1 - History of Legal Profession

 

HISTORY OF LEGAL PROFESSION IN THE

PHILIPPINES By:

VIRNEE JOY AGOT AGOT AND LOUELA L. ALLANIC LLB STUDENTS

 

HOW WAS LEGAL PROFESSI PROFESSION ON REGARDED IN THE PAST? 

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Plato

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Napoleon

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Peter the Great

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Henry VI

 

LEGAL PROFESSION ISSUES

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A business not a profession Great quantity but poor quality of lawyers in the country Professional responsibility

 

PRESTIGIOUS PROFESSION

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Broadest background for leadershipeducational in the community Natural leader of the community Generally,, only 20%-30% of the examinees Generally examinee s pass

 

THE CASE OF CAYETANO VS. MONSOD

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Facts: Christian Monsod was nominated by President Aquino as COMELEC Commissioner, but the nomination was contested contest ed for the reason that Monsod had not been practicing law for at least ten years. Although Monsod had been working using his legal expertise, he did not work in litigation.

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Issue: Was Monsod’s engagement in the practice of law for ten years sufficient to qualify him to become COMELEC Commissioner?

 

THE CASE OF CAYETANO VS. MONSOD

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Ruling: The Supreme Court said that practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. Although Monsod was not a litigation lawyer, his experiences as a lawyer-economist, lawyer-economist, a lawyer“ past work experiences manager, a lawyer-entrepreneur of industry, a lawyernegotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the constitutional  requirement that he has been engaged in the practice of law   for at least ten ten years.”

 

THE CASE OF CAYETANO VS. MONSOD

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Decision: The Commission on the basis of evidence submitted doling the public hearings on Monsod's confirma confirmation, tion, implicitly determined that that he possessed the necessary qualifications as required by law. The judgment rendered by the Commission in the ex exercise ercise of such an acknowledged power is beyond judicial interference except only upon a clear showing of a grave abuse of  discretion amounting to lack or excess of jurisdiction. In view of the foreg foregoing, oing, this petition is hereby DISMISSED.

 

Is the legal profession the most prestigious profession? Why?

 

LEGAL PROFESSION IN ENGLAND AND WALES

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The legal profession in England and Wales is composed of two divisions, solicitors and barristers Judges exercise supervision over attorneys and solicitors Solicitors’ profession is subject to close control from judiciary and parliament

 

LEGAL PROFESSION IN ENGLAND AND WALES  •

Inns of Court possess the charact c haracteristics eristics of guilds of  advocates advocat es and are delegated delegated with w ith control of the education, administration, administration, and discipline of  advocates

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A “call to the bar” of an Inn gave a barrister a right of audience before the judges Barristers have a monopoly of the right of audience Barristers in the superior courts. Higher judicial offices and the law offices of the are filled from their rank

 

LEGAL PROFESSION IN ENGLAND AND WALES 

Difference between two branches (bar and solicitor) •

The bar has no right of direct access to clients; the clients can only approach, consult, or instruct a barrister through a solicitor

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Solicitors do nine-tenths of the work, they practice in partnership with clients

 

LEGAL PROFESSION IN ENGLAND AND WALES

The Bar 1. Queen’ Queen’ss Counsel “Silks” or “Leaders” 1. Barristers “Juniors.” Q.C’s (appointed upon recommendation of the Lord Chancellor)

 

LEGAL PROFESSION IN ENGLAND AND WALES 

 

LEGAL EDUCATION IN THE PHILIPPINES

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Roman Civil Law and Canon Law of the Catholic Church

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English Common Law

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Islamic Law

 

LEGAL EDUCATION IN THE PHILIPPINES

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1734 – First Law courses was offered in the country 1734 – (Pontifical University of Sto. Tomas) Spanish language was used 1910-law courses was conducted in English at YMCA (forerunner of the College of Law at University of  the Philippines)

 

LEGAL EDUCATION IN THE PHILIPPINES

Admission to College of Law •

Legal Education refers to formal training which goes into making of a lawyer

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Completion of baccalaureate program (four year course) in arts and sciences is a requiremen requirementt before admission to College of Law which leads to Bachelor of Laws degree

 

LEGAL EDUCATION IN THE PHILIPPINES

BAR EXAMINATION •

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Bar examination examination is governed by the Rules of Court

The training that law schools give to the students is basically preparatory to bar examination

 

TEACHING METHOD

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Clinical Method

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Case Method

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Modified Socratic Method English as medium of instruction

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Class attendance is compulsory

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Law Review

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Moot court competitions

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EDUCATION IN LAW

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Are developments which relate to education in the law

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Regular in-service training programs

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Popularizing the law

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Barangay Baranga y Legal Education Workshops

 

THE LAW TEACHER 

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Teaching arm of legal profession

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Responsible for training future lawyers

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Research for deeper underst Research understanding anding of the law Critical study on the emerging e merging trends and areas for reform Law teachers bear the heavy responsibility of  setting the example of moral rectitude