Escolar Documentos
Profissional Documentos
Cultura Documentos
Rigor Pascual
1st set of syllabus
TOPIC
The concept of
practice of law
CASE
Cayetano vs Monsod
Aguirre vs Rana
DOCTRINES/NOTES
no jurisprudence as to what constitute practice of law as a legal qualification
to an appointive office.
The rendition of services requiring knowledge and the application of legal
principles and techniques to serve the interest of another with his consent it
is not limited to appearing in court, or advising and assisting in the conduct
of litigation, but embraces the preparation of pleadings and other paper
incident to action and special proceedings, conveyancing, the preparation of
legal instruments of all kinds, and the giving of all legal advice to clients. It
embraces all advice to clients and all actions taken for them in matters
connected with the law.
Any activity in and out of the court, which requires the application of law,
legal procedure, knowledge, training, and experience. To give notice or
render any kind of service, which device or service requires the use of any
degree of legal knowledge.
Practice of law is not limited to the conduct of cases in court.
Performance of any acts in and out of court.
All advice to clients, and all taken for them in matters connected with the law
is considered.
Where the work done involves determination by the trained legal mind of the
legal effect of facts and conditions.
Although no direct connection with court proceedings, they are always
subject or involved in litigation.
It is the signing of Roll of attorneys that finally makes one a full fledged lawyer. The
fact that respondent passed the bar examinations is immaterial. Passing the bar is
not the only qualification to become an attorney-at-law.
3 requisites to be a lawyer:
DLSU LAW
Practice of law is not a right but a privilege bestowed by state upon those who show
that they possess and continue to possess, the qualifications required by law for
that privilege; burdened with conditions.
The purpose of suspending or disbarring an attorney is to remove from the
profession a person whose misconduct has proved him unfit to be entrusted with
the duties and responsibilities belonging to an office of an attorney, and protect the
public and those charged with the administration of justice, rather than to punish the
attorney.
Legal profession should refrain from doing any act which might lessen in any
degree the confidence and trust reposed by the public in the fidelity, honesty, and
integrity of the legal profession. An attorney may be disbarred or suspended fpr any
violation of his oath or his duties as an attorney or counselor.
Linsangan vs Tolentino
DLSU LAW
In relation to
(Rule 1.03 of CPR)
Lawyer shall not, for any corrupt motive or interest, encourage any suit or
proceeding or delay any man's cause.
This amounts to Ambulance Chasing
Rule 8.02 CPR
Lawyers should not steal another lawyers client nor induce the latter to retain him
by a promise of better service, good result or reduced fees for his services.
MONEY LENDING VENTURE
GR: lawyer should not lend money to his client
EXP: interest of justice; advancing necessary expenses for a matter that he is
handling for the client.
- otherwise, may lead lawyer to consider his own recovery rather than of his
client.
Khan vs Simbillo
DLSU LAW
CALLING CARD
Lawyers best advertisement is a well-merited reputation for professional capacity
and fidelity to trust based on his character and conduct.
1. lawyers name
2. law firm
3. address
4. telephone number
5. special branch of law
Elements distinguishing legal profession from business:
Law Student
Practice
(Rule 138-A)
Non-lawyers in
court
DLSU LAW
Cruz vs Mina
LAWLIST
Must be a reputable law list published primarily for that purpose.
It cannot be mere supplemental feature of a paper, magazine, trade, journal or
periodical which is published principally for other purposes. Lawyer may not
properly publish his brief biographical and informative data in a daily paper,
magazine, trade, journal or society program.
There is really no problem with the application of these two laws:
SEC 34; RULE 138 non-lawyer as a friend or agent of party litigant is allowed.
SEC 138-A provides conditions when a law student (as friend or agent) appears.
Cruz vs Mijares
Sec 34, rule 138 is clear that appearance before inferior courts by non-lawyer is
allowed, irrespective of whether or not he is a law student, a succinctly clarified
therein.
SEC 34, RULE 138
- right of individual to represent himself in any case to which he is a party.
- Sny party may conduct his litigation personally or with the aid of an attorney,
and that his appearance must either be personal or by duly authorized
member of the bar.
- The individual litigant may personally do everything in the course of
proceedings from commencement to the termination of the litigation.
Santos vs Lacurom
Rule 138-A never intended to repeal section 34 when it released the guidelines for
limited law student practice. It was intended as an addendum to the instance when
a non-lawyer may appear in courts and was incorporated to ROC thru 138-A.
A party may conduct his litigation personally or by aid of an attorney, and that his
appearance must either be personal or by duly authorized member of the bar.
A partys representation on his own behalf is not considered to be a practice of law
as one does not practice of law by acting for himself, any more than he practices
medicine by rendering first aid to himself
Non-lawyers in
administrative
tribunals
Proceedings
where lawyers
are prohibited
from appearing
Kanlaon Construction
Enterprises Co., Inc, vs
NLRC
Magno vs Velasco-jacoba
DLSU LAW
DLSU LAW
Catu vs rellosa
Abella vs Cruzabra
Lim-Santiago vs Sagucio