ETHICS FAQS

1.Practice of Law embraces any activity, in or out of court, which requires the
application of law, legal procedure, knowledge, training and experience.
-it includes performing acts which are characteristics of the legal profession or
rendering any kind of service which requires the use of any degree of legal
knowledge or skill
2.Right to practice law is not a right but a privilege extended to those morally
upright and with the proper knowledge and skills.
Passing the bar is not the only qualification to become an attorney-at-law.
Two essential requisites for becoming a lawyer still had to be performed: his
lawyer’s oath and his signature in the Roll of Attorneys.
3.Right of the accused to defend himself or by counsel.
When a disbarred lawyer defends himself as an accused, he is not engaged in the
practice of law as he is not representing another person.
4.Sec 2 Rule 138-a or the Law Student Practice Rule
-the appearance of the law student authorized by this rule shall be under the direct
supervision and control of a member of the IBP duly accredited by the law school if
he appears in the RTC and other higher courts
-such supervision may only be dispensed with if he appears in an inferior court
Direct Supervision and Control
-means that a lawyer must be physically present before the court from the
beginning of the hearing session until it is adjourned
Family courts are not classified as inferior courts
-it is not sufficient that the lawyer only introduced the intern and then left her inside
the court
5.Disbarred lawyer is allowed to appear in his personal capacity as a party litigant,
being a co-heir.
-he is not in the practice of law because he is not representing another person.
His disbarment could not disqualify him from representing himself in court
=PRO SE PRACTICE OF LAW OR APPPEARANCE IN PROPRIA PERSONA
6.A lawyer may withdraw his services as a lawyer:
a. When the client pursues an illegal or immoral course in the conduct in connection
with the matter he is handling
b. A lawyer may withdraw his services if the client insists that the lawyer pursue
conducts that are violative of these canons and rules
c.