Professional Documents
Culture Documents
Submitted to:
Atty. Annabelle B. Caazares-Mindalano
College of Law
Mindanao State University-Iligan Extension
Iligan City
In partial fulfilment of
the requirements for the course
Problem Areas In Legal Ethics
Bachelors of Law
Submitted by:
Ahmad U. Abduljalil
March 2017
Introduction
In all kinds of professions, irrespective of its nature and character, you
will discover rules or conventions that define ethics. Each profession has its
own self-imposed directives, forbidden, admirable, and culpable behavior.
Thus, when one becomes a part of a certain field or profession, the degree of
his responsibility towards himself and more importantly to other people
evidently grows as a result.
This paper aims to explain three (3) specific prevalent problems which
may confront lawyers and judges in the exercise of the profession. As such, it
likewise would like to enlighten what rules lawyers adhere to in order to be
truthful and ethical in their practice without sacrificing their profession.
Unauthorized Practice
Practice of Law means any activity, in or out of court, which requires
the application of law, legal procedure, knowledge, training, and experience.
To engage in the practice of law is to perform those acts which are
characteristics of the profession. 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 skill. (Cayetano vs. Monsod, G.R. No. 100113,
September 3, 1991)
A law student who has successfully completed third year of the regular four-year
prescribed law curriculum and is enrolled in a recognized law schools clinical legal
education program approved by the Supreme Court. (Rule 138-A, Sec. 1, Rules of
Court)
It is important to note that Such law student may appear without compensation
in any civil, criminal or administrative case before any trial court, tribunal, board or
officer, to represent indigent clients accepted by the legal clinic of the law school.
(Rule 138-A, Sec. 1, Rules of Court)
The appearance of the law student shall be under the DIRECT supervision and
control of a member of the Integrated Bar of the Philippines. (Rule 138-A, Sec.2, Rules
of Court)
The phrase direct supervision and control requires no less than the physical
presence of the supervising lawyer during the hearing. This is in accordance with the
threefold rationale behind the Law Student Practice Rule, to wit:
b) To provide a mechanism by which the accredited law school clinic may be able to
protect itself from any potential vicarious liability arising from some culpable action by
their law students; and
) To ensure consistency with the fundamental principle that no person is allowed to
practice a particular profession without possessing the qualifications, particularly a
license, as required by law. (In re: Need that Law Student Practicing Under Rule 138-A
Be Actually Supervised During Trial, Bar Matter No. 730, June 13, 1997)
Any and all pleadings, motions, briefs, memoranda or other papers to be filed,
must be signed by the supervising attorney for and in behalf of the legal clinic. (Rule
138-A, Sec. 2, Rules of Court)
A party to the litigation before any other court. (Rule 138, Sec. 34, Rules of
Court)
In criminal cases before the MTC and a duly licensed member of the Bar is not
available, the court may appoint any person of good repute for probity and ability in
the province to defend the accused. (Rule 116, Sec. 7, Rules of Court)
Non-lawyers may appear before the NLRC or any Labor Arbiter only If they
represent themselves; or If they represent their organization or members thereof. (Art.
222, Labor Code of the Philippines, P.D. 442)
Under the Cadastral Act, any person can represent himself or a claimant before
the Cadastral Court. (The Cadastral Act, Act 2259, Sec. 9)
Above all these considerations, the law provides sanctions for practice and
appearance without authority
A government official forbidden to practice law may be held criminally liable for
violating Secs. 7 (b) and 11 of Republic Act 6713 or the Code of Conduct and Ethical
Standards for Public Officials and Employees.
(b) Outside employment and other activities related thereto. - Public officials and
employees during their incumbency shall not:
(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether
or not he holds office or employment in a casual, temporary, holdover, permanent or
regular capacity, committing any violation of this Act shall be punished with a fine not
exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1)
year, or removal depending on the gravity of the offense after due notice and hearing
by the appropriate body or agency. If the violation is punishable by a heavier penalty
under another law, he shall be prosecuted under the latter statute. Violations of
Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five
(5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the
discretion of the court of competent jurisdiction, disqualification to hold public office.
(4) An officer or employee of the civil service, who as a lawyer, engages in the
practice of law without a written permit from the department head concerned may be
held administratively liable.
(5) Disbarment.
(6) Suspension.
Solicitation of Legal Services
Law is a profession and not a trade because its basic ideal is to render public
service and secure justice for those who seek its aid. The gaining of a livelihood is only
a secondary consideration.
Rule 2.03, Canon 2, CPR provides that a lawyer shall not do or permit to be done
any act designated primarily to solicit legal business.
The practice of law is a noble profession and not a business because it treats of
the most important interests of man, namely: life, liberty and property. The lawyers
first duty is to maintain good administration of justice. In maintaining the causes
confided to him, he should delay no man for money or malice. He should not reject for
any personal reason the causes of the defenseless and the oppressed. Pecuniary
rewards are but a secondary importance. The profession of law is more a mission than
a business profession and therefore its object is not material reward but promote the
administration of justice; hence, where a lawyer in the pursuit of his calling finds
conformity with professional ethics difficult, he should other vocation.
Thus in one case decided by the Spreme Cuurt, an an attorney agreed to give
of his professional fees to an intermediary or commission agent and he also bound
himself not to deal directly with the clients. Can he be subject to disciplinary action?
The use of professional cards carrying the name of the lawyer, his title, his office
and his residence maybe proper. Announcements in periodicals or magazines
regarding the opening of a law office or the foundation of a law partnership containing
only names and addresses are proper.
Rule 1.01A lawyer shall not engage in unlawful, dishonest and immoral or
deceitful conduct.
The law is not a trade nor craft but a profession. Its basic ideal is to
render public service and to secure justice for those who seek its aid. If it has
12
to remain an honorable profession and attain its basic ideal, lawyers should
not only master its tenets and principles but should also, by their lives,
accord continuing fidelity to them. By extorting money from his client
through deceit, Limon has sullied the integrity of his brethren in the law and
has indirectly eroded the peoples confidence in the judicial system. He is
disbarred for immoral, deceitful and unlawful conduct. (Docena v. Atty.
Limon, A.C. No. 2387, Sept. 10, 1998)
13