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 the
courts. (also Boceros)
Advocate The general and popular name for a lawyer who pleads on behalf of
someone else or elses cause. He is a person learned in the law and duly
admitted to practice.
Attorney The titles given to those who, after having obtained the necessary
degree in the study the law and successfully hurdled the bar examinations, have
been admitted to practice law.
Attorney ad hoc He is the person, a lawyer in that sense, named and
appointed by the court to defend an absentee defendant in the suit in which the
appointment 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 consequence.
Attorney-in-fact He is an agent whose authority is strictly limited by the
instrument appointing him. It can be anyone not necessarily a lawyer.
Attorney of Record The attorney whose name, together with the address, is
entered in the record of the case as the designated counsel of the party litigated
in the case and to whom judicial notices relative thereto are sent.
Amicus curiae Literary means a Friend of the Court and an experienced and
impartial attorney invited by the court to appear and help in the disposition of the
issues submitted to it.
Bar Admission Refers to the process of qualifying a person to be admitted in
the Integrated Bar to practice law. It involves among others, the passing the bar,
taking of Lawyers Oath and signing the Rolls of Attorneys.
Bar Association An association of the members of the legal profession such
as the Integrated Bar of the Philippines (IBP) where membership is integrated or
compulsory.
Barrister A person entitled to practice law as an advocate or counsel in
superior courts.
Boceros see Abogado.
Counsel An officer of the court who is associated in the management of a
particular case, or who acts as a legal adviser in reference to any matter
requiring legal knowledge and judgment.
Counselor-at-Law One retained by a party in a cause of action to conduct the
same on its trial on his behalf.
Champertous contract It is when the lawyer stipulates with his client that in
the prosecution of the case, he will bear all the expenses for the recovery of

things or property being claimed by the client and the latter agrees to pay the
former a portion of the thing/property recovered as compensation. Champertous
contracts are prohibited as they are against public policy and ethics of the
profession.
Charging lien It is the equitable right of an attorney to have fees and cost due
to him for services in a particular suit secured by the judgment or recovery in
such suit.
Contingent contract Also referred to as contingent fee contract, is often the
only way by which the poor and helpless can have their rights vindicated and
upheld, in the sense that the lawyer is being paid on success basis. Such
contract for contingent fee is not prohibited under Article 1491 of the New Civil
Code and Canon 13 of the Canons of Professional Ethics.
Counsel de It may be a counsel de officio or counsel de parte. The former
is an attorney appointed by the court to defend an indigent defendant in a
criminal 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 will
and choice).
Of Counsel An experienced lawyer, usually a retired member of the judiciary,
employed by law firms as consultant.
Lawyer This is a general term for a person trained in law and authorized to
advise or represent others in legal matters.
Practice of Law It is any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training, and experience.
Generally, to practice law is to give notice or render any kind of service which
device or service requires the use in any degree of legal knowledge or
skills. (Cayetano vs. Monsod, 201 SCRA 210)
Retaining lien It is the right of an attorney to retain possession of a clients
documents, money or other property which comes into the hands of the attorney
professionally until a general balance due to him for his professional service is
paid.
Solicitor A government lawyer attached with or is under the Office of the
Solicitor General.