The University of Manila

COLLEGE OF LAW
2nd Floor, ABE (Main) Building, 546 Dr. M. V. de los Santos, Sr. Sheet Sampaloc, City of Manila

BASIC LEGAL ETHICS COURSE OUTLINE

By: At ty. EDWARD S. MAGAT

1. INTRODUCTIONS/PRELIMINARIES
a. Legal Ethics; def initions; who is a lawyer.

b. Signif icance ofLegal Ethics.

c. Rules governing the ethical behavior of a lawyer. d. Basic def initions: @ Lawyer/Attorney @ Advocate

@ Client
@ Barrister @ Proctor @ Solicitor @ Amiens curiae @ A in icus par excellence @ Counsel de of icio @ Attorney ad lioc @ Counsel d.e parte @ Trial lawyer @ Practicing lawyer @ Solo/Sole Practitioner is a lawyer who practices alone. @ Law Firm @ Of counsel @ Bar @ Bench @ At bar @ At bench @ Attorney ofrecord
@ Attorney-at-law

@ Attorney-in-fact

@ General appearance @ Special appearance @ General retainer @ Special retainer @ Attorney's f ee

@ Charging lien @ Retaining lien

@ Contingent contract. @ Chanipertons contract

Principle of quantum nieruit

Pro bono @ Pro Se @ Ambulance chaser @ Barratry @ Shyster. * ' Forum shopping

@ Stibjudice
@ Notatu digmtm e. Practice of Jaw; def initions; criteria. @ Bernardo vs. Mejia (531 SCRA 639). - Cai/etano vs. Monsod, 201 SCRA 210; see also the dissenting opinion of /. Padilla. - Alawi vs. Alaui/a (268 SCRA 628). - Philippine National Construction Corp. vs. Mandagan (559 SCRA 121). - Ulep vs. Legal Clinic, Inc. (223 SCRA 378). - Cruz vs. Atti j. Cabrera, A.C. No. 5737, October 25, 2004. - Ruthie Ur n-Santiago vs. Atty. Carlos B. Sagucio, A.C. No. 6705, March 31, 2006. f. 1A/?/!/ legal profession is considered as a prof ession; nature of of fice of a lawyer; a prof ession, not a business. g. Practice of law is a privilege and also a right; persons who are entitled to engage in the practice of law; reason f or excluding other persons not admitted to the Bar f rom 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. h., 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 prof ession.

- Art. VIII, Sec. 5 (5), 1987 Constitution. - In Re: Cunanan (94 Phil. 554). - Philippine Laun/ers' Association vs. Agrava (G.R. No. L-12426, February 16,

1959).
- Leo Ediegaray vs. Secretary of Justice, et al. (361 Phil. 76); see also the cases of Bagnio Vendors Multi-Purpose Cooperative vs. Hon. Cabarto-Cortes, G.R. No. 165922, 26 February 2010; and In, Re: Exemption of the National Power Corporation f rom Payment o f Filing/ Docket Fees., A.M. NO. 05-10-20-SC, March 10, 2010). i. Qualifications in admission to and continuing requirements ofa member of the Bar. - Sec. 2, Rule 138, Revised Rules of Court. Re: Letter of Atty. Estelito P. Mendozn Proposing Reforms in the. Bar Examinations

through Amendments to Rule 138 of the Rules of Court B.M. No. 1153, March 9,
2010. Re: Proposed Reforms in the Bar Examinations, B.M. No. 1161, September 3, 2013. - 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).

- Requirements for a lawyer who reacquires Filipino citizenship pursuant to Republic Act No. 9225 to resume practice law. Petition to Re-Acquire the Privilege to Practice Law in the Philippines, Epifauio B. Mimeses, B.M. No. 2122, July 24, 2012 Public of ficials who cannot practice law in the Philippines. Public of f icials with restrictions in the practice of law; bases; exceptions. Requirement of good moral character. a. Cui vs. Cui (11 SCRA 755). b. Terre v. Atty. Terre, A.C. No. 2349, July 3, 1992. c. Roily Pentecostes vs. Atty. HermeriegiJdo 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. Cyntitia Adv' mcula vs. At ty. Er nesto M. Macabata, A.C. No. 7204, March U/,

9007

j. Rehabilitation from cr iminal conduct and good moral character. - Re: Petition ofAl Argosino to Take the Lawyer's Oath, B.M. No. 712 (1997). - /// r e: Petition to take the Lawyer's Oath of Arthur M. Cuevas, Jr., B.M, No. 810, January 27, 1988. - In re: Petition to disqualify Atty. Leonard De Vera, A.C. No. 6052, December 11, 2003. - 1RRI vs. NLRC, G.R. No. 97239, May 12, 1993. - Roberto Soriano vs. Atty. Manuel Dizon, A.C. No. 6792, January 25, 2006. k. Citizenship requirement. - Art. XII, Sec. 14, 1987 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. 1. Passing the Bar examination and the practice of law. - Aguirre vs. Rann, B.M. No. 1036, June 10, 2003. m. Membership in the Integrated Bar of the Philippines.

- In Re: Integration ofthe Philippine Bar (49 SCRA 22).

- In Re: Atty. Marcinl Edillon, A.M. No. 1928, August 3, 1978. n. Exemption from payment of IBP dues. - Letter of Atty. Cecilia Y. Arevalo Jr., B.M. 1370, May 9, 2005.
- Santos, Jr. vs. Llamas., A.C. 4749, January 20, 2001.

o. Appearance of non-lawyers. General Rule; exceptions @ Law Student Practice a. Cruz vs. Minn, G.R. No. 154207, April 27, 2007.

11

Non-Lawyers before the dif ferent courts a. Sec. 7, Rule 116, Revised Rules of Court. b. Sec. 34, Rule 138-A, Revised Rules of Court,
c.

d. Sec. 33, Rule 138, Revised Rules of Court of 1997. m Non-Lawyers in Other Administrat ive Agencies/Tribunals a. Art. 222, Labor Code of the Philippines. b. Sec. 9, Act No. 2259, Cadastral Act. p. Appearance of lawyers; general rule; instances token lawyers may be prohibited from

appearing
- Sec. 16, A.M. No. 08-8-7-SC, Rules of Procedure on Small Claims Cases - Section 415, Republic Act No. 7160, Local Government Code of 1991. q. Sanctions against practice or appearance ofa lawyer without authority - Rule 71, Revised Rules of Court.

- Philippine Association of Free Labor Unions vs. Binalbagan Isabela $ugar Co. (42 SCRA 302).
@@ Beltran vs. Abad (132 SCRA 492). - U.S. vs. Durban (36 Phil. 797). r. How a partnership is considered for law' practice; requirement; whether or not a corporation may be allowed to practice law Ulep v. Legal Clinic, supra. s. Lawyer's Oath; source of a lawyer's obligations and administrative , liability. - Sps. Masinsin, et al. vs. Hon. Albani, el ah, G.R. No. 86421 May 31, 1994. - Sebastian v. Calls, A.C. No. 5118, Sept. 9, 1999. t. A lawyer is "an off icer of the Court"; rationale. u. Suspension, disbarment and discipline. - Mitigating circumstances in dislmrment. a. In Re: Ruste (70 Phil. 243).