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The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.
The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.
The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.
requires the application of laws, legal procedure, knowledge, training and experience. CAYETANO VS. MONSOD ULEP v THE LEGAL CLINIC, INC. A.C. No. L-553, June 17, 1993.
“Legal Support Services”
Legal support services basically consists of giving ready information by
trained paralegals to laymen and lawyers, which are strictly non-diagnostic, non-advisory, through the extensive use of computers and modern information technology in the gathering, processing, storage, transmission and reproduction of information and communication, such as computerized legal research; encoding and reproduction of documents and pleadings prepared by laymen or lawyers; document search; evidence gathering; locating parties or witnesses to a case; fact finding investigations; and assistance to laymen in need of basic institutional services from government or non-government agencies, like birth, marriage, property, or business registrations; educational or employment records or certifications, obtaining documentation like clearances, passports, local or foreign visas; giving information about laws of other countries that they may find useful, like foreign divorce, marriage or adoption laws that they can avail of preparatory to emigration to the foreign country, and other matters that do not involve representation of clients in court; designing and installing computer systems, programs, or software for the efficient management of law offices, corporate legal departments, courts and other entities engaged in dispensing or administering legal services. RULING:
• Respondent corporation gives out legal
information to laymen and lawyers. XXX With its attorneys and so called paralegals, it will necessarily have to explain to the client the intricacies of the law and advise him or her on the proper course of action to be taken as may be provided for by said law. That is what its advertisements represent and for which services it will consequently charge and be paid. That activity falls squarely within the jurisprudential definition of "practice of law." • The fact that the corporation employs paralegals to carry out its services is not controlling. What is important is that it is engaged in the practice of law by virtue of the nature of the services it renders which thereby brings it within the ambit of the statutory prohibitions against unacceptable advertising. CHARACTERISTICS OF THE PRACTICE OF LAW
• Practice of law is not a proprietary right, but a
mere privilege.
• Practice of law is a noble profession, not a
money-making venture.
• Legal practice is impressed with public
interest. 1. PRACTICE OF LAW IS NOT A PROPRIETARY RIGHT, BUT A MERE PRIVILEGE. Maniago v. de Dios A.C. No. 7472, 30 March 2010 RULING:
The lifting of a lawyers suspension is not
automatic upon the end of the period stated in the Court’s decision, and an order from the Court lifting the suspension at the end of the period is necessary in order to enable [him] to resume the practice of his profession. It must be remembered that the practice of law is not a right but a mere privilege and, as such, must bow to the inherent regulatory power of the Supreme Court to exact compliance with the lawyer’s public responsibilities. That the practice of law is a mere privilege and not a property right is clear from the fact that the termination of the period of suspension does not ipso facto permit the lawyer to practice law but must first submit the required certifications to and pass through evaluation. In the Matter of the IBP Membership Dues Delinquency of Atty. MARCIAL A. EDILION (In re: Edillon) A.M. No. 1928 August 3, 1978
The respondent argues, among others, that the
removal from the Roll of Attorneys due to non- payment of IBP dues would amount to a deprivation of property without due process and hence infringes on one of his constitutional rights. 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 lawyer's public responsibilities.
If the power to impose the fee as a regulatory
measure is recognized, then a penalty designed to enforce its payment, which penalty may be avoided altogether by payment, is not void as unreasonable or arbitrary. Letter of Atty. Cecilio Y. Arevalo, Jr., requesting exemption from payment of IBP dues (In re: Arevalo) B.M. No. 1370. May 9, 2005
This is a request for exemption from
payment of the Integrated Bar of the Philippines (IBP) dues filed by petitioner Atty. Cecilio Y. Arevalo, Jr. Philipine Lawyers Association vs. Agrava 105 Phil 273 (1959), G.R. No. L-12426 16 February 1959 It is a right in the sense that once qualified, after passing the bar examinations, after having taken his oath as a lawyer and after signing the roll of attorneys, a lawyer cannot just be prevented to practice law before any judicial, quasi-judicial or administrative body, except for valid reasons to be determined by the Supreme Court. He could practice his profession when in good standing and can only be deprived of it for misconduct ascertained and declared by judgment of the Supreme Court after opportunity to be heard has been afforded him. Practice of Law is not a property right but a mere privilege that could be subject of regulations and conditions. (Maniago v. de Dios; In re Edillon; and In re Arevalo). However, to some extent, it is a right in the sense that once qualified, a lawyer cannot just be prevented to practice law because of some qualifications or requirements imposed by any agency of government. Hence, while the practice of law is only a privilege, a lawyer cannot be prevented from practicing law except for valid reasons to be determined by the Supreme Court. He could practice his profession when in good standing and can only be deprived of it for misconduct ascertained and declared by judgment of the Supreme Court after opportunity to be heard has been afforded him. (Phil Lawyers Assn v. Agrava)