2nd

The University of Manila COLLEGE OF LAW Floor, ABE (Main) Building, 546 Dr. M.V. de los Santos Sr. Street, Sampaloc, City of Manila BASIC LEGAL ETHICS COURSE OUTLINE By: Atty. EDWARD S. MAGAT

A. LEGAL ETHICS

I. INTRODUCTION/PRELIMINARIES a. Legal Ethics; definitions; who is a lawyer. b. Rules governing the ethical behavior of a lawyer. c. Basic definitions. Lawyer/Attorney/Advocate; Client. Barrister; Proctor; Solicitor. Amicus curiae; Amici par excellence. Counsel de Officio; Counsel ad hoc; Counsel de parte. Trial Lawyer; Practicing lawyer. Solo/Sole Practitioner; Law Firm; Of Counsel. Bar/ Bench. At bar; At bench. Attorney of record; Attorney-at-law; Attorney-in-fact. General retainer; Special retainer. Attorneys Fees; Charging lien; Retaining lien. Contingent contract; Champertous contract; Principle of quantum meruit. Ambulance chaser; barratry; shyster. Forum shopping.

d. Practice of law; definitions; criteria Bernardo vs. Mejia (531 SCRA 639) Cayetano vs. Monsod, 201 SCRA 210; see also the dissenting opinion of J.Padilla. Alawi vs. Alauya (268 SCRA 628). In Re: Argosino, B.M. No. 712 (1997) Philippine National Construction Corp. vs. Mandagan (559 SCRA 121). Bernardo vs. Mejia (531 SCRA 639) Ulep vs. Legal Clinic, Inc. (223 SCRA 378). Cruz vs. Atty. Cabrera, AC. No. 5737, October 25, 2004.

Ruthie Lim-Santiago vs. Atty. Carlos B. Sagucio, A.C. No.6705, March 31, 2006

e.Why legal profession is considered as a profession; nature of office of a lawyer; a profession, not a business. f. Practice of law is a privilege and also a right; persons who are entitled to engage in the practice of law; reason for excluding other persons not admitted to the bar from the practice of law. In the matter of the Petition for Authority to Continue Use of Firm Name Ozaeta, Romulo, Etc. (92 SCRA 1). Ulep vs. Legal Clinic, Inc. supra.

g. To whom the power to admit a person to the practice of law is vested; nature of the power to admit candidates to the legal profession. Art. VIII, Sec. 5(5), The 1987 Constitution of the Philippines. In. Re: Cunanan (94 Phil. 554). Philippine Lawyers Association vs. Agrava (G.R. No. L-12426, February 16, 1959). Leo Echegaray vs. Secretary of Justice, et. al. (316 Phil. 76); see also the cases of Baguio Vendors Multi-Purpose Cooperative vs. Hon. CabartoCortes, G.R. No. 165922, 26 February 2010; and In Re: Exemption of the National Power Corporation from Payment of Filing / Docket Fees, A.M. No. 05-10-20-SC, March 10, 2010).

h. Qualifications in admission to and continuing requirements of a member of the Bar. Sec. 2, Rule 138, The Revised Rules of Court of 1997. Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations through Amendments to Rule 138 of the Rules of Court, B.M. No. 1153, March 9, 2010. B.M. No. 850, August 22, 2000, Mandatory Continuing Legal Education (MCLE). As to Citizenship; In Re: Petition for Leave to Resume Practice of Law, Benjamin M. Dacanay (540 SCRA 424) B.M. No. 1678. Requirements for a lawyer who reacquires Filipino citizenship pursuant to Republic Act No. 9225 to resume practice law. Public Officials with restrictions in the Practice of Law; bases; exceptions. Requirement of Good Moral Character.

a. Cui vs. Cui (11 SCRA 755) b. Terre vs. Atty. Terre, AC. No. 2349, July 3, 1992. c. Rolly Pentecostes vs. Atty. Hermenegildo Marasigan, A.M. No. P-07-2337, August 03, 2007. d. Fr. Ranhilio C. Aquino, et. al. vs. Atty. Edwin Pascua, A.C.No.5095, November 28, 2007. e. Administrative case filed against Judge Jaime V. Quitain, JBC No. 013, August 22, 2007.

