1.

Define Legal Ethics Legal Ethics is defined as branch of moral science which treats of the duties which a member of the legal profession owes to the public, to the court, to his professional brethren and to his client 2. Rules which govern Ethical Behavior a.)The Philippine Constitution (Sec. 5, Art. VIII) b.) The Rules of Court (Rules 137-139 A and B) c.) The Civil Code d.) Special Statutes e.) The Code of Professional Responsibility f.) The New Code of Judicial Conduct g.) Supreme Court decisions 3. Who may practice law in the Philippines? Any person duly admitted as a member of the bar in accordance with procedural law and who is in good and regular standing is entitled to practice law in the Philippines. A person seeking admission to the practice of law must possess the required educational qualifications and shows such degree of learning and proficiency in law. The lawyer must have pursued and satisfactorily completed (a) 4 year high school course in an authorized and recognized university, college or school; (b) a course of study prescribe for a bachelors degree in arts or sciences with political science, logic, English, Spanish, History or economics as a major field of concentration (c) a four year bachelors degree in law with completed course in civil law, commercial law, remedial law, criminal law, political and international law, labor law, taxation, legal ethics and other subjects prescribed by the Supreme Court. 4. What are the requirements in the admission to the bar ? Every applicant for admission as a member of the bar must be (a) a citizen of the Philippines (b) at least 21 years old (3) of good moral character (4) and a resident of the Philippines (5) and must produce to the Supreme Court satisfactory evidence of good moral character (6) and no charges against him involving moral turpitude, having been filed or are pending in any court in the Philippines. 5. Loss and reacquisition of Filipino Citizenship The loss of Filipino citizenship ipso jure terminates the privilege to practice law in the Philippines. The practice of law is a privilege denied to foreigners except when Filipino Citizenship is lost by reason of Naturalization as citizen of another country but subsequently reacquired pursuant to RA 9225. Before a lawyer who reacquires Filipno Citizenship, he must first secure authority from the Supreme Court upon compliance with the following: 1. The updating of payments ins full of annual membership dues in the IBP, payment of Professional tax. 2. Completion of at least 36 credit hours of MCLE 3. Retaking of the lawyers oath. 6. Who can appear in cases in court? In general, only those duly licensed by the Supreme Court to practice law can appear and handle cases in court. 7. Which brand of the government regulates the practice of law? The authority to admit applicants to the practice of law belongs to the judiciary represented by the Supreme Court in view of the nature of its judicial function and in the role played by lawyers in the administration of justice.

8. Can a corporation practice law? A corporation cannot practice law directly or indirectly by employing a lawyer to practice for it or appear for others for its benefit. However, the corporation may hire a lawyer to handle a case for or against the corporation. 9. Principal source of ethical rules for Lawyers in the Philippines Code of Professional Responsibility (Promulgated June 21, 1988) It has 4 Chapters (Chapter 1: The Law and Society; Chapter 2: Lawyer and the Legal Profession; Chapter 3: The lawyer and the courts and Chapter 4: Lawyer and the client) 10. What are the restrictions in the practice of law by retired justices? As a condition of the pension provided under RA No. 910, no retiring justice or judge of a court of record or any city or municipal judge during the time that he is receiving said pension shall appear as counsel before any court in: (a) Any civil case wherein the government or any subdivision or instrumentality thereof is the adverse party; (b) Any criminal case wherein an officer or an employee of the government is accused of an offense committed in relation to his office. (c) Collect any fees for his appearance in any administrative proceedings to maintain an interest adverse to the government, provincial or municipal, or to any of its legally constituted officers. (Sec.1, RA No. 910) 11. What is Counsel de officio? Counsel de officio is a lawyer appointed by the court to defend an accused who cannot afford to hire the services of counsel. 12. What is Notary Public? A person appointed by the court whose duty is to attest to the genuineness of any deed or writing in order to render them available as evidence of facts stated therein and who is authorized by the statute to administer various oaths. 13. Jurisdiction and term of notary public A notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court for a period of 2 years starting from the 1st day of January of the year in which the commissioning is made unless earlier revoked or the Notary Public has resigned according to these rules and the rules of court. 14. What is Amicus Curiae? Amicus Curiae is an experienced and impartial lawyer invited by the court to appear and help in the disposition of the issues submitted to it. An Amicus Curiae appears in court not to represent any particular party but only to assist the court. 15. What is Of Counsel? An experienced lawyer usually a retired justice of the Supreme Court or Court of Appeals employed by law firms as consultants. 16. What is In-house counsel? On who acts as attorney for business though carried as an employee of that business and not as an independent lawyer.

17. Appearing for conflicting interests There is representation of conflicting interests if the acceptance of a new retainer will require the lawyer to do anything which will injuriously affect his first client on any matter which he represents. A lawyer is forbidden from representing a subsequent client against a former client when the subject matter of the present controversy is related directly or indirectly, to the subject matter of the previous litigation in which he appeared for the former client 18. Fourfold duties of lawyers A lawyer is an officer of the court. He is part of the machinery for the administration of justice. The lawyer is expected to maintain not only legal proficiency but also a high standard of morality, honesty, integrity and fair dealing. He must at all times faithfully perform his duties to the society, to the bar, to the courts and to their clients, in accordance with the values and norms of the legal profession. 19. The Legal profession is not a trade or business. Lawyers are reminded that the practice of law is a profession not a business. Lawyers should not advertise their talents as merchants advertise their wares. Lawyers are prohibited from soliciting cases for the purpose of gain, personally or through paid agents or brokers, an actuation which constitutes malpractice, a ground for disbarment. Ambulance chasing is likewise abhorred in our jurisdiction. It is the solicitation of almost any kind of legal business by an attorney, personally or through an agent, in order to gain employment. 20. Practice of law The practice of law means any activity, in or out of the court, which requires the application of law or procedure. Appearance in court or any tribunal, legal counselling or legal advice and drafting legal documents are examples of practice of law. As held by the high court, in Cayetano v. Monsod, 201 SCRA 200, to practice law, a lawyer need not have a law office or appear in court.