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. Factors 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 asof 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 partys 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 lawyers 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