Disciplinary Proceedings y y The SC is vested with the power to suspend and/or disbar a lawyer. Lower courts may suspend but not disbar lawyers

Disbarment- the act of the court in withdrawing from an attorney the right to practice law. Suspension- prohibiting an attorney from practicing law for a certain period. (qualified disbarment) Primary Objectives of Disbarment and Suspension 1. compel the attorney to deal fairly and honestly with clients 2. remove from the profession a person proved to be unfit Common Grounds 1. deceit 2. malpractice and gross misconduct in office