JUDICIAL AND LEGAL ETHICS REVIEWER - AGPALO

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<p>LEGALETHICSPRIMARY CHARACTERISTICS WHICH DISTINGUISH THE LEGAL PROFESSION FROM BUSINESS 1. A duty of public service. 2. A relation, as an officer of the cour t, to the administr ation 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. Definitions LEGAL ETHICS 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 profes sion. 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. Terms used to describe a member of the legal profession: o Lawyer, Attorney, or Attorney-AtLaw. o Advocate, Barrister, Counsel or Counselor. o Proctor, Solicitor. o Spanish: Abogado. o Filipino: Manananggol. The term refers to that class of persons who by license are officers of the court empowered to appear, prosecute, and defend. A person who is a member of the Philippine Bar who, by warrant of</p> <p>CHAPTER 1 INTRODUCTORYPreliminary Legal Ethics 1. Branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public. 2. It is the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar The law is not a trade nor a craft but a profession. Its basic ideal is to render public service and secure justice to those who seek its aid. Those enrolled in its ranks should not only master its tenets and principles but also accord continuing fidelity to them. Obligation not an easy task due to commercialism in all fields of human endeavor. To fulfill obligation: 1. Professional standards be constantly inculcated among lawyers. 2. M a ual of equipment n rules and ethics of the profession collated, readily available to every attorney. Sources of Legal Ethics: 1. The 1987 Constitution. 2. Applicable Jurisprudence. 3. Code of Professional Responsibility. 4. New Civil Code. 5. Rules of Court. 6. Revised Penal Code. 7. Local Government Code.</p> <p>1</p> <p>LEGALETHICSanother, practices law, or acts professionally in legal formalities. Those who passed the Sharia Bar not ent itled to be called A ttorneys unless admitted to the Philippine Bar. Counsel de parte: 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. Counsel de oficio: o Attorney appointed by the court. o To defend an indigent defendant in a criminal action. o To represent a destitute party. Attorney of record: 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. A lawyer of counsel is an experienced lawyer, who is usually a retired member of judiciary employed by law firms as consultant. Amicus Curiae is: 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. Amicus Curiae par excellence 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. Bar refers to the legal profession. Bench refers to the judiciary. Client one who engages the services of a lawyer for legal advice or for purposes of 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 and authorized to advice and represent others in legal matters Attorneys-At-Law 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. Attorney in fact- simply 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. Bar Association an association of members of the legal profession like the IBP where membership is integrated or compulsory. House Counsel one who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Lead Counsel the counsel on either side of a litigated action who is charged with the principal management and direc tion of a partys case, as distinguished from his juniors or subordinates. Practicing Lawyer 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.</p> <p>2</p> <p>LEGALETHICS Pro Se - an appearance by a lawyer in his own behalf. Trial Lawyer 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. that will control the Supreme Court on its function to decide who may enjoy the privilege of practicing law. Could be considered unconstitutional. SC POWER TO REGULATE PRACTICE OF LAW includes: 1. Authority to define that term. 2. Prescribe qualifications 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 the Philippine bar. 7. Punish for contempt any person for unauthorized practice of law. 8. Exercise overall supervision of the legal profession. 9. Exercise any other power as may be necessary to elevate the standards of the bar and preserve its identity. Power to regulate the practice of law is not an arbitrary or despotic power to be exercised at the pleasure of the court. It is the duty of the court to exercise it by a sound and just judicial discretion.</p> <p>Power to regulate practice of law The Constitution [Art. VIII, Sec. 5(5)] vests this power of control and regulation in the Supreme Court. The constitutional power to admit candidates to the legal profession is a judicial function and involves the exercise of discretion. Const art. XII, sec. 14. o The practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. The SC acts through a Bar Examination Committee in the exercise of its judicial function to admit candidates to the legal profession. Thus, the Committee is composed of a member of the Court who acts as Chairman and 8 members of the bar who acts as examiners in the 8 bar subjects with one subject assigned to each. Practice of law is impressed with public interest. o Attorney takes part in one of the most important functions of the State The Administration of Justice. o Duty of the State to control and regulate the practice of law to promote public welfare. Practice of law is inseparably connected with the exercise of its judicial power in the administration of justice. LEGISLATURES EXERCISE OF POLICE POWER may enact laws regulating the practice of law but may not pass a law</p> <p>Nature of office of attorney An attorney is more than a mere agent because he possesses special powers of trust and confidence reposed in him by his client. Independent as the judge. In a limited sense, a public officer, although not in the constitutional or statutory meaning of the term. Occupies a quasi-judicial office because he is in fact an officer of the court. The title Attorney is reserved to those who has:3</p> <p>LEGALETHICS1. obtained the necessary degree in the study of law; 2. successfully taken the bar exams; 3. admitted to the IBP; 4. remain members thereof in good standing; 5. been authorized to practice law in the Philippines. Membership in the bar is in the category of a mandate of public service of the highest order. Lawyers are oath-bound servants of society whose conduct are clearly circumscribed by the inflexible norms of law and ethics. Primary duty is to the advancement of the quest of truth and justice. proper to assume and discharge the responsibilities of an attorney. 