LEGAL PROFESSION
formalities, negotiations or proceedings,
Introduction
Introduction to Legal Profession
Legal Profession
- a very vital element in nation building
since there is no progress in a country
without a rule of law
- a branch of the administration of
justice whose main purpose is to aid in
the doing of justice according to law
between state and the individual and
between man and man (reason why
legal profession is affected by public
interest)
- its paramount concern is to obtain
justice in the most efficient and
effective manner
- only about fifty thousand (50, 000)
members, approximately 10 to 15
percent are actually engaged in
private practice
ignorantia legis non excusat
- ignorance of the law excuses no one from
compliance therewith
- one of the basic principles in law
Nature of an Attorney
Attorney
- sometimes called as an advocate or
counsel, one who aids in the
administration of justice
- a class of persons who are by license
constituted officers of courts of justice,
and who are empowered to appear and
prosecute and/or defend someone and on
whom peculiar duties, responsibilities and
liabilities are devolved by law in
consequence
- a person acting professionally in legal
by warrant or authority of his client
- a person set apart by the laws of the land
relating to the high interest of property,
liberty and life
- considered as a quasi-officer of the court
subject to regulation
- an inherent element in our judicial system
- someone who is employed by a party in a
cause to manage the same for him, but
not a part of the cause
- an officer of the court
- his business is to carry on the practical
and formal parts of the suit to the best of
his ability; to help clarify matters; proclaim
what is right
Legal Profession as a Subject
Department of Education Culture and Sports
approved a new law curriculum in 1989.
Additional subjects:
1. Legal Profession
2. Legal Counseling
3. Problem Areas in Legal Ethics
These three subjects introduce to a law
student the ethical and moral obligations of a
lawyer to the court, to his client, to his colleagues
in the bar and to the society.
Brief History of the Legal Education in the
Philippines
Sources of Philippine legal education:
1. Spain gave the Roman Civil law and the
Canon law
 2. United States the forerunner of English
common law in the Philippines
3. Indo-Malayan influence shared the
Islamic law in the Philippines
4. Code of Kalantioa our own codified law
prior to the Spanish regime in the country
Legal Education in the Philippines
Establishment of Faculty of Civil Law at
the University of Sto. Tomas in 1733. It
moved later to Tarlac.
In 1898, the Universidad Literia Filipinas
was established in Malolos, Bulacan.
In 1899, Don Felipe Calderon founded the
Escuela de Derecho de Manila, which in
1924 was renamed Manila Law School.
In 1910, the College of Law of the
University of the Philippines opened with
50 Filipino and American students.
Educational requirements for a law profession:
1911 a high school degree as a pre-law
and a three-year law course
Later, the pre-law requisite was increased
to two years of college studies in addition
to a high school degree.
1960 four-year bachelors degree in arts
and science and the law course to four
years of legal studies (bachelor of laws)
Bar subjects (Sec. 6, Rule 138 of the Rules of
Court):
1. Civil Law
2. Criminal Law
3. Remedial Law
4. Legal Ethics and Practical Exercises
5. Commercial Law
6. Political Law
7. Taxation
8. Labor Laws
9. Law on Public Corporation and Public
Officers
10. Public and Private International Law
Non-bar subjects:
1. Legal History
2. Legal Bibliography
3. Statutory Construction
4. Legal Research
5. Legal Medicine
6. Court Practice
In 1989, the Department of Education
Culture and Sports adopted a revised
model curriculum for the four-year
Bachelor of Laws degree composed of 51
subjects (approximately 142 units) which
took effect in 1990.
In 1964, R.A. No. 3870 created the
University of the Philippines Law Center to
conduct continuing legal education
programs, legal research and publications.
In 1993, R.A. No. 7662 or the Legal
Education Act was enacted to emphasize
on the areas of advocacy, counseling,
problem solving, decision making, ethics
and nobility of the legal profession, bench-
bar partnership, social commitment,
selection of law students, quality of law
schools, the faculty as well as the aw
curriculum. The Legal Education Board
was likewise created.
The latest update on legal education is the
Mandatory Continuing Legal Education
(MCLE) program for members of the
Integrated Bar of the Philippines. This
Supreme Court Resolution requires
members of the bar to pursue further
studies in law and update themselves with
the current laws and jurisprudence to
ensure that throughout their career, they
keep abreast with law and jurisprudence,
maintain the ethics of the profession and
