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University

of San
Carlos
School of
Law and

Governance
College of Law

Midterm Group Activity


for
Legal Profession

Submitted to:

Atty. Amy Rose Soler-Rellin

Submitted by:
Alvarez, Gaena Marie
Baccay, Jerico
Cole, Danica Rose
Compra, Erlene
Jacobe, Lester
Montilla, Mykah
Palma, Jasmine Clarissa
Tan, Chunche
2. Fields of Law and the corresponding aptitudes, competencies, skills or qualities a
lawyer should possess to succeed in each.
FIELDS OF LAW
Criminal Law

Practice in the
Academe

COMPETENCIES, APTITUDES, SKILLS OR


QUALITIES A LAWYER should possess to succeed in
each field.
1. Ability to diagnose and plan solutions for legal criminal
problems.
2. High level of written and communication skills.
Sentence structure, chronological formation of events,
multiple written forms, and reports are all a part of this
field.
3. Analytical and Logical reasoning. The ability to
interpret laws, reports, statistical information, and
multiple forms and regulations is a high priority.
4. Interpersonal skills and leadership. Especially serving
the client honestly, capably and responsibly.
5. Time Management
6. Computer legal research
1. Comprehensive legal knowledge and experience.
2. Legal Research. Researching legal concepts, case law,
judicial opinions, statutes, regulations and other
information and keep updated to conduct efficient and
broad discussion to students.
3. Interpersonal skills. Cultivating relationships with
students, colleagues and other faculty members.
4. Communication skills. Being able to communicate
clearly and effectively on paper or face-to-face with
students and other faculty members.

Labor Law

5. Technological affinity.
1. High-level of counseling, drafting and negotiation
skills. As lawyers will represent employers in matters
such as unfair labor practices, arbitrations,
and strike litigation.
2. Time management.
3. Communication skills. As lawyer will represent
employees on issues such as discrimination in
hiring, wrongful discharge, breach of
employment contract, etc.
4. Sensitivity to professional and ethical
concerns. As lawyers will handle cases such
as workplace libel and slander, employee
right to privacy etc.

Legal
Consultancy

1. Ability to obtain and keep clients.


2. Technological affinity. Advantage as an IT
consultant especially in developing legal
software.
3. Interpersonal skills and teamwork. The ability to
function in a multi-party work environment.
4. Time management. Law is demanding and hard work
especially in a consulting business where different
clients demands variety of needs.
5. Legal Research. Updates of the legal concepts, case
law, judicial opinions, statutes, regulations and other
information.
6. Top-notch organizational skills. The ability to sort,
order and manage large volumes of exhibits,
documents, files, evidence, data and other information.

Taxation
And
Corporate Law

1. Attention to detail. When lawyers draft contracts, a


single word in the wrong place can change the emphasis
of a clause and possibly the outcome for your client. A
lawyer is expected to have a thorough, accurate and
meticulous approach to their work.
2. Analytical and logical reasoning.
3. Image is vital. Project a professional and businesslike
personal brand.
4. Interpersonal skills. Any lawyer must be able to
communicate effectively with their client.
5. Financial literacy is essential. Knowledge in running a
business, balancing a ledger, understanding tax
principles, working with statistics and calculating profit
margins are useful in this field.
6. Highly skilled in counseling. As it involves advising

Family Law

7.
1.

2.

3.

4.

clients on the tax aspects of financing such as public


and private offerings, equity stakes and other
tax-oriented investments.
Technological affinity.
Must be skilled counselors and negotiators whose
success is often dependent upon their ability
to demonstrate genuine concern and
compassion for their clients and not to be
judgmental.
Comprehensive
legal
knowledge
and
experience. Family law often involves trial
work, and can overlap with many other
areas of law such as tax and estate
planning, real estate, corporate and finance,
contract, and criminal.
Problem solving skills with good common
sense, to find practical and commercial
solutions.
Must be prepared, and not easily rattled by
the unexpected granting the complexities of
various cases in family law.

3. Determine whether the following public officials can practice law concurrent
with their public posts. Supply the legal basis (legal provision) for each of your
answer.
a.

President, Vice-President, Members of the Cabinet, and their deputies or


assistants
Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

b.

Senators, Members of the House of Representatives


Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

c.

Members of the Constitutional Commission


Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

d.

Ombudsman and deputies


Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

e.

