LEGAL PROFESSION
Chapter 1: Introduction
Legal Profession is a branch of the administration of justice whose main
purpose is to aid in the doing of justice according to law between state
and the individual and between man and man. This is the reason why
legal profession is affected with public interest.
Nature of an Attorney
- an advocate/counsel
- aids in the administration of justice
-inherent in our judicial system
- class of persons who are licensed constituted officers or courts of
justice, and who are empowered to appear, prosecute and/or defend
someone and on whom peculiar duties, responsibilities and liabilities are
devolved by law in consequence.
- officer of the court, advocate of justice
Legal Profession as a Subject
-introduces to a law student the ethical and moral obligations of a
lawyer to the court, to his client, to his colleagues in the bar and to the
society.
Brief History of Legal Education in the Philippines
Sources of Philippine legal education
 Spain (Roman Civil Law and Canon Law
 US (English common law)
 Indo-Malayan influence (Islamic law)
 Code of Kalantiao
- formally began with establishment of Faculty of Civil Law at the UST in
1733.
- 1910: UP College of Law opened with 50 Filipino and American
students.
-1964: RA 3870 created UP Law Center to conduct continuing legal
education programs. Legal research and publications.
-1993: RA 7662 or the Legal Education Act emphasizes on advocacy,
legal counseling, ethics, quality of law school, law curriculum etc.
- Mandatory Continuing Legal Education (MCLE) –applicable to all
members of the IBP.
Chapter 2: THE STUDY OF LAW
Basic skills and qualities required in the study of law
a. Dreams/ Ambition
-no place for half-heartedness in law school
b. Perseverance
- time management
-sacrifice
-priorities
c. Patience
Basic tool to study Law and to pass the Bar
a. Language – the instrument by which we understand, analyze and
express the law.
b. Logic or Critical Analysis- accurately evaluate certain state of facts
c. Law- keep abreast with current laws and jurisprudence of the country
Chapter 3: Nature of the Legal Profession
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I. Practice of Law is a Profession - competence and diligence