enhance the standards of the practise of
law.
The Study of Law
Basic Skills and Qualities Required in the
Study of Law
Attitudes
1. Dreams/ Ambitions
A student should dream to become a
lawyer.
 2. Perseverance
A law student must be determined to
hurdle the bar even if it will take a great
degree of sacrifice for his part.
3. Patience
Studying law requires a great degree of
patience.
Basic Tools (How to be a Lawyer)
1. Language
- the tool of the law
- the instrument by which you
understand, analyze and express
the law
wide reading and listening
keen perception
constant speaking and
writing
2. Logic or Critical Analysis
- accurately evaluate a certain state
of facts
3. Law
- to know the law, one must read and
continue reading to keep himself
abreast with the current laws and
jurisprudence of the country
- it is imperative for a student to
train himself in speed-reading and
to familiarize himself with legal
terms and phrases towards easy
comprehension
By the way, always remember that
lawyers are made, not born.
Nature of Legal Profession
Practice of Law is a Profession
profession
- group of men pursuing a learned art as
a common calling in the spirit of public
service
A profession differs from a trade or
business because the primary purpose of
the latter is economic gain or profit. While
in a profession, gaining profits is merely
incidental.
practice of law
- a profession, a form of public trust, the
performance of which is entrusted only to
those who are qualified and who possess
good moral character
Legal profession is a profession and not a
trade, and the basic ideal of profession is
to render public service and secure justice
to those who seek its aid.
Law profession is a branch of the
administration of justice and not a mere
moneymaking trade.
Legal Profession: a Privilege and a Right
These rights and/or privileges enjoyed by
a lawyer are necessary not only for the
protection of his client but more
importantly towards the speedy,
inexpensive and orderly administration of
justice.
Privilege
Membership in the legal profession is a
privilege granted by the state only to
those deserving individuals.
It is in the nature of a franchise conferred
only for merit which must be earned by
hard study, learning and good conduct.
For one to be admitted in the practice of
law and for a continued enjoyment
thereof, he must possess all the required
qualifications needed in the profession
among which is the continued possession
of good moral character.
The practice of law is a privilege accorded
only to those who measure up to the
 exacting standards of mental and moral
fitness.
Right
Although the law profession is to a great
extent a privilege, which may be withheld
or extended in the exercise of sound
judicial discretion, yet it is also a right in a
limited sense.
A lawyer cannot be prevented from
practicing law except upon valid cause
and only after affording him due process.
He cannot be prevented from appearing
before any judicial, quasi-judicial, or
administrative tribunal as long as he is a
member of the bar in good and regular
standing.
He has the right to protest in a respectful
manner anything which he thinks is
prejudicial to the orderly and expeditious
administration of justice.
He has the right to stand up for his right or
the right of his client even in the face of a
hostile court.
Standards of the Legal Profession
a) Independence
A lawyer must represent his client
with zeal within the bounds of the
law.
What lawyers should do is to get
immersed in their clients cases but
not to drown themselves into their
clients causes they must get
involved in the cases, lest they
become detached and coldly
dispassionate, but they must
likewise learn to get out of the
experience so to speak lest they
become bemused and sentimental.
b) Accessibility
The bar should be able to aid the
public in selection of a competent
lawyer as part of its duty to make
its services available.
Legal services are needed not only
by indigent persons, but even by
those who are able to pay their
way but do not know whom to
engage as counsel.
Not only must legal services be
available to all. Legal services must
be made available at the earliest
possible time, and not when a case
was already in court.
c) Learning
A lawyer must serve his client with
competence and diligence.
The proliferation of legal materials
and the emergence of new
specialties in law, brought about by
the growing complexity of our
society, are a challenge to our
commitment to excellence
whether as members of the
practicing bar of academic branch
of profession.
Ideas involved in Legal Profession
a) Organization
Lawyers organize as a profession
thru the bar associations, defined
as an association of persons
practicing the profession of law
formed and maintained to promote
and uphold the purposes and spirit
of that profession.
b) Learning

