CHAPTER I INTRODUCTORY

Definitions Need for, and right to counsel Not being a lawyer, he is ignorant of the substantive and procedural laws which are applied to resolve disputes. Thus, it has been held that even lawyers, who are parties in a case, need the guiding hand of counsel. The need of a person for the assistance of counsel is felt more urgently in a criminal than any other proceeding against him where his life or liberty and the comforts of his family are at stake. Any confession of the person or any document signed by him expressly or impliedly admitting the commission of the crime w/o having been assisted by his lawyer is inadmissible in evidence. Left w/o the aid of counsel he may be convicted not because he is guilty but because he does not know how to establish his defense or innocence. w/o counsel, an accused may be put to trial w/o a proper charge and convicted upon incompetent evidence or evidence irrelevant to the issue or otherwise inadmissible. Consequences of denial of right to counsel

Thus, regardless of whether or not the extrajudicial confession of an accused is true, as long as it was given w/o the assistance of the counsel, it becomes inadmissible in evidence although it was a product of the accuseds free will and violation. The right to counsel of an accused in criminal cases is immutable, and has never been considered subject to waiver. It was later discovered that his counsel was not really a lawyer, he was entitled to have his own conviction set aside and a new trial undertaken. Because of the incompetence, ignorance or inexperience of counsel there was an error committed which result thereof is of serious: reopening. The party to a counsel has a right to a competent and independent counsel of his choice. When appearance by counsel not obligatory MTC: a party may conduct his litigation in person or with the aid of an atty. RTC & Appellate Courts: a party in a civil suit may either conduct his litigation personally or by atty. unless the party is a juridical person, in w/c it may appear only by atty. The rule that appearance by counsel is not obligatory applies only in civil and administrative cases.

CHAPTER II ADMISSION TO PRACTICE A. JUDICIAL CONTROL

Admission to practice a judicial function The power to admit applicant to the practice of law is judicial in nature and involves the exercise of judicial discretion. The admission to the practice of law requires (a) previously established rules and principles (b) concrete facts, whether past or present, affecting determinate individuals; and (c) a decision as to whether the facts are governed by rules and principles. Legislative power supplement to repeal, alter or

SC incidental powers: (a) the fixing of minimum standards of instruction for all law schools to observe, (b) the setting up of the necessary administrative machinery to determine the compliance therewith, and (c) by way of sanction, the refusal to admit to the bar examination law graduates from any school failing to meet those standards.

WHAT CONSTITUTES PRACTICR OF LAW

Practice of law, generally The practice of law is incapable of exact definition. It embraces any activity, in or out of court, w/c requires the application of law, legal principle, practice or procedure and calls for knowledge, training and experience. Engaging in the practice of law presupposes the existence of an attorney-client relationship. Hence, where a lawyer undertakes an activity which requires knowledge of law but involves no atty. - client relationship, such as teaching law or writing law books or legal articles, he cannot be said to be engaged in the practice of his profession as a lawyer.

The legislature may, however, enact laws with respect to first requisite for the admission to the bar, namely, that there be previously established rules and principles that applicants to the bar should observe. In the exercise of the police power, the legislature may, however, regulate the practice of law. Thus, it may enact a law declaring illegal and punishable the unauthorized practice of law. Executive power in relation to practice The Chief Executive cannot, by executive order, admit a person to the practice of law nor can he, by treaty with another country, modify the rules concerning the admission to the bar. Prescribing standards for law schools The Commission on Higher Education, under existing laws, exercises regulatory power over private law schools.