Legal Ethics Notes

Legal Ethics Notes: PRELIMINARIES LEGAL ETHICS – It is a branch of moral science which treats of the duties which anattorney owes to the court, to his client, to his colleagues in the profession and to the public as embodied in the Constitution, Rules of Court, the Code of Professional Responsibilities, Canons of Professional Ethics, jurisprudence, moral laws and special laws. Original Bases of Legal Ethics 1.Canons of Professional Ethics 2.Supreme Court Decisions 3.Statistics 4.Constitution 5.Treaties and Publications Present Basis of Philippine Legal Ethics – The Code of Professional Responsibility. It is the embodiment into the code of the various pertinent and subsisting rules, guidelines and standards on the rule of conduct of lawyers which must be observed by all members of the Bar in the exercise of his profession whether in or out of Court as well as in their public and private lives Practice of Law - - Any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to give noticeor render any kind of service, which device or service requires the use in any degree of legalknowledge or skill (Cayetano v. Monsod, 201 SCRA 210). Bar Admission – act by which one is licensed to practice before courts of a particular state or jurisdiction after satisfying certain requirements such as bar examinations, period of residency or admission on grounds of reciprocity after period of years as member of bar of another jurisdiction (Black Law Dictionary Sixth Edition, p.149). Lawyer – This is the general term for a person trained in the law and authorized to advise or represent others in legal matters. Trial Lawyer – A lawyer who personally handles cases in court, administrative agencies or boards which means engaging in actual trial work either for the prosecution or for the defense of cases of clients. Practising Lawyer – One engaged in the practice of law. All trial lawyers are practicing lawyers, but not all practicing lawyers are trial lawyers

Client – One who engages the services of a lawyer for legal advice or for purposes of prosecuting or defending a suit in his behalf and usually for a fee. Attorney-at-Law/Counselor-atlaw/lawyer/attorney/counsel/abogado/boceros – that class of persons who are by license officers of the courts, empowered to appear, prosecute and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence (Cui v. Cui, 120 Phil. 729). Attorney-in-fact – an agent whose authority is strictly limited by the instrument appointing him, though he may do things not mentioned in his appointment necessary to the performance of the duties specifically required of him by the power of attorney appointing him, such authority being necessarily implied. He is not necessary a lawyer. Counsel de officio - a counsel, appointed or assigned by the court, from among members of the Bar in good standing who, by reason of their experience and ability, may adequately defend the accused Note: In localities where members of the Bar are not available, the court may appoint any person,resident of the province and of good repute for probity and ability, to defend the accused. [Sec. 7 Rule 116, Rules of Court (1985)] Attorney ad hoc – a person named and appointed by the court to defend an absentee defendantin the suit in which the appointment is made ( Bienvenu v. Factor’s Traders Insurance Corp., 33 La. Ann. 209) Attorney of Record – one who has filed a notice of appearance and who hence is formallymentioned in court records as the attorney of the party. Person whom the client has named as his agent upon whom service of papers may be made. (Reynolds v. Reynolds. Cal. 2d580). Of Counsel – to distinguish them from attorneys of record, associate attorneys are referred to as“of counsel” ( 5 Am. Jur. 261 ) Lead Counsel – The counsel on their side of a litigated action who is charged with the principal management and direction of a party’s case. House Counsel – Lawyer who acts as attorney for business though carried as an employee of that business and not as an independent lawyer. Amicus curiae – a friend of the court, not a party to the action; is an experienced and impartial attorney invited by the court to appear and

help in the disposition of the issues submitted to it. It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts which might otherwise escape its notice and in regard to which it might go wrong. Amicus curiae par excellence – bar associations who appear in court as amici curiae or friends of the court. Acts merely as a consultant to guide the court in a doubtful question or issue pending before it. Bar Association – an association of members of the legal profession. Advocate – The general and popular name for a lawyer who pleads on behalf of someone else. Barrrister (England) – a person entitled to practice law as an advocate or counsel in superior court. Solicitor (England) – A person prosecuting or defending suits in Courts of Chancery. Solicitor (Philippines) – A government lawyer attached with the Office of the Solicitor General. Proctor (England) – Formerly, an attorney in the admiralty and ecclesiastical courts whose duties and business correspond to those of an attorney at law or solicitor in Chancery. Titulo de Abogado – it means not mere possession of the academic degree of Bachelor of Lawsbut membership of the Bar after due admission thereto, qualifying one for the practice of law. Admission to the Practice of Law In re Edillion 84 SCRA 568 The practice of law is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyer’s public responsibilities. The power of admission to the practice of law is vested by the Constitution in the Supreme Court ART. VIII, Sec. 5(5): The Supreme Court shall have the following powers: (5) Promulgate rules concerning the protection and enforcement pf 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