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Legal Ethics - practice of law

Q: What constitutes practice of law?

L E G A L E T H I C S.
Q: What is legal ethics? A: It is a branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws. (Justice George Malcolm) (1993, 1996 Bar Question) Q: What are the sources of ethical standards in the Philippine judiciary? A: 1. Primary a. Bar i. Canons of Professional Ethics ii. Code of Professional Responsibility b. Bench i. Canons of Judicial Ethics ii. Code of Judicial Ethics iii. New Code of Judicial Conduct for the Philippine Judiciary Other personnel Code of Conduct for Court Personnel A practicing lawyer is a member of the Philippine Bar who appears for and in behalf of parties in courts of law and quasi-judicial agencies. Q: What does the term practicing lawyer include? A: It includes: 1. Government employees and incumbent elective officials not allowed by law to practice. Lawyers who by law are not allowed to appear in court; Supervising lawyers of students enrolled in law student practice in duly accredited legal clinics of law schools and lawyers of Non-Government Organizations (NGOs) and Peoples Organizations (POs) who by the nature of their work already render free legal aid to indigent and pauper litigants; and Lawyers not covered under subparagraphs (i) to (iii) (of Sec. 4, B.M. 2012) including those who are employees in the private sector but do not appear for and in behalf of parties in courts of law and quasijudicial agencies. A: 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 v. Monsod, G.R. No. 100113, Sept. 3, 1991) Q: Who is a practicing lawyer? A: A practicing lawyer is one engaged in the practice of law, who by license is an officer of the court and is empowered to appear, prosecute and defend a clients cause.

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2. 3.

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Secondary a. Decisions/resolution of the Supreme Court b. Supreme Court Circulars c. Order/resolution of other courts d. IBP Issuances

Q: What is legal is moral. State your comment on the correctness or incorrectness of this proposition. A: The statement is not necessarily correct. There are several acts of a lawyer, which may be legal but not necessarily moral. This is precisely the purpose of the legal ethics, which governs the ethical and moral behavior of a lawyer. (1993 Bar Question)

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Q: Differentiate bar from bench. A: Bar refers to the whole body of attorneys and counselors, collectively, the members of the legal profession

I. PRACTICE OF LAW

Bench refers to the whole body of judges.

A. CONCEPTS

ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIR FOR MANAGEMENT AND FINANCE: JEANELLE C. LEE Facultad de Derecho Civil VICE CHAIRS FOR LAYOUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ

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