Professions are learned not only
from the nature of the art
professed but historically have a
cultural, and ideal side which
furthers the exercise of that art.
To carry on their tasks most
effectively, they must be more that
resourceful craftsmen. They must
be learned men.
c) Spirit of Public Service
The spirit of public service in which
the profession of law is a
prerequisite of a sound
administration of justice.
Terms Commonly used in Practice of Law
a. Attorney at Law
- a slightly fancier way of saying lawyer
or attorney
b. Attorney in fact
- an attorney who may or may not be a
lawyer who is given written authority to
act on anothers behalf especially by a
power of attorney
c. Attorney ad hoc (Latin)
- for this special purpose
- appointed for a special purpose,
generally to represent the client, ward, or
child in the particular action in which the
appointment is made
d. Attorney of record
- is a person practicing law who has
been appointed by a person or entity to
represent them on the court or legal
procedures, appear in the court in behalf
of a client, sign the documents as attorney
to the client, etc. and who has not been
removed or otherwise discontinued at that
time
e. Counsel de officio
- a counsel, appointed by the court from
among such members of the bar in good
standing who, by reason of their
experience and ability, may adequately
defend the accused
f. Counsel de parte
- a lawyer or attorney engaged by a
party to represent the latter in a case
g. Amicus Curiae (Latin)
- friend of court
- an advisor to the court on some matter
of law who is not a party to the case,
usually someone who wants to influence
the outcome of a lawsuit involving matters
of wide public interest
h. Amicus Curiae Par Excellence
- association of amicus curiae
i. Of counsel
- is often the title of an attorney who is
employed by a law firm or organization,
but is not an associate or a partner
j. Lead counsel
- an attorney approved by the court to
be responsible for overseeing all aspects
of the litigation for a party
k. Pro se (Latin)
- for himself
- a party to a lawsuit who represents
himself (acting in propria persona)
- appearing for oneself, as in the case of
one who does not retain a lawyer and
appears for himself in court
l. Trial lawyer
- a person who specializes in defending
clients before a court of law
Admission to Practice
Power to admit applicants to the practice of law
 The power to admit applicants to the
practice of law is judicial in nature and
involves the exercise of judicial discretion.
The authority to decide who may be
admitted to the bar naturally and logically
belongs to the judiciary represented by
the Supreme Court in view of the nature of
its judicial function and in the role played
by attorneys in the administration of
justice.
Limitations (Section 5 of Article VIII):
a. simplified and inexpensive procedures
for speedy disposition of cases;
b. uniform for all courts of the same
grade;
c. shall not diminish, increase or modify
substantive rights
Integration of the Bar
The Supreme Court has the inherent
power to integrate the Philippine Bar in
the exercise of its power to promulgate
rules concerning pleading, practice and
procedure in all courts and the admission
to the practice of law.
Purpose of the integration of the Bar:
a. Assist in the administration of justice;
b. Foster and maintain on the part of its
members high ideals of integrity,
learning, professional competence,
public service and conduct;
c. Safeguard the professional interests of
its members;
d. Cultivate among its members a spirit
of cordiality and brotherhood;
e. Provide a forum for the discussion of
law, jurisprudence, law reform,
pleading, practice and procedure, and
the relations of the Bar and the Bench
and to the public, and publish
information relating thereto;
f. Encourage and foster legal education;
g. Promote a continuing program of legal
research in substantive and adjective
law, and make reports and
recommendations thereon; and
h. Enable the Bar to discharge its public
responsibility effectively.
Integration of the Bar will, among other
things, make it possible for the legal
profession to:
a. Render more effective assistance in
maintaining the rule of law;
b. Protect lawyers and litigants against
the abuses of tyrannical judges and
prosecuting officers;
c. Discharge fully and properly, its
responsibility in the disciplining and/or
removal of incompetent and unworthy
judges and prosecuting officers;
d. Shield the judiciary, which traditionally
cannot defend itself except within its
own forum, from the assaults that
politics and self-interest may level at
it, and assist it to maintain its integrity,
impartiality and independence;
e. Have an effective voice in the selection
of judges and prosecuting officers;
f. Prevent the unauthorized practice of
law, and break up any monopoly of
local practice maintained through
influence or position;
g. Establish welfare funds for families of
disabled and deceased lawyers;
h. Provide placement services, and
establish legal aid offices and set up
lawyer reference services throughout
the country so that the poor not lack
competent legal service;
i. Distribute educational and
informational materials that are
difficult to obtain in many of our
provinces;
j. Devise and maintain a program
continuing legal education for
practicing attorneys in order to elevate
the standards of the profession
throughout the country;
k. Enforce rigid ethical standards, and
promulgate minimum fees schedules;
 l. Create law centers and establish law
libraries for legal research;
m. Conduct campaigns to educate the
people in their legal rights and
obligations, on the importance of
preventive legal advice, and on the
functions and duties of the Filipino
lawyer; and
n. Generate and maintain pervasive and