f. Rodolfo M. Bernardo vs. Atty. Ismael F. Mejia, Adm. Case No. 2984. August 31, 2007. g. GSIS vs. Hon. Vicente A. Pacquing, A.M. No. RTJ-04-1831, February 2, 2007 h. Velez vs. Atty. De Vera, A.C. No. 6697, July 25, 2006. i. Cynthia Advincula vs. Atty. Ernesto M. Macabata, A.C. No. 7204, March 07, 2007. i. Rehabilitation from criminal conduct and good moral character. In re: Petition to take the Lawyers Oath of Arthur N. Cuevas, Jr., B.M. No. 810, January 27, 1988. In re: Petition to disqualify Atty. Leonardo De Vera, A.C. No. 6052, December 11, 2003. IRRI vs. NLRC, G.R. No. 97239, May 12, 1993. Roberto Soriano vs. Atty. Manuel Dizon, A.C. No. 6792, January 25, 2006.

j. Citizenship requirement. Art. 12, Sec. 14, The 1987 Philippine Constitution. a. Re: Letter of Atty. Estelito P. Mendoza Proposing Reforms in the Bar Examinations through Amendments to Rule 138 of the Rules of Court, supra. b. Petition for Leave to Resume Practice of Law, B.M. No. 1678, December 17, 2007. k. Passing the Bar examination and the Practice of law. Aguire vs. Rana, B.M. No. 1036, June 10, 2003.

l. Membership in the Integrated bar of the Philippines. In Re: Integration of the Philippine Bar (49 SCRA 22 ). In Re: Atty. Marcial Edillion, A.M. No. 1928, August 3, 1978.

m. Exemption from payment of IBP dues. Letter of Atty. Cecilio Y. Arevalo Jr., B.M. No. 1370, May 9, 2005. Santos, Jr. vs. Llamas, A.C. 4749, January 20, 2001.

n. Appearance of non-Lawyers. General Rule. Exceptions: Law Student Practice a. Sec. 1, Rule 138-A, The Revised Rules of Court of 1997 b. Sec. 2, Rule 138-A, The Revised Rules of Court of 1997 c. Cruz vs. Mina, G.R. No. 154207, April 27, 2007. Non-Lawyers before the different Courts a. Sec. 7, Rule 116, The Revised Rules of Court of 1997

b. Sec. 34, Rule 138-A, The Revised Rules of Court of 1997 c. Sec. 33, Rule 138, The Revised Rules of Court of 1997 Non-Lawyers in Other Administrative Agencies/Tribunals a. Art. 222, Labor Code of the Philippines. b. Sec. 9, Act No. 2259, The Cadastral Act. o. Appearance of lawyers; general rule; instances when lawyers may be prohibited from appearing. Sec.16, A.M. No. 08-8-7-SC, The Rule of Procedure on Small Claims Cases Small Claims Procedures. Section 415, Republic Act No. 7160, The Local Government Code of 1991.

p. Sanctions against practice or appearance of a lawyer without authority. Rule 71, The Revised Rules of Court of 1997. Philippine Association of Free Labor Unions vs. Binalbagan Isabela Sugar Co. (42 SCRA 302). Beltran vs. Abad (132 SCRA 492). U.S. vs. Durban (36 Phil. 797).

q. How a partnership is considered for law practice; requirement; whether or not a corporation may be allowed to practice law. Ulep vs. Legal Clinic, supra.

r. Lawyers Oath; source of a lawyers obligations and administrative liability. Sps. Masinsin, et. al. vs. Hon. Albani, et. al., G.R. No. 86421, May 31, 1994. Sebastian vs. Calis, A.C. No. 5118, Sept. 9, 1999.

s. A lawyer is an officer of the Court; rationale. t. Suspension, disbarment and discipline. Mitigating circumstances in disbarment. a. In Re: Ruste (70 Phil. 243). b. Muoz vs. People of the Philippines (53 SCRA 190). c. Lantos vs. Gan (196 SCRA 16) d. Rheem of the Philippines, Inc. vs. Ferrer (20 SCRA 441). Liabilities of a lawyer. a. Barandon vs. Ferrer, A.C. No. 5768, March 26, 2010. b. Soriano vs. Dizon, A.C. 6792, Jan. 25, 2006. c. Racines vs. Morallos, A.M. No. MTJ-08-1698.

u. Reinstatement. Re: 2003 Bar Examinations, B.M. 1222, April 24, 2009. Maniago vs. Atty. De Dios, A.C. No. 7472, March 30, 2010.