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CHAPTER
Requirements “before admission to the bar” or
1
for continuous
What is “practice of law”, etc.
• The Court ruled that the term “practice of law”
practice
oneselfofout to the public as a lawyer for
implies customarily
consideration of hisor services.
habituallyThe holding
Court further
law?compensation
may be shown as by aactssource of livelihood
indicative of thator in
purpose,
ruled that holding
appearing in courtone’s self out as a of
in representation lawyer
a client, or
such
officeas identifying
for the general oneself
practice as attorney,
of law. ​ Atty. Noe​-
associating
[2011] oneself as a partner of a law
Lacsaman v. Atty. Busmente,
• Any activity, in and out of court, that A.C. No.requires
7269 the
knowledge, training and experience. Moreover, we
application
law is to performof law, legalthose procedure,
acts which are
ruled that toorengage
give notice renderin thekind
any practice of which
of service,
characteristics
degree of the profession; to practice law is
device or service requires the
knowledge use in
or skill. any of Atty.
​ Query
to
of legal
352​ RTC
• The practice of law Silverio​
is notBuffe,
limited A.M.to No.
the 08​ 6​
conduct of
[2009]
the preparation of pleadings and other papers
cases or litigation inof
the management court;
suchitactions
embraces and proceedings
incident
courts, and to actions
in and special proceedings,
• Inongeneral,
behalf of all clients
advice beforeto clients,judges
and and
all action taken
addition,
law xxx. ​ Aguirre v.
for1036
them in matters connected with the
. June
conveyancing.
Rana, B. M. No.
Who10, may
2003
• Section 1, Rule 138 of the Rules of Court provides:
practice
heretofore duly admitted asperson
a member of the bar, or
Who may practice
accordance with law.
the – Any
provisions of this Rule, and who
law?thereafter
entitled to admitted as such in
is in good and regular standing, is
practice
Passing thelaw.bar
• A bar candidate does not acquire the right to
exam is not enough
examinations. Theby practice
practice
passedlaw thesimply passingofthe
bar examinations,
lawbar
if the
is a privilege that
person seeking
can be withheld even from one who has
license.
admission
• True, respondenthad practiced
here passed law without
the 2000 a Bar
However,
Examinations it is the
and took signing in the Roll
the lawyer’spassedoath.Attorneys
of that
lawyer. The fact that respondent the bar
finally
bar is not makes the oneonlyaqualification
full​fledged to become an attorn
examinations
that two essential is immaterial.
requisitesPassing the
for becoming a lawyer
ey​at​law. Respondent should know
still had to be performed, namely: his

Pahina 2 ng 27

lawyer’s oath to be administered by this Court and


Aguirre v. Rana, B. M. No.
his signature in the Roll of Attorneys. –
1036. of
Signing June
the10, 2003 Oath is /not
Lawyer’s
• Respondent AbadPage should1 know that27the
equivalent tohis
constitute “taking the oath”
admission to the Philippine
circumstances
should know which heessential
that two has narrated do notBar
requisites for
and
the right to practice law thereafter. He