meaningful country-wide involvement
of the lawyer population in the solution
of the multifarious problems that afflict
the nation.
Persons entitled to practice law
Any person who has been duly licensed as
a member of the bar and who is in good
and regular standing is entitled to practice
law (Section 1, Rule 138 of the Rules of
Court).
Requirements for the applicants:
a. He/she must be a citizen of the
Philippines;
b. At least twenty-one years of age;
c. Of good moral character;
d. A resident of the Philippines; and
e. Must produce before the Supreme
Court satisfactory evidence of his good
moral character and no charges
against him, involving moral turpitude,
have been filed or are pending in any
court of the Philippines.
Other requirements:
a. Pass the bar examinations
b. Take the lawyers oath before the
Supreme Court en banc
c. Sign in the roll of attorneys
d. Receive a certificate from the Clerk of
the Supreme Court of his license to
practice
Where non-lawyers may practice law
Allowed limited representation on behalf
of another:
a. A party may conduct his litigation
personally or with the aid of a friend or
agent appointed by him for that
purpose. In case of the latter, such is
allowed only if the representation is
made before the inferior courts
(MTCs). But the agent or friend may
not hold himself out as habitually
engaged in representing a party for
that will constitute unauthorized
practice of law. Moreover, in criminal
cases, if a party cannot afford the
services of a counsel de parte, he shall
be provided a counsel de officio;
b. In localities where a duly licensed
member of the bar is not available, the
municipal trial court hearing a criminal
case may, in its discretion admit or
assign a person (who is not a member
of the bar), resident of the province
and of good refute for probity and
ability, to aid the defendant in his
defense;
c. Under the Labor Code, a union
representative may appear for his
organization or any of its members
before the National Labor Relations
Commission, labor arbiter or arbitrator;
d. A person representing a land claimant
in cadastral court;
e. In case of law student practice as
permitted by the rules;
f. In case of those authorized to
represent the government.
Public officials prohibited from engaging in
private practice of law:
a. Judges and other officials or employees
of the court;
b. Officials and employees of the Office of
the Solicitor General;
c. Government prosecutors;
d. President, Vice-President, members of
the cabinet, their deputies and
assistants;
e. Members of the Constitutional
Commissions;
f. Ombudsman and his deputies;
 g. All governors, city and municipal
mayors;
h. Those who by special law are
prohibited from engaging in the
practice of their profession.
Importance in knowing who may be allowed to
practice law
Assure the public that only those who
have the ability, learning and sound
character will handle the very delicate
task of law advocacy, and forbidding
incompetent and dishonest practitioners
to embark in the practice of law.
As the practice of law is invested with
public interest, it is therefore the right and
duty of the state to regulate and control it
so that public welfare will be served and
promoted.
Attorneys do not profess to know all the
law, or to be incapable of error or mistake
in applying it to the facts of every case, as
even the most erudite and skillful justice
of court would hardly be able to come up
to that standard.
Law Students Practice
Conditions
Rule 138-A
- a law student who has successfully
completed his 3rd 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, 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
- the appearance of the law student
shall be under the direct control and
supervision of a member of the Integrated
Bar of the Philippines duly accredited by
the law school
- 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
Requirements:
a. He must have successfully completed
his 3rd year of the regular four-year
curriculum;
b. He must be enrolled in the clinical
legal education program as approved
by the Supreme Court in a recognized
school;
c. His appearance must be pro bono or
one without compensation;
d. His clients should be indigents who
have been accepted by the legal clinic
of the law school;
e. His appearance must at all times be
accompanied and supervised by a
supervising attorney who is accredited
by the law school concerned.
Rationale behind the Law Student Practice
Rule:
a. To ensure that there will be no
miscarriage of justice as a result of
incompetence or inexperience of law
students, who, not having as yet
passed the test of professional
competence, are presumably not fully
equipped to act as counsels on their
own;
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
c. To ensure consistency with the
fundamental principle that no person is
allowed to practice a particular
profession without possessing the
qualifications, particularly a license,
required by law.
Section 34, Rule 138
- in the court of justice of the peace, a
party may conduct his litigation in person,
with the aid of an agent or friend
appointed by him for that purpose, or with
the aid of an attorney
- in any other court, a party may
conduct his litigation personally or by aid
 of an attorney, and his appearance must
be either personal or by a duly authorized
member of the bar
- a law student may appear before an
inferior court as an agent tor fiend of a
party without the supervision of a member
of the bar
Privilege Communication
The rules safeguarding privileged
communication between attorney and
client shall apply to similar
communications made to or received by
law students, acting for the legal clinic.
Standard of Conduct and Supervision
The law student is required to comply with
the standards of professional conduct
