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Preliminary a. the term has a fixed and general
The law is not a trade nor a craft but a signification and refers to that
profession. class of persons who by license
Its basic ideal is to: are officers of the court
a. render public service b. who are empowered to appear,
b. secure justice for those who seek its prosecute and defend and on
aid whom peculiar duties,
The fulfillment of this obligation responsibilities and liabilities are
requires: devolved by law as a
a. professional standards be consequence
constantly inculcated among c. practices law or who acts
lawyers professionally in legal
b. the rules and ethics of the formalities, negotiations or
profession be collated into a body of proceedings, by authority of his
principles and made readily client
available to every attorney as his
manual of equipment without COUNSEL
which he cannot do his part to - an adviser, a person professionally
keep the law on the level of a engaged in the trial or management
profession. of a cause in court
- a legal advocate managing a case
Definitions at law
LEGAL ETHICS
- embodiment of all principles of Those who pass the Sharia Bar are
morality and refinement that should not entitled to be called Attorneys,
govern the conduct of every unless they have also been admitted to
member of the bar the Philippine Bar.
- living spirit of the profession, which
limits yet uplifts it as a livelihood COUNSEL DE PARTE
- branch of moral science which - is an attorney retained by a party
treats of the duties which an litigant, usually for a fee, to
attorney owes to the court, to his prosecute or defend his cause in
client to his colleagues in the court
profession and to the public. - the term implies freedom of
choice either in the part of the
MEMBER OF THE LEGAL attorney to decline or accept the
PROFESSION employment or on the
- Lawyer part of the litigant to continue or
- Attorney or Attorney-at-Law terminate the retainer any time.
- Advocate
- Barrister COUNSEL DE OFICIO
- Counsel or Counselor
- is an attorney appointed by the
- Proctor
- Solicitor court to defend an indigent
defendant in a criminal action
MEMBER OF THE PHILIPPINE BAR - to represent a destitute party in a
- commonly known as lawyer or case
attorney-at-law or counsel, Spanish - the term connotes little or no
other choice than the acceptance
of the indigent party of whoever is takes part in one of the most
appointed as his counsel important functions of the state
- unless excused therefrom by the the administration of justice
court, the discharge by the
designated attorney of the duty to Interest of the public requires
faithfully and conscientiously render that the function be faithfully
effective legal assistance in favor of discharged and rendered only by
such party those who are qualified, fit and
honest and who possess good moral
character.
ATTORNEY OF RECORD
- is the attorney whose name, - it is both a right and a duty of the
together with his address, is entered state to control and regulate it in order
in the record of a case as the to promote the public welfare
designated counsel of the party
litigant in the case and to whom SUPREME COURT
judicial notices relative thereto are - the Constitution vests this power of
sent control and regulation
- regulate the practice of law
OF COUNSEL - prescribe the qualifications of a
- is an experienced lawyer, who is candidate to and the subjects of the
usually a retired member of bar examinations
judiciary, employed by law firms as - decide who will be admitted to
consultant practice
- discipline, suspend or disbar any
AMICUS CURIAE unfit and unworthy member of the
- is an experienced and impartial bar
- reinstate any disbarred or
attorney invited by the court to
indefinitely suspended attorney
appear and help in the disposition of
- ordain the integration of the
issues submitted to it
Philippine bar
- it implies the friendly intervention of
- punish for contempt any person for
the counsel to call the attention of
unauthorized practice of law
the court to some matters of law or - exercise overall supervision of the
facts which might otherwise escape legal profession
its notice, and in regard to which it - can also exercise any other power
might go wrong as may be necessary to elevate the
standards of the bar and preserve
BAR - refers to the legal profession its integrity
BENCH means the judiciary
Note:
Power to regulate practice of law
LEGISLATURE in the exercise of its
PRACTICE OF LAW
- is a privilege impressed with public police power may, however, enact laws
interest regulating the practice of law to protect
Reason: An attorney who alone the public and promote the public
enjoys such privilege, owes duties welfare.
not only to his client but also to the
Note: The legislature may not pass a
court, to his brethren in the
law that will control the Supreme Court
profession and to the public and
in the performance of its function to - includes anything done contrary to
decide who may enjoy the privilege of justice, modesty or good morals
practicing law, and any law of that kind or to any vileness, baseness or
is unconstitutional as an invalid depravity in the private and social
exercise of the legislative power. duties that a man owes to his
fellowmen or society, contrary to
accepted rule of right and duty
between man and man