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Legal Ethics: Basic Definition of Terms

16AUG

 Abogado – Other term synonymous with the title of attorney, counselor-at-law,

counsel, and etc. generally appearing, prosecuting, and defending in thecourts. (also Boceros) Advocate – The general and popular name for a lawyer who pleads on behalf ofsomeone else or else’s cause. He is a person learned in the law and dulyadmitted to practice.

 Attorney  – The titles given to those who, after having obtained the necessarydegree in the study the law and successfully hurdled the bar examinations, havebeen admitted to practice law.

 Attorney ad hoc – He is the person, a lawyer in that sense, named andappointed by the court to defend an absentee defendant in the suit in which theappointment is made.

 Attorney-at-Law  – Class of persons who are by license, officers of the courts,empowered to appear, prosecute and defend, and upon whom peculiar duties,responsibilities and liabilities are developed by law as a conseuence.

 Attorney-in-fact  – He is an agent whose authority is strictly limited by theinstrument appointing him. !t can be anyone not necessarily a lawyer.

 Attorney of Record  – The attorney whose name, together with the address, isentered in the record of the case as the designated counsel of the party litigatedin the case and to whom "udicial notices relative thereto are sent.

 Amicus curiae – #iterary means a $%riend of the Court& and an experienced andimpartial attorney invited by the court to appear and help in the disposition of the

issues submitted to it.Bar Admission – 'efers to the process of ualifying a person to be admitted inthe !ntegrated (ar to practice law. !t involves among others, the passing the bar,ta)ing of #awyer’s Oath and signing the 'olls of *ttorneys.Bar Association – *n association of the members of the legal profession suchas the !ntegrated (ar of the +hilippines !(+ where membership is integrated orcompulsory.Barrister  – * person entitled to practice law as an advocate or counsel insuperior courts.Boceros  see Abogado.

Counsel  – *n officer of the court who is associated in the management of aparticular case, or who acts as a legal adviser in reference to any matterreuiring legal )nowledge and "udgment.Counselor-at-Law  – One retained by a party in a cause of action to conduct thesame on its trial on his behalf.Champertous contract  – !t is when the lawyer stipulates with his client that inthe prosecution of the case, he will bear all the expenses for the recovery of

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things or property being claimed by the client and the latter agrees to pay theformer a portion of the thing/property recovered as compensation. Champertouscontracts are prohibited as they are against public policy and ethics of theprofession.Charging lien – !t is the euitable right of an attorney to have fees and cost due

to him for services in a particular suit secured by the "udgment or recovery insuch suit.Contingent contract  – *lso referred to as contingent fee contract, is often theonly way by which the poor and helpless can have their rights vindicated andupheld, in the sense that the lawyer is being paid on success basis. 0uchcontract for contingent fee is not prohibited under *rticle 1231 of the 4ew CivilCode and Canon 15 of the Canons of +rofessional 6thics.Counsel de – !t may be a $counsel de officio& or $counsel de parte&. The formeris an attorney appointed by the court to defend an indigent defendant in acriminal action or to represent a destitute party in a case. The latter is a private

counsel, secured by him, without intervention of the government at his own willand choice.Of Counsel  – *n experienced lawyer, usually a retired member of the "udiciary,employed by law firms as consultant.Lawyer  – This is a general term for a person trained in law and authori7ed toadvise or represent others in legal matters.Practice of Law  – !t is any activity, in or out of court, which reuires theapplication of law, legal procedure, )nowledge, training, and experience.8enerally, to practice law is to give notice or render any )ind of service whichdevice or service reuires the use in any degree of legal )nowledge or

s)ills. (Cayetano vs. Monsod, 201 SCRA 210)Retaining lien – !t is the right of an attorney to retain possession of a client’sdocuments, money or other property which comes into the hands of the attorneyprofessionally until a general balance due to him for his professional service ispaid.olicitor  – * government lawyer attached with or is under the Office of the0olicitor 8eneral.