governing members of the bar.
Failure of an attorney to provide adequate
supervision of student practice may be
ground for disciplinary action.
Practice of Law
Definition of Law Practice
Practice of Law
- involves carrying on of the calling of an
attorney, usually for compensation, acting
in a representative capacity and rendering
service to another
- rendition of services requiring the
knowledge and the application of legal
principles and technique to serve the
interest of another with his consent
- not limited to appearing in court or
advising or advising in the conduct of
litigation, but embraces the preparation of
pleadings, and other papers incident to
actions and special proceedings,
conveyancing, the preparation of legal
instruments of all kinds, and the giving of
legal advice to clients
- embraces all advice to clients and all
actions taken for them in matters
connected with the law
- existence of an attorney-client relationship
Criteria for the Practice of Law
1. Habituality
customarily or habitually holding
oneself out to the public as a lawyer
more than an isolated appearance, for
it consists in frequent or customary
action, a succession of acts of the
same kind
habitual exercise
2. Compensation
one must have presented himself to be
in the active practice and that his
professional services are available to
the public for compensation, as a
source of his livelihood or in
consideration of his services
charging for services such as
preparation of documents involving
the use of legal knowledge and skill is
within the term of practice of law
one who renders an opinion as to the
proper interpretation of the statute
and receives pay for it is practicing law
3. Application of law, legal principle, practice,
or procedure which calls for legal
knowledge, training and experience is
within the term practice of law.
4. Attorney-client relationship
where a lawyer undertakes an activity
which requires knowledge of law but
involves no attorney-client
relationship, such as teaching law or
writing law books or articles, he cannot
be said to be engaged in the practice
of his profession as a lawyer
giving of legal advice for compensation
regarding the legal status and rights of
another and ones conduct with
respect thereto constitutes practice of
law
providing information about foreign
laws on marriage, divorce and
adoption which entails explaining to
the client the intricacies of the law
and advising him or her on the proper
course of action falls squarely within
the jurisprudential definition of the
practice of law
What is Not Considered Practice of Law
gratuitous furnishing of legal aid to the
poor and unfortunates who are in pursuit
of any civil remedy, as a matter of charity,
does not constitute practice of law
mere records of realty to ascertain what
they may disclose without giving any
opinion or advice as to the legal effects of
what they may be found, does not
constitute the practice of law
an ordinary preparation and drafting of
legal instruments which does not involve
the determination by a trained legal mind
of the legal effects of facts and conditions,
or whenever such acts involve the use of
skills and intellect by a legal mind trained
and schooled in a legal school of training
likewise does not constitute practice of
law
work that involves only the clerical labor
of filling in the blanks on stereotyped
form or a mere mechanical act of copying
from a file copy or finished document
which involves no legal thing, is not
considered legal practice
Importance of Knowing What Practice of
Law is
to determine whether by the services
render by one, a client-lawyer relationship
has been established so as to entitle a
lawyer to the payment of his fees
may be the basis of filing an action for
usurpation of official functions against one
who, not being a member of the bar duly
licensed to practice law by the Supreme
Court, represents himself as a lawyer to
the public and performs acts pertaining to
a lawyer by means of deception to the
prejudice of the bar, the public as well as
the administration of justice
there are legal remedies available for
unauthorized practice of law to include
injunction, declaratory relief, contempt of
court, or disqualification and complaints
for disbarment
a criminal complaint for estafa may be
filed against a person who falsely
represented to be an attorney to the
damage of a party
any of these proceedings maybe
initiated by an aggravated or
interested party or by the bar
association
Regulation of Practice of Law
Article VIII of the 1987 Constitution
(Section 5, Subsection 5)
Promulgate rules concerning the
protection and enforcement of constitutional
rights, pleading, practice, and procedure in all
courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the
underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not
diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
BAR DISCIPLINE
Nature
The power to discipline a lawyer is judicial in
nature and can be exercised only by the courts. It
cannot be defeated by the legislative or
executive departments.
Objectives
To ascertain that a lawyer still possesses
the qualifications which are conditions
precedents for the continuous practice of
law;
To compel the lawyer to deal fairly and
honestly with the court and his client,
requiring him to be competent, honorable
and reliable;
To deter others from similar misconduct;
and
To protect the court and the public from
the misbehavior of its officers.
Authorities
The Supreme Court, the Court of Appeals
and the Regional Trial Courts have the
authority and power to warn, admonish,
reprimand and suspend an attorney.
The power to disbar a lawyer is exclusive
and only the Supreme Court can exercise
such power.
Forms of Disciplinary Measures (WARS-CDIP)
 Warning