5. Has the privilege to set the judicial machinery in motion. He can stand up for his right or the right of his client even in the face of a hostile court. He has the right to protest, in respectful language, any unwarranted treatment of a witness or any unjustified delay. The rights and privileges which they enjoy as officers of the court are necessary for the proper administration of justice as for the protection of attorney and his client. There can be no strong bar without courage ous and fearless attorneys. As a man of law, his is necessarily a leader in the community, looked up to as a model citizen. Integrity, ability, and learning often makes him qualified to administer the Executive Departments or the Legislative bodies.</p> <p>Privileges of an attorney 1. Privilege and right to practice law during good behavior before any judicial, quasi-judicial, or administrative tribunal. 2. Attorneys enjoy the presumption of regularity in the discharge of his duty. (His statements, if relevant or material to the case, are absolutely privileged regardless of their defamatory tenor. He can speak freely and courageously in proceedings without the risk of criminal prosecution.) 3. Other privileges inherent in his status as quasi-judicial officer: a. Passing the bar is equivalent to First-grade Civil Service eligibility for any position in the classified service of the government, the duties of which require knowledge of law. b. Second-grade eligibility for any other government position not requiring proficiency in the law. 4. The court, in admitting him to practice, presents him to the public as worthy of its confidence and as a person fit and</p> <p>Duties of Attorneys (Rule 138, Sec 20) MEMORIZE! It is the duty of an attorney: 1. To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; 2. To observe and maintain the respect due to the courts of justice and judicial officers; 3. To counsel or maintain such actions or proceedings only as appear to him to be just, and such defenses only as he believes to be honestly debatable under the law; 4. To employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth and honor, and never seek to mislead the judge or4</p> <p>LEGALETHICSany judicial officer by an artifice or false statement of fact or law; To maintain inviolate the confidence, and at every peril to himself, to preserve the secrets of his client, and to accept no compensation in connection with his client's business except from him or with his knowledge and approval; To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; Not to encourage either the commencement or the continuance of an action or proceeding, or delay any man's cause, from any corrupt motive or interest; Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; In the defense of a person accused of crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accused, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law. DUTIES OF A LAWYER truthfulness, avoid encroachment in the business of other lawyers, uphold the honor of the profession. 3. Duties to the COURT respect or defend against criticisms, uphold authority and dignity, obey order and processes, assist in the administration of justice. 4. Duties to the CLIENT entire devot ion to client s int er est. Public versus private and personal duties PUBLIC DUTY: o Obey the law. o Aid in the administration of justice. o Cooperate whenever justice is imperiled. PRIVATE DUTY: o Faithfully, honestly, and conscientiously represent the interest of his client. PERSONAL DUTY, the obligation he owes to himself. Such classification of public and personal results from the three-fold capacity in which attorneys operate: o As a Faithful Assistant of the court in search of just solution to disputes (Public Duty). o As a Trusted Agent of his client (Private Duty). o As a Self-employed Businessman (Personal Duty). Rules and ethics demand that an attorney subordinate his personal and private duties to those which he owes to the court and to the public. Where his duties to his client conflict with those he owes to the court and the public, the former must yield to the latter. His obligations to his client take precedence over his duties to himself.5</p> <p>5.</p> <p>6.</p> <p>7.</p> <p>8.</p> <p>9.</p> <p>FOUR-FOLD</p> <p>1. Duties to SOCIETY should not violate his responsibility to society, exemplar for righteousness, ready to render legal aid, foster social reforms, guardian of due process, aware of special role in the solution of special problems and be always ready to lend assistance in the study and solution of social problems. 2. Duties to the LEGAL PROFESSION candor, fairness, courtesy and</p> <p>LEGALETHICS2. A relation as officer of the court to the administration of justice involving thorough sincerity, integrity, and reliability. 3. Relation to the client in the highest degree fiduciary. 4. Relation to 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 with their clients. These characteristics make it a noble profession and the privilege to practice it is bestowed only upon individuals who are competent intellectually, academically, and morally. A partnership in the practice of law is a mere relationship or association for such particular purpose. It is not a legal entity. It is not a partnership formed for the purpose of carrying on a trade or business or of holding property. Even if registered with the SEC, any lawyer practicing under a law partnership is considered a solo practitioner who is the taxpayer and not the law partnership. Law prohibits a business or commercial partnership or juridical entity to engage in the practice of law since such cannot possess nor comply with the qualifications and requirements of a lawyer.</p>...