3.

Attorney's Lien
The right of a lawyer to hold a client's property or money until payment has been made for legal aid and a
dvice given.
In general, a lien is a security interest used by a creditor to ensure payment by a debtor for money owed.
Since an attorneyis entitled to payment for services performed, the attorney has a claim on a client's prop
erty until compensation is dulymade.
A charging lien is an attorney's right to a portion of the judgment that was won for the client through profe
ssional services. Itis a specific lien and only covers a lawyer's claim on money obtained in a particular acti
on.
A retaining lien is more general in its scope. It extends to all of a client's property that an attorney might c
ome intopossession of during the course of a lawsuit. Until an attorney is compensated for services, he or
she has a claim or interestin such property.

5. Practice without admission

General Rule: Only those who are licensed to practice law can appear and
handle cases in court.

Exceptions:
1. Before the MTC - a party may conduct his case or litigation in person with
the aid of an agent or friend appointed by him. [Sec. 34, Rule 138]
2. Before any other court – a party may conduct his litigation personally.
[Sec. 34, Rule 138]. He is bound by the same rules in conducting the trial of his
case. He cannot, after judgment, claim that he was not properly represented.

3. In a criminal case before the MTC – in a locality where a duly licensed

member of the Bar is not available, the judge may appoint a non-lawyer who is
a resident of that province, of good repute for probity and ability to represent
the accused in his defense. [Sec. 7, Rule 116]

4. Student Practice Rule - A law student who has successfully completed his
3rd year of the regular 4-year prescribed law curriculum and is enrolled in a
recognized law school’s clinical legal education program approved by the SC
– may appear without compensation in any civil, criminal or administrative case
before any trial court, tribunal, board or officer, to represent indigent clients
accepted by the Legal Clinic of the school. [Sec. 1, Rule 138-A] The student
shall be under the direct supervision and control of a member of the IBP duly
accredited by the law school. [Sec. 2]

5. Under the Labor Code – non-lawyers may appear before the NLRC or any
Labor Arbiter if they
(a) represent themselves;
(b) represent their organization or members thereof [Art. 222, PD 442]
6. A non-lawyer or layman may represent a claimant before the Cadastral
Court [Sec. 9, Act. No. 2259]
7. Any official or other person appointed to appear for the Government of the
Philippines in accordance with law shall have all the rights of a duly authorized
member of the bar in any case in which said government has an interest [Sec.
33, Rule 138].