Agpalo Legal And Judicial Ethics.pdf
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LEGALETHICSanother, practices law, or acts professionally inlegal formalities. Those who passed the Sharia Bar not ent itled tobe called A ttorneys unless admitted to the Philippine Bar. Counselde parte: o An attorney retained by a party litigant, usually for afee, to prosecute or defend his cause in court. o Implies freedomof choice either on the attorney or the litigant. Counsel deoficio: o Attorney appointed by the court. o To defend an indigentdefendant in a criminal action. o To represent a destitute party.Attorney of record: o Attorney whose name, together with hisaddress, is entered in the record of the case as the designatedcounsel of the party litigant. o To whom judicial notices are sent.A lawyer of counsel is an experienced lawyer, who is usually aretired member of judiciary employed by law firms as consultant.Amicus Curiae is: o An experienced and impartial attorney invitedby the court to appear and help in the disposition of issuessubmitted to it. o It implies friendly intervention of counsel tocall the attention of the court to some matters of law or factswhich might otherwise escape its notice and in regard to which itmight go wrong. o Appears in court not to represent any particularparty but only to assist the court. Amicus Curiae par excellencebar associations who appear in court as amici curiae or friends ofthe court. Acts merely as a consultant to guide the court in adoubtful question or issue pending before it. Bar refers to thelegal profession. Bench refers to the judiciary. Client one whoengages the services of a lawyer for legal advice or for purposesof prosecuting or defending a suit in behalf and usually for a fee.Lawyer this is the general term for a person trained in the law andauthorized to advice and represent others in legal mattersAttorneys-At-Law that class of persons who are licensed officers ofthe courts empowered to appear, prosecute and defend, and upon whompeculiar duties, responsibilities and liabilities are developed bylaw as a consequence. Attorney in fact- simply an agent whoseauthority is strictly limited by the instrument appointing him. Hisauthority is provided in a special power of attorney or generalpower of attorney or letter of attorney. He is not necessarily alawyer. Bar Association an association of members of the legalprofession like the IBP where membership is integrated orcompulsory. House Counsel one who acts as attorney for businessthough carried as an employee of that business and not as anindependent lawyer. Lead Counsel the counsel on either side of alitigated action who is charged with the principal management anddirec tion of a partys case, as distinguished from his juniors orsubordinates. Practicing Lawyer one engaged in the practice of lawwho by license are officers of the court and who are empowered toappear, prosecute and defend a client s cause.
LEGALETHICS Pro Se - an appearance by a lawyer in his ownbehalf. Trial Lawyer one who personally handles cases in court,administrative agencies of boards which mean engaging in actualtrial work, either for the prosecution or for the defense of casesof clients. that will control the Supreme Court on its function todecide who may enjoy the privilege of practicing law. Could beconsidered unconstitutional. SC POWER TO REGULATE PRACTICE OF LAWincludes: 1. Authority to define that term. 2. Prescribequalifications of a candidate and the subjects of the bar exams. 3.Decide who will be admitted to the practice. 4. Discipline,suspend, or disbar any unfit or unworthy member of the bar. 5.Reinstate any disbarred attorney. 6. Ordain the integration of thePhilippine bar. 7. Punish for contempt any person for unauthorizedpractice of law. 8. Exercise overall supervision of the legalprofession. 9. Exercise any other power as may be necessary toelevate the standards of the bar and preserve its identity. Powerto regulate the practice of law is not an arbitrary or despoticpower to be exercised at the pleasure of the court. It is the dutyof the court to exercise it by a sound and just judicialdiscretion.
Power to regulate practice of law The Constitution [Art. VIII,Sec. 5(5)] vests this power of control and regulation in theSupreme Court. The constitutional power to admit candidates to thelegal profession is a judicial function and involves the exerciseof discretion. Const art. XII, sec. 14. o The practice of allprofessions in the Philippines shall be limited to Filipinocitizens, save in cases prescribed by law. The SC acts through aBar Examination Committee in the exercise of its judicial functionto admit candidates to the legal profession. Thus, the Committee iscomposed of a member of the Court who acts as Chairman and 8members of the bar who acts as examiners in the 8 bar subjects withone subject assigned to each. Practice of law is impressed withpublic interest. o Attorney takes part in one of the most importantfunctions of the State The Administration of Justice. o Duty of theState to control and regulate the practice of law to promote publicwelfare. Practice of law is inseparably connected with the exerciseof its judicial power in the administration of justice.LEGISLATURES EXERCISE OF POLICE POWER may enact laws regulating thepractice of law but may not pass a law
CHAPTER 2 ADMISSION TO PRACTICEA. JUDICIAL CONTROL Admission topractice is a judicial function The power to admit applicants tothe practice of law is judicial in nature and involves the exerciseof judicial discretion. Traditionally exercised by the SupremeCourt as an inherent part of its judicial power. Rationale comesfrom the nature of a judicial function and the role played byattorneys in the administration of justice. The admission to thepractice of law requires: 1. Previously established Rules andPrinciples. (By Constitutional mandate, a primary responsibility ofthe Supreme Court) 2. Concrete Facts, past or present, affectingdeterminate individuals. (Brought about by the applicant foradmission to the bar) 3. A Decision as to whether the facts aregoverned by rules and principles. (Involves judicial adjudicationwhich essentially a function of the court) To enablethe court toproperly discharge its responsibility for the efficient andimpartial administration and to elevate and maintain the standardof the legal profession requires that it must have the primary dutyto decide: A. Who may be admitted to the bar as one of itsofficers.
