Q. Is having a lawyer necessary in all instances?

A. No. An individual litigant in a civil case has the right to conduct his litigation
personally. A layman is permitted by the Supreme Court to appear for another
only in the municipal or metropolitan trial court.
Q. While suspended, can a lawyer represent himself?
A. Yes, just like an individual litigant in a civil case, an attorney who is otherwise
disqualified to practice law or has been disbarred or suspended from practice,
can validly prosecute or defend his own litigation, he having as much right as
that of a layman in that regard.
Q. Practice of law as defined in Cayetano v Monsod
A. Any activity in or out of court which requires the application of law, legal
principle, practice or procedure and calls for legal knowledge, training and
experience. In Cayetano v. Monsod,m the majority of the court through Mr.
Justice Paras held that a persons past work experiences as a lawyer- economist,
a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator more than satisfy the constitutional
requirement for appointment as Chairman of the Commission on Elections that
he has been engaged in the active practice of law for at least ten years and that
practice of law need not be habitual services rendered in litigations in court.
Q. Custodial investigation, need for and right to counsel
A. Custodial investigation is the questioning by law enforcement officers of a
suspect taken into custody or otherwise deprived of his freedom of action in a
significant way.123 What has been a mere judicial ruling in the United States to
the effect that a person, under custodial interrogation, has the right to counsel
and to be informed of such right,124 has been clothed with the impregnability of
an express constitutional mandate in this jurisdiction. The Constitution provides
that any person under investigation for the commission of an offense shall have
the right to be informed of his right to remain silent and to have competent and
independent counsel preferably of his choice and any confession or admission in
violation of such provision shall be inadmissible in evidence against him.
Q. What to do when accepting employment to handle a matter
previously handled by another lawyer?
A. He may properly accept employment to handle a matter which has been
previously handled by another lawyer, provided that the other lawyer has been
given notice by the client that his services have been terminated.74 In the
absence of such notice of termination by the client, a lawyer retained to take
over a case from a peer in the bar should do so only after he shall have obtained
the conformity of the counsel whom he would substitute. If such conformity
cannot be had, he should at least give sufficient notice to such lawyer of the
contemplated substitution. His entry of appearance in the case without notice to
the first lawyer amounts to an improper encroachment upon the professional
employment of the original counsel
Q. Division of fees with nonlawyers is an unauthorized practice of law
A. Generally, a lawyer shall not divide or stipulate to divide a fee for legal
services with a person not licensed to practice law.108 This is a necessary
consequence of the rule against layman from practicing law109 and the rule
against the employment of brokers or agents to attract legal business
There are three (3) exceptions to the rule, namely: (1) where there is a
pre-existing agreement with a partner or associate that, upon the latters death,

money shall be paid over a reasonable period of time to his estate or to persons
specified in the agreement; (2) where a lawyer undertakes to complete
unfinished legal business of a deceased lawyer; and (3) where a lawyer or law
firm includes non-lawyer employees in a retirement plan, even if the plan is
based in whole or in part on a profit sharing arrangement
Q. Advertising is not mala in se
A. Not all types of advertising or solicitation are prohibited, that activity not
being inherently malum in se. What makes advertising or solicitation improper is
the employment of such methods as are incompatible with the traditional dignity
of a lawyer and the maintenance of correct professional standards, or the use of
artificial means to augment the publicity that normally results from what a
lawyer does. There is a clear delineation in that regard.
Q. Is giving legal advice through radio shows or other similar medium
constitute advertising?
A. The giving of advice on legal matters through the medium of a newspaper
column or radio or television broadcast is improper.167 It cannot be undertaken
by a layman because that service constitutes practice of law. Nor can it be
undertaken by a lawyer because that work involves indirect advertising, violation
of the confidential relation of attorney and client, and a breach of the traditional
standards of the profession.
Q. Can the name of a deceased partner be retained by the firm?
A. Yes. The continued use of the name of a deceased partner is permissible
provided that the firm indicates in all its communications that said partner is
deceased. The reason for allowing the continued use of the name of a deceased
partner is that all of the partners by their joint efforts over a period of years
contributed to the goodwill attached to the firm name, and this goodwill is
disturbed by a change in firm name every time a partner dies.
Q. If a partner is disbarred can his name still be retained?

Q. When can a laywer withdraw? a. Civil cases b. Criminal Cases

Q. Forum shopping. Who need to sign the documents? If there are 2 or

more plaintiffs?
A. The forum shopping certification must be signed by the party himself as he
has personal knowledge of the facts therein stated; it should not be executed by
his counsel. Where there two or more plaintiffs or petitioners, all of them must
sign the verification and non-forum certification, unless the one who signs the
verification and certification has been authorized to execute the same by, and on
behalf of, the co-plaintiff or co-petitioner128 or except where the joint parties are
husband and wife involving their property, in which case only the husband may
sign the verification.129 If the party is a juridical person, the certification must
be executed by a corporate officer or agent duly authorized by its board of
directors