LEGAL PROFESSION REVIEWER
conduct continuing legal education programs.
Chapter 1: Introduction
Legal Profession is a branch of the
administration of justice whose main purpose is
to aid in the doing of justice according to law
between state and the individual and between
man and man. This is the reason why legal
profession is affected with public interest.
Nature of an Attorney
- an advocate/counsel
- aids in the administration of justice
-inherent in our judicial system
- class of persons who are licensed constituted
officers or courts of justice, and who are
empowered to appear, prosecute and/or
defend someone and on whom peculiar duties,
responsibilities and liabilities are devolved by
law in consequence.
- officer of the court, advocate of justice
Legal Profession as a Subject
-introduces to a law student the ethical and
moral obligations of a lawyer to the court, to
his client, to his colleagues in the bar and to the
society.
Brief History of Legal Education in the
Philippines
Sources of Philippine legal education
 Spain (Roman Civil Law and Canon Law
 US (English common law)
 Indo-Malayan influence (Islamic law)
 Code of Kalantiao
- formally began with establishment of Faculty
of Civil Law at the UST in 1733.
- 1910: UP College of Law opened with 50
Filipino and American students.
-1964: RA 3870 created UP Law Center to
Legal research and publications.
-1993: RA 7662 or the Legal Education Act
emphasizes on advocacy, legal counseling,
ethics, quality of law school, law curriculum etc.
- Mandatory Continuing Legal Education (MCLE)
–applicable to all members of the IBP.
Chapter 2: THE STUDY OF LAW
Basic skills and qualities required in the study
of law
a. Dreams/ Ambition
-no place for half-heartedness in law school
b. Perseverance
- time management
-sacrifice
-priorities
c. Patience
Basic tool to study Law and to pass the Bar
a. Language – the instrument by which we
understand, analyze and express the law.
b. Logic or Critical Analysis- accurately evaluate
certain state of facts
c. Law- keep abreast with current laws and
jurisprudence of the country
Chapter 3: Nature of the Legal Profession
I. Practice of Law is a Profession
- profession: group of men pursuing a learned
art as a common calling in the spirit of public
service
- a form of public trust, the performance of
which is entrusted only to those who are
qualified and who possess good moral
character.
Ideas involved in a profession
1. organization- bar associations
2. learning
3. spirit of public service
Legal profession; a privilege and right
- privilege granted to deserving
individuals, conferred only for merit and good
moral character
-membership in the bar is a privilege
burdened with conditions and carries with it the
responsibility to live up to its exacting standards
and honored traditions.
Standards of the Legal Profession
1. Independence
- a lawyer must represent his client with zeal
within the bounds of the law
2. Accessibility
- legal services must be made available to all
and at the earliest possible time.
-readiness of members to engage in public
service
3. Learning
- competence and diligence
Chapter 4: Practice of Law
Definition: Practice of Law is the rendition of
services requiring the knowledge and
application of legal principles and technique to
serve the interest of another with his consent. It
is not limited to appearing in court or advising
or assisting in the conduct of litigation, but
embraces the preparation of pleadings, and
other papers incident to actions and special
proceedings, conveyancing the preparation of
legal instruments of all kinds, and the giving of
legal advice to clients. (Black’s Law)
-presupposes the existence of a client-attorney
relationship
- customary or habitual holding out oneself to
the public as a lawyer, and demanding payment
for such services. It is more than an isolated
transaction.
Criteria for the practice of Law by Justice Padilla
1. habituality
2. compensation
3. application of law, legal principle, practice, or
procedure which calls for legal knowledge,
training and experience.
4. attorney-client relationship
Modern concept of practice of law
- any activity in or out of court, which requires
the application of law, legal procedure,
knowledge, training and experience.
NOT considered practice of law:
 Gratuitous furnishing of legal aid to the
poor and unfortunate
 Mere records of realty
 Ordinary preparation and drafting of
legal instruments
 Clerical tasks
Chapter 5: Admission to Practice
Par.5, Sec.5, Art. VIII of the 1987 Constitution
provides that the Supreme Court has the
power, among others, to promulgate rules
concerning the protection and enforcement of
constitutional rights, pleading, practice and
procedure in all courts, the admission to the
practice of law, the Integrated Bar, and legal
assistance to the underprivileged.
