Term Definition

Law Not a trade nor a craft but a profession.

Basic Deal Render public service and secure justice for
those who seek its aid.

Must remain an honorable profession

Attain its basic ideal all acts in consonance with the rules
and ethics of the profession.

Legal Ethics Embodiment of all principles of a morality and refinement

that should govern the conduct of every member of the bar.

Living spirit of the profession, which limits yet uplifts it as a

livelihood

Branch of Moral Science treats the duties an attorney

owes to:
- The court
- His Client
- His Colleagues
- The Public

Attorney - Member of the Philippine Bar

- Practices Law
- Acts Professionally in legal formalities,
negotiations, or proceedings or by authority of his
client.
- Only those who are admitted to Philippine Bar are
attorneys.

Counsel - An Adviser
- A person professionally engaged in the trial or
management of a cause in court.

Legal Advocate - Managing a case at law

Sharia Bar Passer - Not entitled to be called Attorneys

o They must be admitted to the Philippine
Bar

Other Terms Counsel de Parte

- an attorney retained by a party litigant, usually for a
fee
- prosecute or defend his cause in court.
- There is a freedom of choice
o Attorney to accept or decline the
employment
o Litigant continue or terminate the
retainer at any time

Counsel de Officio
- an attorney appointed by the court to defend an
indigent defendant in a criminal ction
- represent a destitute party in a case
- There is LITTLE or NO OTHER CHOICE then the
ACCEPTANCE by the indigent party of whoever is
appointed as his counsel

Attorney of Record
- Attorney whose name, together with his address, is
entered in the record of the case as the designated
counsel of the party litigant in the case and to
whom judicial notice are sent.
 of counsel lawyer
- experienced lawyer
- usually a retired member of the judiciary employed
by law firms as consultant.

Amicus Curiae
- experienced and impartial attorney invited by the
court to appear and help in the disposition of issues
submitted to it.
- Friendly intervention of counsel to call the attention
of the courts prevent escape of relevant facts and
issue and application of law.

Bar
- Legal Profession

Bench
- The Judiciary

Cases:
Case Facts
Cayetano vs Atty Monsod was appointed as the
Monsod Chairman of Comelec. Cayetano
opposed the appointment because
allegedly Atty Monsod does the posses
the qualification of having been
engaged in the practice of law for at
least 10 years.
1987 Constitution, Article 9-C:
Commission on Elections:
Composed of:
- Chairman
- 6 commissioners
- Natural born citizens of the
Philippines (at the time of the
appointment)
- At least 35 y/o
- Holders of College Degree
- Must not have been candidate
in an elective position in the
immediately preceding
elections.
The Chairman specifically must be a
member of the Philippine Bar who
have been engaged in the practice of
law for 10 yrs.
Issues
WON Atty Monsod is engaged in the
practice of law for 10 years?
Jurisprudence
Yes.
Practice of law means any
activity, in or out court, which
requires the application of law,
legal procedure, knowledge,
training and experience.
The contention that Atty. Monsod
does not posses the required
qualification of having engaged
in the practiceof law for at least
ten years is incorrect since Atty.
Monsods past work experience
as a lawyer-economist, a lawyer-
manager, a lawyer-entrepreneur
of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator
of both rich and the poor verily
more than satisfy the
constitutional requirement for the
position of COMELEC chairman,
The respondent has been
engaged in the practice of law for
at least ten years does In the
view of the foregoing, the petition
is DISMISSED.

Ulep v The Legal Mauricio Ulep filed a complaint with the
Clinic Legal clinic because of the latters
advertisement of its services specific to
an article which discusses about the
Secret Marriage and Divorce.
WON the services offered by The Legal
Clinic constitutes practice of law
Yes.
The practice of law is not limited
to the conduct of cases on court.
Anyone who is in representative
capacity, engage in the business
of advising clients as to their
rights under the law is engage in
the practice of law. In the case at
bar, the Legal Clinic offers
services which specializes in the
field of taxation, criminal law,
medical legal problems, labor,
litigation and family law, thereby
requiring legal advise and
expertise only attorney are
allowed to provide in accordance
with the law.
 Disposition: Cease and Desist
from issuing advertisement.

*Paralegals

Philippines - Director of Philippine Office, WON the preparation and prosecution o Yes. The practice of law includes
Lawyers Agrava, issues a circular patent applications constitutes practice of such appearance before the
Association v scheduling the examination law? Patent Office. The business in
Agrava for determining who are the said office involves the
qualified to practice as patent interpretation and determination
attorneys before the of the scope and application of
Philippine Patent Office. the Patent Law and other Laws
- Members of the bars who are Applicable, as well as the
licensed by the Supreme presentation of evidence to
court and in good standing establish the facts involved in
are hereby required to take which only members of the bar
the examinations along with authorized by the Supreme Court
the engineers and other may practice before the Patent
technical aspirants. Office.
- PLA contents that members of
the bar who are licensed by
the Supreme Court and in
good standing are duly
qualified to practice law
before the Philippine Patent
Office.
- Moreover the job
responsibility requires
preparation and prosecution
of patents applications, and
etc. which duly requires legal
knowledge of a member of
the bar
-

Allowed advertisement: (Ulep v The Legal Clinic)

Publication in a reputable list
- In a manner consistent with the standards of conduct imposed by canons of brief biological and informative data.
- Such data must not be misleading and may only include:
o Lawyers Name
o Name is his Professional Associates
o Addresses
o Telephone Numbers
o Cable Addresses
o Branches of Law Practiced
o Date and Place of Birth
o Admission to the Bar
o Schools attended with dates of graduation
o Degrees and other Educational distinction
o Public or Quasi Public Offices
o Posts of Honor
o Legal Authorships
o Legal Teaching Positions
o Membership and Offices in Bar Associations and
o Committees in Legal and Scientific Societies and Legal Fraternities
- The Law List must be reputable published primarily for that purpose not in a daily magazine, newspaper, trade journal or society
program.

The practice of law is not limited to the conduct of cases or litigation in court; it embraces
the preparation of pleadings and other papers incident to actions and social proceedings,
the management of such actions and proceedings on behalf of clients before judges and
courts, and in addition, conveying. In general, all advice to clients, and all action taken for
them in matters connected with the law corporation services, assessment and
condemnation services contemplating an appearance before a judicial body, the foreclosure
of a mortgage, enforcement of a creditor's claim in bankruptcy and insolvency proceedings,
and conducting proceedings in attachment, and in matters of estate and guardianship have
been held to constitute law practice as do the preparation and drafting of legal instruments,
where the work done involves the determination by the trained legal mind of the legal effect
of facts and conditions. (5 Am. Jur. p. 262, 263). (Emphasis supplied).