Judges and Justices


Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

f.

Retired Judges and Justices


Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or
employees of the superior court are not allowed to practice.

g.

Governors, City and Municipal Mayors


NO. Section 90 (a) of the Local Government Code provides that All
governors, city and municipal mayors are prohibited from practicing
their profession or engaging in any occupation other than the exercise
of their functions as local chief executives.

h.

Sanggunian Members
YES. Sec 90 (b) of LGC allows Sanggunian members to practice
their profession provided that as members of the bars they will not
appear as counsel in a civil case against the government (90b1),
appear as counsel for a government employee in a criminal case
(90b2), collect appearance fee in administrative proceedings of his
local government (90b3).

i.

Office of the Solicitor General officials and employees


NO. Section 35 of Rule 138 of the Rules of Court states that no judge
or other official or employee of the superior courts or of the Office of
the Solicitor General, shall engage in private practice as a member of
the bar or give professional advice to clients.

j.

Government prosecutors
NO. They are among certain attorneys not allowed to practice under
Section 35 of Rule 138 of the Rules of Courts.

4. Instances wherein non-lawyers are allowed to appear before the court or other
tribunals:
Section 34 of Rule 138 of the Rules of Court:
In the court of a 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.
Section 1 of Rule 138-A of the Rules of Court provides that 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 school's
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.
Section 2 of the said Rule provides that the appearance of the law student
authorized by this rule, shall be under the direct supervision and control 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.
Bar Matter 730 Circular No. 19: A law student may appear before an
inferior court, where the issues and procedure are relatively simple. In
inferior courts, a law student may appear in his personal capacity without
the supervision of a lawyer.

II. The Firm, a 1993 film adapted from a John Grisham novel of the same
title.
1. Identify 10 unethical, immoral or improper conduct of lawyers in the film.
1) Routinely altered financial documents.
2) Accepted money illegally earned --- much of the profit the firm
received is from money laundering, drug smuggling, and its ties to
the Chicago Mob.
3) Overcharge (overbilling) their clients for legal work.
4) Involved in mail fraud.

5) Worked with the Mob to cover up murders of any attorney who tried
to leave the firm or report the Bendini, Lambert, & Locke to the FBI
6) Sexual Infidelity
7) Hiding evidences (documents that relates to the murder of the
lawyers murdered by the firm).
8) Counsel or assist the client in conduct that the lawyer knows to be
illegal or fraudulent.
9) Engaged in the conduct involving dishonesty, fraud, deceit or
misrepresentation (Only 30% of the firms clients are real people,
some of the companies the firm invests in do not actually exist).
10) The home of the firms associates were wire-tapped and bugged to
monitor the actions of its employees.

2. Choose 5 of the acts in the preceding instruction. How should the lawyer
have done things differently? Explain.
1) Routinely altered financial documents.
The lawyer should not have altered any of the financial documents
because this is an act of dishonesty and greatly affects his credibility.
2) Overcharge (overbilling) their clients for legal work.
The lawyer should not have overcharged their clients because there is
an appropriate and corresponding fee for legal work.
3) Sexual Infidelity
A lawyer must always uphold the dignity of his profession so he
should not have engaged in such activities that would damage his
credibility.
4) Engaged in the conduct involving dishonesty, fraud, deceit or
misrepresentation.
The lawyer should have kept it in his mind that in the performance of
his duties, acts of dishonesty, fraud, deceit or misrepresentation are
negations to ones credibility
5) Counsel or assist the client in conduct that the lawyer knows to be
illegal or fraudulent.
As a lawyer, he should have guided his client in doing what is legal.

3. Is the film a realistic portrayal of the legal profession? Why or why not?
The film was based on a 1991 novel "The Firm written by John
Grisham. It could be realistic portrayal of the legal profession or it
could not be a realistic portrayal of the legal profession, both of them
have different reasons. It is realistic because sometimes it happens in
the real world. In fact there are many cases involving moral turpitude,
justice, power, seduced by money and things, or other instances
contrary to law which are present in the movie. Also men are
susceptible to crimes related to legal profession, especially those
country belonging to a "Third World, where money can almost buy
everything and people are very smart and can construct ideas whether
it is for good or bad. It may be happening now in the current
situation which is related to the movie. It can be unrealistic also
because the movie was too extreme that the circumstances and the
situations can be seen as impossible.

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