Limitations:
a) simplified and inexpensive procedures for
speedy disposition of cases
b) uniform for all courts of the same grade
c) shall not diminish, increase or modify
substantive rights
The Congress can enact laws regulating the
practice of law to protect the public and
promote the public welfare. But may not pass a
law that will control the SC in the performance
of its function to decide who may enjoy the
privilege of practicing law.
Integration of the Bar
 SC has the inherent power to integrate
the Philippine Bar
 Means the official unification of the
entire lawyer population of the
Philippines
 Requires membership and financial
support
 Signifies the setting up by government
authority of a national organization of
the legal profession
Purpose:
1. assist in the administration of justice
2. foster and maintain high ideals of
integrity, learning, professional
competence, public service and conduct
among its members
3. safeguard the professional interests of its
members
4. cultivate a spirit of cordiality and
brotherhood
5. provide a forum for the discussion of law,
jurisprudence, law reform, pleading,
practice and procedure and the relations of
the Bar to the Bench and to the public, and
publish information
6. encourage and foster legal education
7. promote continuing program of legal
research
8. enable the Bar to discharge its public
responsibilities effectively
Persons entitled to practice Law
 Must be a member of the bar and is
in good and regular standing
Requirements for admission to the bar:
1. Filipino citizen
2. at least 21 years of age
3. of good moral character
4. a Philippine resident
5. satisfactory evidence of good moral
character
 Good Moral Character:
- at least common honesty
- not only a condition precedent for
admission to the profession but
must remain intact to maintain
one’s good standing
 Decency, truthfulness and
responsibility=moral character
 Educational requirement= 4 year
law study
Non- Lawyers that may practice law
1. a party may conduct his litigation personally
or with the aid of a friend or agent
2. in localities with no member of the bar is
available, the MTC may assign a person,
resident of the province and of good refute for
probity and ability
3. a union representative
4. a person representing a land claimant
5. law student practice
6. representative of the government
Public officials prohibited from engaging in
private practice of law
1. judges and other officials or employees of the
court
2. officials and employees of the OSG
3. govt prosecutors
4. President, VP, cabinet members, their
deputies and assistants
5. members of Con Com
6. Ombudsman and deputies
7. governors, city and ,municipal mayors
8. those prohibited by special law
Chapter 6: Bar Examinations
Nature and Extent
1. Political law 15%
2. Labor law 10%
3. Civil law 15%
4. Taxation 10%
5. Commercial law 15%
6. Criminal law 10%
7. Remedial law 20%
8. Legal Ethics and Practical Exercises 5%
 Average grade: at least 75% in all
subjects and without failing below 50%
in any subject
 Bar Examination Committee-composed
of SC Justice as chairman and 8
members of the bar who serve as
examiners in the 8 subjects.
-Bar confidant-acts as liaison between
SC and the Chairman and the individual
members of the committee
- prepares the questions
-correction of the examination papers
-give grades
-submit papers to the bar confidant
Chapter 7: Law Student’s Practice
Under Rule 138-1, 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 SC,
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.
Requirements:
1) successfully completed 3rd year of the
regular four-year curriculum
2)must be enrolled in the clinical legal
education program
3)appearance must be pro bono
4) clients should be indigents
5) appearance must at all times be
accompanied and supervised by a
supervising attorney
Chapter 8: Duties and Privileges of a
Lawyer
1. Code of Professional Responsibility
I. The Lawyer and the Society
Canon 1: A lawyer shall uphold the
Constitution, obey the laws of the land and
promote respect for law and legal processes
II. The Lawyer and the Legal Profession
III. The Lawyer and the Courts
2. Four-fold Duties of a Lawyer
1. Duties towards the courts
2. Duties towards the society
3. Duties towards his colleagues in the
profession
4. Duties to his client

3. Privileges of an Attorney
1. right and privilege to practice law
during good behavior before any
judicial, quasi-judicial or admin tribunal
2. presumption of regularity in the
discharge of functions
3. immunity from liability to third
person
4. statements are absolutely privileged
5. right to protest in a respectful
manner
6. first grade civil service eligibility
Chapter 9: The IBP
3. grossly immoral conduct
4. conviction of a crime involving moral
turpitude
5. violation of oath of office
6. willful disobedience of any lawful order of a
superior court
7. corrupt or willful appearance as an attorney
 The disbarment of an attorney is not
necessarily a permanent disability. He
may afterwards be reinstated on proper
application or on petition showing that
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