- profession: group of men pursuing a learned art as a common calling in

the spirit of public service
Chapter 4: Practice of Law
- a form of public trust, the performance of which is entrusted only to
those who are qualified and who possess good moral character. Definition: Practice of Law is the rendition of services requiring the
knowledge and application of legal principles and technique to serve the
Ideas involved in a profession interest of another with his consent. It is not limited to appearing in
court or advising or assisting in the conduct of litigation, but embraces
1. organization- bar associations the preparation of pleadings, and other papers incident to actions and
special proceedings, conveyancing the preparation of legal instruments
2. learning of all kinds, and the giving of legal advice to clients. (Black’s Law)
3. spirit of public service -presupposes the existence of a client-attorney relationship
Legal profession; a privilege and right - customary or habitual holding out oneself to the public as a lawyer, and
demanding payment for such services. It is more than an isolated
- privilege granted to deserving individuals, conferred only for
transaction.
merit and good moral character
Criteria for the practice of Law by Justice Padilla
-membership in the bar is a privilege burdened with conditions
and carries with it the responsibility to live up to its exacting standards 1. habituality
and honored traditions.
2. compensation
Standards of the Legal Profession
3. application of law, legal principle, practice, or procedure which calls
1. Independence for legal knowledge, training and experience.
- a lawyer must represent his client with zeal within the bounds of the 4. attorney-client relationship
law
Modern concept of practice of law
2. Accessibility
- any activity in or out of court, which requires the application of law,
- legal services must be made available to all and at the earliest possible legal procedure, knowledge, training and experience.
time.
NOT considered practice of law:
-readiness of members to engage in public service
 Gratuitous furnishing of legal aid to the poor and unfortunate
3. Learning  Mere records of realty
 Ordinary preparation and drafting of legal instruments
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 Clerical tasks
Chapter 5: Admission to Practice
Par.5, Sec.5, Art. VIII of the 1987 Constitution provides that the
Supreme Court has the power, among others, to promulgate rules
concerning the protection and enforcement of 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.
Limitations:
a) simplified and inexpensive procedures for speedy disposition of cases
b) uniform for all courts of the same grade
c) shall not diminish, increase or modify substantive rights
The Congress can enact laws regulating the practice of law to protect the
public and promote the public welfare. But may not pass a law that will
control the SC in the performance of its function to decide who may
enjoy the privilege of practicing law.
Integration of the Bar
 SC has the inherent power to integrate the Philippine Bar
 Means the official unification of the entire lawyer population of
the Philippines
 Requires membership and financial support
 Signifies the setting up by government authority of a national
organization of the legal profession
Purpose:
1. assist in the administration of justice
2. foster and maintain high ideals of integrity, learning, professional
competence, public service and conduct among its members
Non- Lawyers that may practice law
3. safeguard the professional interests of its members
4. cultivate a spirit of cordiality and brotherhood
5. provide a forum for the discussion of law, jurisprudence, law
reform, pleading, practice and procedure and the relations of the Bar
to the Bench and to the public, and publish information
6. encourage and foster legal education
7. promote continuing program of legal research
8. enable the Bar to discharge its public responsibilities effectively
Persons entitled to practice Law
 Must be a member of the bar and is in good and regular
standing
Requirements for admission to the bar:
1. Filipino citizen
2. at least 21 years of age
3. of good moral character
4. a Philippine resident
5. satisfactory evidence of good moral character
 Good Moral Character:
- at least common honesty
- not only a condition precedent for admission to the
profession but must remain intact to maintain one’s good
standing
 Decency, truthfulness and responsibility=moral character
 Educational requirement= 4 year law study
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1. a party may conduct his litigation personally or with the aid of a friend 3. Civil law 15%
or agent
4. Taxation 10%
2. in localities with no member of the bar is available, the MTC may
assign a person, resident of the province and of good refute for probity 5. Commercial law 15%
and ability
6. Criminal law 10%
3. a union representative
7. Remedial law 20%
4. a person representing a land claimant
8. Legal Ethics and Practical Exercises 5%
5. law student practice
 Average grade: at least 75% in all subjects and without failing
6. representative of the government below 50% in any subject
 Bar Examination Committee-composed of SC Justice as chairman
Public officials prohibited from engaging in private practice of and 8 members of the bar who serve as examiners in the 8
law subjects.
-Bar confidant-acts as liaison between SC and the Chairman and
1. judges and other officials or employees of the court the individual members of the committee
- prepares the questions
2. officials and employees of the OSG -correction of the examination papers
-give grades
3. govt prosecutors
-submit papers to the bar confidant
4. President, VP, cabinet members, their deputies and assistants
Chapter 7: Law Student’s Practice
5. members of Con Com
Under Rule 138-1, a law student who has successfully completed
6. Ombudsman and deputies his 3rd year of the regular four –year prescribed law curriculum
and is enrolled in a recognized law school’s clinical legal
7. governors, city and ,municipal mayors education program approved by the SC, may appear without
compensation in any civil, criminal or administrative case before
8. those prohibited by special law any trial court, tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law school.
Chapter 6: Bar Examinations
Requirements:
Nature and Extent 1) successfully completed 3rd year of the regular four-year
curriculum
1. Political law 15% 2)must be enrolled in the clinical legal education program
3)appearance must be pro bono
2. Labor law 10% 4) clients should be indigents
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5) appearance must at all times be accompanied and supervised
by a supervising attorney
Chapter 8: Duties and Privileges of a Lawyer
1. Code of Professional Responsibility
I. The Lawyer and the Society
Canon 1: A lawyer shall uphold the Constitution, obey the laws
of the land and promote respect for law and legal processes
II. The Lawyer and the Legal Profession
III. The Lawyer and the Courts
2. Four-fold Duties of a Lawyer
1. Duties towards the courts
2. Duties towards the society
3. Duties towards his colleagues in the profession
4. Duties to his client
Chapter 10: Disciplinary Proceedings
 The SC is vested with the power to suspend and/or disbar a
lawyer.
 Lower courts may suspend but not disbar lawyers
Disbarment- the act of the court in withdrawing from an attorney the
right to practice law.
Suspension- prohibiting an attorney from practicing law for a certain
period. (qualified disbarment)
Primary Objectives of Disbarment and Suspension
1. compel the attorney to deal fairly and honestly with clients
2. remove from the profession a person proved to be unfit
Common Grounds
1. deceit

3. Privileges of an Attorney 2. malpractice and gross misconduct in office

1. right and privilege to practice law during good behavior before 3. grossly immoral conduct
any judicial, quasi-judicial or admin tribunal
2. presumption of regularity in the discharge of functions 4. conviction of a crime involving moral turpitude
3. immunity from liability to third person
5. violation of oath of office
4. statements are absolutely privileged
5. right to protest in a respectful manner 6. willful disobedience of any lawful order of a superior court
6. first grade civil service eligibility
7. corrupt or willful appearance as an attorney

Chapter 9: The IBP  The disbarment of an attorney is not necessarily a permanent

disability. He may afterwards be reinstated on proper application
Integration of the bar means unification of all the lawyers in the or on petition showing that he has reformed himself.
Philippines.

 Membership and financial support