LEGALETHICSresponsibility to decide who may be admitted. TheLegislature, in the exercise of its POLICE POWER may, however,enact laws regulating the practice of law to protect the public andpromote the public welfare. 1. A law declaring illegal andpunishable the unauthorized practice of law. 2. Require furtherexamination for any attorney desiring to practice before anyquasi-judicial or administrative agency. Whatever law may be passesis merely in aid of the judicial power to regulate. But thelegislature MAY NOT pass a law that will control the Supreme Courtin the performance of its function to decide who may enjoy theprivilege of practicing law and any law of that kind isunconstitutional as an invalid exercise of legislative power. RA972 (the Bar Flunkers Act) aims to admit to the Bar, thosecandidates who suffered from insufficiency of reading materials andinadequate preparation. By its declared objective, the law iscontrary to public interest because it qualifies 1,094 lawgraduates who confessedly had inadequate preparation for thepractice of the profession, as was exactly found by this Tribunalin the aforesaid examinations. An adequate legal preparation is oneof the vital requisites for the practice of law that should bedeveloped constantly and maintained firmly. A treaty, cannot be sointerpreted as to entitle a holder of a law degree obtained inanother country to practice law in this country without complyingwith the requirements of existing law. Accordingly, a Filipinocitizen who obtained a law degree in another country is notentitled to be admitted to the Philippine Bar without complyingwith the requirements.
LEGALETHICS No valid distinction can be drawn between part ofthe work involving appearance in court and that part involvingadvice and drafting of instruments in his office. Practice of lawneed not be habitual services in litigations in court. A pers onspast work exper iences as lawyer-economist, lawyer-manager,lawyer-entrepreneur of industry, lawyer-negotiator of contracts,and lawyer-legislator more than satisfy the constitutionalrequirement for appointment as Chairman of the COMELEC that he hasbeen engaged in the active practice of law for at least ten years.(Cayetano v Monsod) Any person who has been duly licensed as amember of the bar in accordance with the statutory requirements andwho is in good and regular standing is entitled to practice law.Two basic statutory requirements: 1. Must have been admitted to thebar. 2. After admission, must remain in good and regular standing(a continuing requirement). Must have been admitted to the bar. Alawyer is one who: 1. Passed the bar exams. 2. Taken the lawyersoath before the Supreme Court en banc. 3. Signed in the roll ofattorneys. 4. Received a certificate of license to practice lawfrom the Clerk of Court of the Supreme Court. 5. Furnishedsatisfactory proof or educational, moral, and other qualifications.After Admission he or she must: 1. Remain an IBP member in goodstanding by regularly paying IBP dues and other lawful assessments.2. Pay annual privilege tax. 3. Faithfully observe the rules andethics of the legal profession. 4. Be continually subjected tojudicial disciplinary control. Compulsory membership to the IBP isnot violative of a lawyers freed om of association. Integrationdoes not make a lawyer a member of any group of which he is alreadya member. He became a member of the bar when he passed the BarExaminations. Bar integration does not compel the lawyer toassociate with anyone. He is free to attend or not attend themeetings of his Integrated Bar Chapter or vote or13
LEGALETHICSrefuse to vote in its elections as he chooses. Theonly compulsion to which he is subjected is the payment of annualdues. The Supreme Court, in ord er to fur ther the Stateslegitimate interest in elevating the quality of professional legalservices, may require that the cost of improving the profession inthis fashion be shared by the subjects and beneficiaries of theregulatory program the lawyers [In re: Edillon A.M. 1928] The rigidrequirements and conditions are designed to admit to its ranks onlythose who are adequately prepared, mentally and morally, todischarge the duties of an attorney. The purpose, in the finalanalysis, is to protect the public, the court, the client, and thebar from incompetence and dishonesty of those who are unfit tobecome members. Only those who are competent, honorable, andreliable may practice law. The attorneys continued enjoy ment ofthe privilege conferred depends upon his complying with the ethicsand rules of the profession. But practice of law is in the natureof a right. While the practice of law is a privilege, a lawyercannot be prevented from practicing law except for valid reasons,the practice of law not being a matter of states grace or favor. Heholds office during good behavior and can only be deprived of itfor misconduct. The state cannot exclude an attorney from thepractice of law in a manner or for reasons that contravene the dueprocess or equal protection clause of the Constitution. Aquasi-judicial or administrative agency cannot restr ict a lawyersprivilege to practice law by imposing conditions that amount todiscrimination nor limit such privilege by requiring the passing ofan examination not sanctioned by law as a prerequisite to appearingbefore such agency. In that sense, the practice of law is in thenature of a right which cannot be lightly or capriciously takenaway from him. 2b1af7f3a8