- act of fact of putting one on his guard Interim Suspension

against an impending danger, evil
consequence or penalty - temporary suspension of a lawyer from
the practice of law pending imposition of
final discipline

Admonition Includes:

- gentle or friendly reproof, mild rebuke, suspension upon conviction of a

warning, reminder, or counselling on a serious crime; or
fault, error, oversight
suspension when the lawyers
- expression of authoritative advice continuing conduct is or is likely
to cause immediate and serious
injury to a client or public
Reprimand

- public form and formal censure or Probation

severe reproof, administered to a person
at fault by his superior officer or the body - sanction that allows a lawyer to
to which he belongs practice law under specified conditions

Other Sanctions and Remedies (RALARRO)

Suspension Restitution
- temporary withholding of a lawyers Assessment of costs
right to practice his profession as a lawyer
for a certain period or for an indefinite Limitation upon practice
period of time
Appointment of a receiver

Requirement that a lawyer take the bar

Definite examination or professional responsibility
examination
Indefinite
Requirement that lawyer attend
- qualified disbarment continuing education courses

- lawyer determines for himself
how long or how short his
suspension shall last by proving to
court that he is once again fit to
resume practice of law
Other requirements that the highest court
or disciplinary board deems consistent
with the purposes of the sanctions

The fact that the complainant manifested that

he is no longer interested to pursue the
Censure administrative case against the respondent would
not render the case moot.
- official reprimand
Nature of the Proceedings (Suspension and
Disbarment)
Disbarment sui generis
- act of the Supreme Court of neither purely civil nor purely
withdrawing from an attorney the right to criminal
practice law
do not involve a trial of an action or
- name of the lawyer is stricken out from
a suit, but are rather investigations
the Roll of Attorneys
 by the Court into the conduct of
one of its officers
not a criminal prosecution because
they are not intended to inflict
punishment
Whatever has been decided in a
disbarment case cannot be a source of
action that may be enforced in another
action.
In pari delicto rule not applicable.

not a civil action because there is No prejudicial question in disbarment

neither plaintiff nor respondent proceedings.

Penalty in a disbarment case cannot be in

the alternative.
confidential
Monetary claims cannot be granted,
Three-fold purpose of the except restitution and return of monies
confidentiality: and properties of the client given in the
course of the lawyer-client relationship.
To enable the court to make its
investigation free from any Grounds
extraneous influence or
interference; 1) Rule 138, Section 27 of the Revised Rules
of Court
To protect the personal and
Deceit
professional reputation of attorneys
from baseless charges of Malpractice or other gross misconduct
disgruntled, vindictive and in office
irresponsible persons or clients by
prohibiting the publication of such Grossly immoral conduct
charges pending their final
resolution

To deter the press from publishing 2) Other Statutory Grounds

the charges or proceedings based
thereon for even a verbatim
reproduction of the complaint
against an attorney in a newspaper
may be actionable.
Acquisition of an interest in the subject
matter of the litigation, either through
purchase or assignment (Article 1491,
Civil Code).

Characteristics Breach of professional duty,

Neither a civil nor a criminal proceeding.
