REVIEW POINTERS IN LEGAL AND JUDICIAL ETHICS

I. DEFINITION
1.) Legal Ethics- branch of moral science which treats of the duty that an attorney owes
to the court, to his clients, to his colleagues in the profession and to the public.
2.) Rule of Law- sometimes called the supremacy of the law provides that decisions
should be made by the application of known legal principles or laws without the
intervention of discretion in their application.
3.) Grossly Immoral Act- one that is so corrupt and false as to constitute a criminal act
or so unprincipled or disgraceful as to be reprehensible to a high degree.
4.) Barratry- The offense of frequently exciting and stirring up quarrels and suits, either
at law or otherwise.
5.) Ambulance chasing- the act of seeking out persons and advertising them to an
attorney in consideration of a percentage of the recovery.
6.) Practice of Law- any activity in or out of court which requires the application of laws,
legal procedure, knowledge, training and experience.
7.) Counsel de Officio- a lawyer appointed by the court to represent a party usually an
indigent accused in a criminal case.
8.) Attorney Ad Hoc- a person named and appointed by the court to defend an
absentee defendant in the suit in which the appointment is made.
9.) Attorney of record- attorney whose name appears in the record of the case as
representing a party.
10.) Counsel de Parte- a lawyer chosen by the party to represent him in a case.
11.) Amicus curiae- literally, a friend of the court. A lawyer appointed by the court not to
represent a party to the case, but to advise the court on intricate questions of laws
in a case that that the lawyer may have some expertise.
12.) Attorney-in-fact- an agent whose authority is limited by the instrument appointing
him, though he may do things not mentioned in his appointment necessary to the
performance of the duties specifically required of him by the power of attorney,
such authority being necessarily implied.
13.) Attorney-at-law- a person admitted to practice law and authorized to perform civil,
criminal and other legal functions for clients including drafting of legal documents,
giving of legal advice and representing such before the courts administrative bodies
and boards.

14.)Assumpsit - The action filed by a lawyer against his client for collection of attorney's fees.

II. The Lawyers Oath – MEMORIZE

III. Four-Fold Duties of a lawyer

a.) To the Court - To maintain towards it a respectful attitude, defend it from unjust
criticisms, uphold its authority and dignity, obey its orders and processes and assist in the
administration of justice.
b.) To the Bar - To observe candor, fairness, courtesy, and truthfulness in his conduct
towards fellow lawyers and uphold the honor of the profession.
c.) To the Client - To devote his action to the interest of the client manifest warmth and zeal
in the maintenance of the defense of his clients’ rights and exertion of interest, learning
ability to the end that nothing be taken or withheld from his client except that in accordance
with law. To provide zealous representation and preserve the clients’ secrets, funds and
property and avoid conflict of interests.
 d.) To the public - To be an example in the community for uprightness and be ready to
render legal aid, foster legal reforms, be a guardian of due process and be aware of his
special role in the solution of social problems.

IV.
a.) Practice of law is not a Business
It is a profession in which duty to public service not money is the primary
consideration. Lawyering is not meant to be a money making venture and law advocacy is
not a capital that necessarily yields profits.

b.) The following elements distinguish the legal profession from business -
1. A duty of public service of which the involvement is a by-product and in which one
may attain the highest eminence without making much money.
2. A relation as an officer of the Court to the Administration of Justice involving
thorough sincerity, integrity and reliability.
3. A relation to clients in the highest degree of fiduciary.
4. A relation to colleagues at the Bar characterized by candor, fairness and
unwillingness to resort to current business methods of advertising and
encroachment in their practice, or dealing directly with their clients.

II.

a.) Mandatory Continuing Legal Education (MCLE)

It is the rule promulgated by the Supreme Court requiring all lawyers with a few exceptions
to earn 36 units of legal education every three (3) years. Its purposes is to ensure that members of
the Bar keep abreast with laws and jurisprudence, maintain the ethics of the profession and enhance
the standards of the practice of law.

b.) The following are exempted from MCLE:

1. The President and the Vice President of the Philippines, and the Secretaries and
Undersecretaries of Executives Departments;

2. Senators and Members of the House of Representatives;

3. The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired
members of the judiciary, incumbent members of the Judicial and Bar Council and
incumbent court lawyers covered by the Philippine Judicial Academy program of continuing
judicial education;

4. The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the
Department of Justice;

5. The Solicitor General and the Assistant Solicitor General;

6. The Government Corporate Counsel, Deputy and Assistant Government Corporate
Counsel;

7. The Chairmen and Members of the Constitutional Commissions;

8. The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the
Special Prosecutor of the Office of the Ombudsman;

9. Heads of government agencies exercising quasi-judicial functions;

10. Incumbent deans, bar reviews and professors of law who have teaching experience for at
least 10 years accredited law schools;

11. The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial
Lectures of the Philippine Judicial Academy; and

12. Governors and Mayors.