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LEGAL PROFESSION REVIEWER -1964: RA 3870 created UP Law Center to

conduct continuing legal education programs.


Legal research and publications.
Chapter 1: Introduction
-1993: RA 7662 or the Legal Education Act
Legal Profession is a branch of the emphasizes on advocacy, legal counseling,
administration of justice whose main purpose is ethics, quality of law school, law curriculum etc.
to aid in the doing of justice according to law
between state and the individual and between - Mandatory Continuing Legal Education (MCLE)
man and man. This is thereason why legal –applicable to all members of the IBP.
profession is affected with public interest.
Chapter 2: THE STUDY OF LAW
Nature of an Attorney
Basic skills and qualities required in the study
- an advocate/counsel of law

- aids in the administration of justice a. Dreams/ Ambition

-inherent in our judicial system -no place for half-heartedness in law school

- class of persons who are licensed constituted b. Perseverance


officers or courts of justice, and who are
empowered to appear, prosecute and/or - time management
defend someone and on whom peculiar duties,
-sacrifice
responsibilities and liabilities are devolved by
law in consequence. -priorities
- officer of the court, advocate of justice c. Patience
Legal Profession as a Subject Basic tool to study Law and to pass the Bar
-introduces to a law student the ethical and a. Language – the instrument by which we
moral obligations of a lawyer to the court, to understand, analyze and express the law.
his client, to his colleagues in the bar and to the
society. b. Logic or Critical Analysis- accurately evaluate
certain state of facts
Brief History of Legal Education in the
Philippines c. Law- keep abreast with current laws and
jurisprudence of the country
Sources of Philippine legal education
Chapter 3: Nature of the Legal Profession
 Spain (Roman Civil Law and Canon Law
 US (English common law) I. Practice of Law is a Profession
 Indo-Malayan influence (Islamic law)
- profession: group of men pursuing a learned
 Code of Kalantiao
art as a common calling in the spirit of public
- formally began with establishment of Faculty service
of Civil Law at the UST in 1733.
- a form of public trust, the performance of
- 1910: UP College of Law opened with 50 which is entrusted only to those who are
Filipino and American students. qualified and who possess good moral
character.
Ideas involved in a profession legal instruments of all kinds, and the giving of
legal advice to clients. (Black’s Law)
1. organization- bar associations
-presupposes the existence of a client-attorney
2. learning relationship
3. spirit of public service - customary or habitual holding out oneself to
the public as a lawyer, and demanding payment
Legal profession; a privilege and right
for such services. It is more than an isolated
- privilege granted to deserving transaction.
individuals, conferred only for merit and good
Criteria for the practice of Law by Justice Padilla
moral character
1. habituality
-membership in the bar is a privilege
burdened with conditions and carries with it the 2. compensation
responsibility to live up to its exacting standards
and honored traditions. 3. application of law, legal principle, practice, or
procedure which calls for legal knowledge,
Standards of the Legal Profession training and experience.
1. Independence 4. attorney-client relationship
- a lawyer must represent his client with zeal Modern concept of practice of law
within the bounds of the law
- any activity in or out of court, which requires
2. Accessibility the application of law, legal procedure,
knowledge, training and experience.
- legal services must be made available to all
and at the earliest possible time. NOT considered practice of law:
-readiness of members to engage in public  Gratuitous furnishing of legal aid to the
service poor and unfortunate
 Mere records of realty
3. Learning
 Ordinary preparation and drafting of
- competence and diligence legal instruments
 Clerical tasks

Chapter 5: Admission to Practice


Chapter 4: Practice of Law
Par.5, Sec.5, Art. VIII of the 1987 Constitution
Definition: Practice of Law is the rendition of provides that the Supreme Court has the
services requiring the knowledge and power, among others, to promulgate rules
application of legal principles and technique to concerning the protection and enforcement of
serve the interest of another with his consent. It constitutional rights, pleading, practice and
is not limited to appearing in court or advising procedure in all courts, the admission to the
or assisting in the conduct of litigation, but practice of law, the Integrated Bar, and legal
embraces the preparation of pleadings, and assistance to the underprivileged.
other papers incident to actions and special
proceedings, conveyancing the preparation of Limitations:
a) simplified and inexpensive procedures for 7. promote continuing program of legal
speedy disposition of cases research

b) uniform for all courts of the same grade 8. enable the Bar to discharge its public
responsibilities effectively
c) shall not diminish, increase or modify
substantive rights Persons entitled to practice Law