Double jeopardy cannot be availed of in a
disbarment proceeding against an
attorney, since disbarment does not
partake of a criminal proceeding.
Can be initiated motu proprio by the
Supreme Court or by the IBP. It can be
initiated without a complaint.
inexcusable negligence, or ignorance, or
for the revelation of the clients secrets
(Article 208, Revised Penal Code).
Representing conflicting interests
(Article 209, Revised Penal Code).
Exception: When there is consent from the
party or client.

Can proceed regardless the interest or 3) Lawyers Misconduct in His Private

lack of interest of the complainants if the
facts proven so warrant.
Imprescriptible.
Conducted confidentially until its final
determination.
It is itself a due process of law.
Capacity
General Rule: A lawyer may not be
suspended or disbarred for misconduct in
his non-professional or private capacity.
Exception: If the misconduct is so gross as
to show him to be wanting in moral
character, honesty, probity and demeanor.
 4) Misconduct Before or Incident to
Admission
A lawyer may be disbarred from
misrepresentation of or false pretense
relative to the requirements for
admission to practice.
The fact that he lacked any of the
qualifications for membership in the
bar as the time he took his oath is
aground for his disbarment.
5) Misconduct Committed Outside Philippine
Jurisdiction
A Philippine lawyer may be admitted to
the bar in a foreign country. In such
case, he may practice law in both
countries.
If he commits misconduct outside the
Philippine jurisdiction, which is also a
ground for disciplinary action under
Philippine law, he may be suspended
or disbarred in this country.
Suspension and Disbarment of Lawyers Holding
Government Office
General Rule: A lawyer who holds a
government office may not be disciplined as a
member of the Bar for misconduct in the
discharge of his duties a government official.
Exception: If the misconduct of a government
official is of such a character as to affect his
qualification as a lawyer or to show moral
delinquency, then he may be disciplined as a
member of the Bar upon such ground.
Exception to the Exception: The exception
does not apply impeachable officials like
Supreme Court Justices, Members of the
Constitutional Commission and Ombudsman
because they can be removed only by
impeachment.
CANON 1: A LAWYER SHALL UPHOLD THE
CONSTITUTION, OBEY THE LAWS OF THE LAND
AND PROMOTE RESPECT FOR LAW OF AND LEGAL
PROCESSES.
CANON 2: A LAWYER SHALL MAKE HIS LEGAL
SERVICES AVAILABLE IN AN EFFICIENT AND
CONVENIENT MANNER COMPATIBLE WITH THE
INDEPENDENCE, INTEGRITY AND EFFECTIVENESS
OF THE PROFESSION.
CANON 3: A LAWYER IN MAKING KNOWN HIS
LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DISNIFIED AND OBJECTIVE
INFORMATION OR STATEMENT OF FACTS.
CANON 4: A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE
ADMINISTRATION OF JUSTICE.
CANON 5: A LAWYER SHALL KEEP ABREAST OF
LEGAL DEVELOPMENTS, PARTICIPATE IN
CONTINUING LEGAL EDUCATION PROGRAMS,
SUPPORT EFFORTS TO ACHIEVE HIGH
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS
AND ASSIST IN DISSEMINATING THE LAW AND
JURISPRUDENCE.
CANON 6: THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE
DISCHARGE OF THEIR TASKS.
CANON 7: A LAWYER SHALL AT ALL TIMES
UPHOLD THE INTEGRITY AND DISGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE
ACTIVITIES OF THE INTEGRATED BAR.
CANON 8: A LAWYER SHALL CONDUCT HIMSELF
WITH COURTESY, FAIRNESS AND CANDOR
TOWARDS HIS PROFESSIONAL COLLEAGUES, AND
SHALL AVOID HARASSING TACTICS AGAINST
OPPOSING COUNSEL.
CANON 22: A LAWYER SHALL WITHDRAW HIS
SERVICES ONLY FOR GOOD CAUSE UPON NOTICE
APPROPRIATE IN THE CIRCUMSTANCES.

