Counselor-at-Law One retained by a party in a cause of
Legal Ethics: Basic Definition
of Terms
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.
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.