ETHICS Assignment #1

1. What are the requirements for admission to the bar?

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2. Lawyer’s Oath (Memorize)
- “I ____________, do solemnly swear that I will maintain allegiance to the Republic of
the Philippines; I will support its Constitution and obey the laws as well as the legal
orders of the duly constituted authorities therein; I will do no falsehood, nor consent to
the doing of any in court; I will not wittingly or willingly promote or sue any groundless,
false or unlawful suit, nor give aid nor consent to the same; I will delay no man for
money or malice and will conduct myself as a lawyer according to the best of my
knowledge and discretion with all good fidelity as well to the courts as to my clients; and
I impose upon myself this voluntary obligation without any mental reservation or
purpose of evasion. So help me God.”
3. Four – fold duties of a lawyer (memorize)
4. Sec. 20, Rule 138 (memorize)
5. Read Sec. 27, Rule 138
6. In your own handwriting define the following (use yellow paper):

1. Bar & Bench

The term bar refers to the whole body of attorneys and counselors, collectively, the members of
the legal profession
The term bench denotes the whole body of judges
2. Bar Admission
An 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
3. Lawyer
A general term for a person trained in the law and authorized to advise or represent others in
legal matters.
4. 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.
5. Practicing Lawyer
One engaged in the practice of law.
6. Attorneys-at-Law
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
7. 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.
8. Counsel de Oficio
A lawyer appointed by the court to render free legal assistant to an indigent litigant who cannot
afford to pay for legal representation.
9. Attorney – Ad Hoc
A person named and appointed by the court to defend an absentee defendant in the suit in
which the appointment is made
10. Attorney of Record
one who has filed a notice of appearance and who hence is formally mentioned 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.
11. Of Counsel
to distinguish them from attorneys of record, associate attorneys are referred to as “of counsel”
12. 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.
13. House Counsel
Lawyer who acts as attorney for business though carried as an employee of that business and
not as an independent lawyer.
14. 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.
15. 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.
16. 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.
17. Integrated Bar of the Philippines
The the national organization of lawyers in the Philippines. It is the mandatory bar association
for Filipino lawyers.
18. Moral Turpitude
An act of baseness, vileness, or depravity in the private and social duties which a man owes to
his fellow men, or to society in general, contrary to the accepted and customary rule of right and
duty between man and man.
19. Ambulance Chasing
Refers to solicitation of almost any kind of legal business by laymen employed by an attorney for
the purpose or by the attorney himself
20. Barratry
The offense of frequently exciting and stirring up quarrels and suits, either at law or otherwise.
21. Champertous Contract
It is when lawyer stipulates with his client that in the prosecution of the case, he will bear all the
expenses for the recovery of things or property being claimed by the client and the latter agrees
to pay the former a portion of the thing/property recovered as compensation.
22. Quantum Meruit
Means "as much as he deserves", and is used as the basis for determining the lawyer's
professional fees in the absence of a contract, but recoverable by him from his client.
23. Doctrine of Double Deontology
 is an approach to Ethics that focuses on the rightness or wrongness of actions themselves, as
opposed to the rightness or wrongness of the consequences of those actions or to the character
and habits of the actor
24. Doctrine of Imputed Knowledge
The knowledge acquired by an attorney during the time that he is acting within the scope of his
authority is imputed to the client
25. Gross Misconduct

26. Charging Liens

is the equitable right of an attorney to have fees and costs due to him for services in a particular
suit secured by the judgment or recovery in such suit.