CANON 9: A LAWYER SHALL NOT, DIRECTLY OR

INDIRECTLY ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.

CANON 10: A LAWYER OWES CANDOR,

FAIRNESS AND GOOD FAITH TO THE COURT.

CANON 11: A LAWYER SHALL OBSERVE AND

MAINTAIN THE RESPCET DUE TO THE COURTS
AND TO JUDICIAL OFFICERS AND SHOULD INSIST
ON SIMILAR CONDUCT OF OTHERS.

CANON 12: A LAWYER SHALL EXERT EVERY

EFFORT AND CONSIDER IT HIS DUTY TO ASSIST IN
THE SPEEDY AND EFFICIENT ADMINISTRATION OF
JUSTICE.

CANON 13: A LAWYER SHALL RELY UPON THE

MERITS OF HIS CAUSE AND REFRAIN FROM ANY
IMPROPRIETY WHICH TENDS TO INFLUENCE, OR
GIVES THE APPEARANCE OF INFLUENCING THE
COURT.

CANON 14: A LAWYER SHALL NOT REFUSE HIS

SERVICES TO THE NEEDY.

CANON 15: A LAWYER SHALL OBSERVE

CANDOR, FAIRNESS AND LOYALTY IN ALL HIS
DEALINGS AND TRANSACTIONS WITH HIS
CLIENTS.

CANON 16: A LAWYER SHALL HOLD IN TRUST

ALL MONEYS AND PROPERTIES OF HIS CLIENT
THAT MAY COME INTO HIS PROFESSION.

CANON 17: A LAWYER OWES FIDELITY TO THE

CAUSE OF HIS CLIENT AND HE SHALL BE MINDFUL
OF THE TRUST AND CONFIDENCE REPOSED IN
HIM.

CANON 18: A LAWYER SHALL SERVE HIS CLIENT

WITH COMPETENCE AND DILIGENCE.

CANON 19: A LAWYER SHALL REPRESENT HIS

CLIENT WITH ZEAL WITHIN THE BOUNDS OF THE
LAW.

CANON 20: A LAWYER SHALL CHARGE ONLY

FAIR AND REASONABLE FEES.

CANON 21: A LAWYER SHALL PRESERVE THE

CONFIDENCE AND SECRETS OF HIS CLIENT EVEN
AFTER THE ATTORNEY-CLIENT RELATION IS
TERMINATED.