Basic Legal Ethics

Legal Ethics

-a branch of moral science w/c treats of the duties w/c an attorney owes to the court, to his client, to his colleagues in the profession and to the public

4 Fold Duty ( CCCP)

1.) Court 2.) Client 3.) Colleagues 4.) Public

-provides the needed moral foundation in the study of law intended to guide the student throughout his life

-will guard against the abuses and ills of the profession

Code of Professional Responsibility

-main basis of legal ethics

- embodiment into one code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers

-must be observed by all member of the Bar in the exercise of their profession whether in or out of court as well as in their public and private lives

Commission on Bar Discipline

-the national grievance investigators office referred to in section 2 Rule 139B of the rules of court

-investigating arm of the Supreme Court on administrative matters involving disbarment cases against lawyers

IBP IBP Board SC

CBD of Governors

Integration of the Bar

-official unification of the entire lawyer population

-constituted on May 4, 1973

-IBP does not have the power to suspend or disbar but it can only recommend to the Supreme Court

-“the constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion”

Membership in the IBP

-does not automatically become a member of the IBP Chapter where he resides or works’ -he has the discretion to choose the IBP chapter he wants -Senior Citizen discount cannot be used in payment of membership dues -non-political organization Basic Requirements for all Applicants for Admission to the Bar

1.) Citizen of the Philippines 2.) At least 21 years old 3.) Good moral character 4.) Resident of the Philippines 5.) Satisfactory evidence

-good moral character -no charges against him involving moral turpitude have been filed or pending

Good Moral Character

-the candidate must hold and continue to possess it even after he has been admitted to the legal profession -“Practice of law is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance w/ the lawyer’s public responsibilities”

“a partnership for the practice of law is not a legal entity. It is a mere relationship or association for a particular purpose” “practice of law is also in a nature of a right because the lawyer cannot be prevented from practising law except for valid reasons as the practice of law is not a matter of State’s grace or favour” “any member of the Philippine Bar in good standing may practice law anywhere and before any entity whether judicial or quasi judicial or administrative in the Philippines..w/o taking further examinations” (Philippine Lawyers’ Association vs Agrava 105 Phil 173)

Practice of Law

-covers any activity, in or out of court, w/c requires the application of law, legal principles, practice or procedures and calls for legal knowledge training and experience -to practice law is to give notice or render any kind of services, w/c device or services requires the use in any degree of legal knowledge or skill

3 Principal Types of Professional Activity

1.) Legal advice and instructions to clients to inform them of their rights and obligations

2.) Preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman

3.) Appearance for clients before public tribunals

(Ulep vs Legal Clinic, Inc. 223 SCRA 378)

-“the practice of law is a profession and nota business as it is an essential part in the administration of justice, a profession in pursuit of which pecuniary reward is considered as merely incidental” GENERAL RULE: Only those who are licensed to practice law can appear and handle cases in court EXCEPTIONS

1.) In cases before the MTC, party may conduct his own case or litigation in person, with and aid of an agent or friend appointed by him

2.) Before any other court, a party may conduct his own litigation personally

-“thus, a law student may appear before an inferior court as an agent or friend if a party w/o the supervision of a member of the bar” (see sec 34 Rule138 Rules of Court) -“Sec 34, Rule 138 is clear that appearance before the inferior courts by a non-lawyer is allowed, irrespective of whether or not he is a law student” -“sec 34 Rule 138, a law student may appear as an agent or friend of a party litigant w/o the supervision of a lawyer before inferior courts”

3.) In a criminal case before an MTC in a locality where a duly licensed member of the bar is not available… but such must be a respectable individual in the locality

4.) Senior law student who is enrolled in a recognized law school’s clinical education program approved by the SC may appear before ANY court w/o compensation. He shall

be under the direct supervision and control of an IBP member duly accredited by the law school

5.) Before the NLRC or the Labor Arbiter, if they represent:

-themselves -their organization -if they are duly accredited members if any legal aid office

Punishment for those pretending to be a lawyer -indirect contempt, punishable either by fine or imprisonment or both

“a suspended lawyer cannot practice law during the period of his suspension” “No senator or member of the HR may personally appear as counsel before any court of justice or before the electoral tribunals or quasi-judicial and other administrative bodies” IN RE: DACANAY BAR MATTER 1678 General Rule:

“Since Filipino Citizenship is a requirement for admission to the bar, loss thereof terminates membership in the Philippine Bar and consequently, the privilege to engage in the practice of law”

Exception:

“a Filipino lawyer who becomes a citizen of another country is deemed never to have lost his Philippine Citizenship if he reacquires it in accordance w/ RA No. 9225”

“NO AUTOMATIC right to resume practice of law accrues”

“before a lawyer who reacquires Filipino Citizenship pursuant to RA No. 9225 can resume his law practice, he must first secure from this Court the authority to do so, conditioned on:

a.) UPDATING and PAYMENT in full of the annual membership dues in the IBP

b.) PAYMENT of professional tax

c.) Completion of at least 36 CREDIT HOURS of MCLE

d.) RETAKING of Lawyer’s Oath

Lawyer -officer of the courts

-he directly participates in the administration of justice, either as private practitioner or public prosecutor -has intimate and indispensable relationship to the courts