The Congress can enact laws regulating the  Must be a member of the bar and is
practice of law to protect the public and in good and regular standing
promote the public welfare. But may not pass a
law that will control the SC in the performance Requirements for admission to the bar:
of its function to decide who may enjoy the
1. Filipino citizen
privilege of practicing law.
2. at least 21 years of age
Integration of the Bar
3. of good moral character
 SC has the inherent power to integrate
the Philippine Bar 4. a Philippine resident
 Means the official unification of the
entire lawyer population of the 5. satisfactory evidence of good moral
Philippines character
 Requires membership and financial
support  Good Moral Character:
 Signifies the setting up by government - at least common honesty
authority of a national organization of - not only a condition precedent for
the legal profession admission to the profession but
must remain intact to maintain
Purpose: one’s good standing
 Decency, truthfulness and
1. assist in the administration of justice responsibility=moral character
 Educational requirement= 4 year
2. foster and maintain high ideals of
law study
integrity, learning, professional
competence, public service and conduct Non- Lawyers that may practice law
among its members
1. a party may conduct his litigation personally
3. safeguard the professional interests of its or with the aid of a friend or agent
members
2. in localities with no member of the bar is
4. cultivate a spirit of cordiality and available, the MTC may assign a person,
brotherhood resident of the province and of good refute for
probity and ability
5. provide a forum for the discussion of law,
jurisprudence, law reform, pleading, 3. a union representative
practice and procedure and the relations of
the Bar to the Bench and to the public, and 4. a person representing a land claimant
publish information
5. law student practice
6. encourage and foster legal education
6. representative of the government
Public officials prohibited from engaging in -give grades
private practice of law -submit papers to the bar confidant

1. judges and other officials or employees of Chapter 7: Law Student’s Practice


the court
Under Rule 138-1, a law student who
2. officials and employees of the OSG
has successfully completed his 3rd year
3. govt prosecutors of the regular four –year prescribed law
curriculum and is enrolled in a
4. President, VP, cabinet members, their recognized law school’s clinical legal
deputies and assistants education program approved by the SC,
may appear without compensation in
5. members of Con Com any civil, criminal or administrative case
before any trial court, tribunal, board or
6. Ombudsman and deputies
officer, to represent indigent clients
7. governors, city and ,municipal mayors accepted by the legal clinic of the law
school.
8. those prohibited by special law Requirements:
1) successfully completed 3rd year of the
Chapter 6: Bar Examinations regular four-year curriculum
2)must be enrolled in the clinical legal
Nature and Extent
education program
1. Political law 15% 3)appearance must be pro bono
4) clients should be indigents
2. Labor law 10% 5) appearance must at all times be
accompanied and supervised by a
3. Civil law 15% supervising attorney
4. Taxation 10%
Chapter 8: Duties and Privileges of a
5. Commercial law 15% Lawyer

6. Criminal law 10% 1. Code of Professional Responsibility


I. The Lawyer and the Society
7. Remedial law 20%
Canon 1: A lawyer shall uphold the
8. Legal Ethics and Practical Exercises 5% Constitution, obey the laws of the land and
promote respect for law and legal processes
 Average grade: at least 75% in all
subjects and without failing below 50% II. The Lawyer and the Legal Profession
in any subject
 Bar Examination Committee-composed III. The Lawyer and the Courts
of SC Justice as chairman and 8
members of the bar who serve as 2. Four-fold Duties of a Lawyer
examiners in the 8 subjects. 1. Duties towards the courts
-Bar confidant-acts as liaison between 2. Duties towards the society
SC and the Chairman and the individual 3. Duties towards his colleagues in the
members of the committee profession
- prepares the questions 4. Duties to his client
-correction of the examination papers
3. Privileges of an Attorney 3. grossly immoral conduct

1. right and privilege to practice law 4. conviction of a crime involving moral


during good behavior before any turpitude
judicial, quasi-judicial or admin tribunal
5. violation of oath of office
2. presumption of regularity in the
discharge of functions 6. willful disobedience of any lawful order of a
3. immunity from liability to third superior court
person
4. statements are absolutely privileged 7. corrupt or willful appearance as an attorney
5. right to protest in a respectful
manner  The disbarment of an attorney is not
6. first grade civil service eligibility necessarily a permanent disability. He
may afterwards be reinstated on proper
application or on petition showing that
Chapter 9: The IBP he has reformed himself.

Integration of the bar means unification of all


the lawyers in the Philippines.

 Membership and financial support

Chapter 10: Disciplinary Proceedings

 The SC is vested with the power to


suspend and/or disbar a lawyer.
 Lower courts may suspend but not
disbar lawyers

Disbarment- the act of the court in withdrawing


from an attorney the right to practice law.

Suspension- prohibiting an attorney from


practicing law for a certain period. (qualified
disbarment)

Primary Objectives of Disbarment and


Suspension

1. compel the attorney to deal fairly and


honestly with clients

2. remove from the profession a person proved


to be unfit

Common Grounds

1. deceit

2. malpractice and gross misconduct in office