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The term practice of law is incapable of exact meaning. Blacks Law defines
"practice of law" as: the rendition of services requiring the knowledge and the
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 and 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 all legal advice to clients. It embraces all advice to clients
and all actions taken for them in matters connected with the law. An attorney engages in
the practice of law by maintaining an office where he is held out to be-an attorney, using
a letterhead describing himself as an attorney, counselling clients in legal matters,
negotiating with opposing counsel about pending litigation, and fixing and collecting
fees for services rendered by his associate.
To better understand the practice of law the court has laid down its general
principles and doctrines as follow:
1. To engage in the practice of law is to do any of those acts
which are characteristic of the legal profession.
2. Any activity in or out of court which requires the application
of law, legal principle, practice or procedure and calls for
legal knowledge, training and experience. (Cayetano vs
Monsod)
3. It is not limited to the conduct of cases in court.
4. Includes legal advice, counseling, and the preparation of
legal instruments and contracts by which legal rights are
secured, which may or may not be pending in court.
5. Strictly
speaking,
the
word practice
of
law
implies
vs.
Villanueva
14 SCRA 111)
in
the
practice
of
client relationship.
Legal advice and instructions is what lawyers provide to clients.
This generally
involves advising the client about the clients particular matter, or recommending or
advising the client to take a certain action.
Legal information can be said to be giving information that is a legal fact, such as
the legal age of when a person ceases to be a minor.
The practice of law is the giving of legal advice to a particular individual or entity.
Offering legal advice to the general public is not considered the unauthorized practice of
law. The advice has to be tailored to a specific person. Therefore, whether good or
bad, you will find legal advice by non-lawyers all over Internet, on news stands and TV
News, offered to the general public.
Actually defining legal advice is very difficult and there is no definition that is
uniformly accepted. The Internet has made defining the term even more difficult due to
the fact that everyone is assumed to know the law so stating laws and providing legal
information is available throughout the Internet on legal and non-legal sites alike.
Defining what is legal advice is difficult; however, examples of legal advice
which may include:
explaining the legal obligations of the parties under the real estate sales contract;
explaining the meaning of legal terms used in taking title to property or advising
the parties to the transaction which way to take title to the property;
explaining the legal obligations of the parties under the loan documents;
explaining the legal effect of an item reported as an exception in a title
commitment;
instructing or assisting a party in the completion of a legal document if to do so
Preparation
for
clients
advice
for
in
the
practice
of
in
the
practice
of
his
profession as a lawyer.
Characteristics
of
term
Practice
of
Law
The phrase practice of law implies
customarily
or
habitually
Private practice consists of frequent and customary actions, more than an isolated
appearance.
It
An
isolated
appearance
laymans
representation
as
defense counsel in a criminal case is invalid and the conviction of the accused may
be set aside, as violative of due process.
Representation before the court
Practice
of
law,
1. Rendering of
as
services
to
person, natural or juridical, in court on any matter through various stages and in
accordance with rules of procedure.
2. Appearance before the court.
3. Preparation and filing of a pleading, motion, memorandum, or brief.
4. Examination of witnesses and presentation of evidence.
5. Management and control of the
proceedings in court.
Representation before other agencies
Appearances before any quasi-judicial, administrative, or legislative agency
constituting practice of law:
1. Interpretation and application of laws.
2. Presentation of evidence to establish certain facts.
3. Representing an applicant for registration of trademark, trade
name, or
service mark in
the
before
quasi-judicial
or
No valid distinction can be drawn between part of the work involving appearance
in court and that part involving advice and drafting of instruments in his office.
Practice of law need not be habitual services in litigations in court. A
persons
past
work
experiences as