DUTIES OF A LAWYER
LEGAL ETHICS
Branch of moral science which treats of the duties
which an attorney owes to the court, to his client,
to his colleagues in the profession and to the
public.
It is the embodiment of all principles of morality
and refinement that should govern the conduct of
every member of the bar. (Justice Malcolm)
Guard against the abuses and ills of the
profession such as dishonesty, deceit, immorality,
laziness/slothness and lack of diligence.
Duties of a Lawyer
1. to the Society
2. to the Legal Profession
3. to the Court
4. to the client
IMPORTANCE OF STUDYING LEGAL ETHICS
 regulate the practice of law
* The practice of law is not a right, it is a privilege,
burdened with conditions
INTRODUCTION
THE LAWYER’S OATH
“A solemn appeal to God, or in a wider sense, to
any sacred or revered person or sanction for the
truth of an affirmation or declaration or in
witness of the inviolability of a promise or
undertaking.”
Endaya v. Oca: “the lawyer's oath embodies the
fundamental principles that guide every member
of the legal fraternity. From it springs the lawyer's
duties and responsibilities that any infringement
thereof can cause his disbarment, suspension or
other disciplinary actions.”
The lawyer’s oath is not a mere ceremony or
formality for practicing law. Every lawyer should
at all times weigh his actions according to the
sworn promises he makes when taking the
lawyer’s oath. If all lawyers conducted themselves
strictly according to the lawyer’s oath and the
Code of Professional responsibility, the
administration of justice will undoubtedly fairer,
faster and easier for everyone concerned. [In Re:
Argosino, (1997)]
The lawyer’s oath is not mere facile words, drift
and hollow, but a sacred trust that must be
upheld and kept inviolable.
Why is there a need to take an oath?
In its broadest sense, an oath includes any form
of attestation by which a party signifies that he is
bound in conscience to perform an act faithfully
and truthfully. It is an outward pledge given by
the person taking it, that his attestation or
promise is made under an immediate sense of his
responsibility to God.
Rules of Court, Rule 138, Sec. 20
(1) To maintain allegiance to the Republic of the
Philippines
(2) To support the Constitution and obey the laws
of the Philippines
(3) To observe and maintain the respect due to
the courts of justice and judicial officers
Lawyers – Officers of the Court
1. Admitted to the practice of law by the
justices of the Supreme Court
 Constitutionally enshrined (Art 5 (5) (5)
- Sole power to promulgate rules to the
admission to the bar
2. Only lawyers can litigate cases, represent
the case or litigate for the protection of
rights
3. A lawyer can administer justice
(4) To counsel or maintain such actions or
proceedings only as appear to him to be just,
and such defenses only as he believes to be
honestly debatable under the law
(5) To employ, for the purpose of maintaining the
causes confided to him, such means only as
are consistent with truth and honor, and
never seek to mislead the judge or any judicial
officer by an artifice or false statement of fact
or law
(6) To maintain inviolate the confidence, and at
every peril to himself, to preserve the secrets
of his client, and to accept no compensation in
connection with his client's business except
from him or with his knowledge and approval
(7) To abstain from all offensive personality and
to advance no fact prejudicial to the honor or
reputation of a party or witness, unless
required by the justice of the cause with which
he is charged;
(8) Not to encourage either the commencement or
the continuance of an action or proceeding, or
delay any man's cause, from any corrupt
motive or interest
(9) Never to reject, for any consideration personal
to himself, the cause of the defenseless or
oppressed
(10) In the defense of a person accused of crime,
by all fair and honorable means, regardless
of his personal opinion as to the guilt of the
accused, to present every defense that the
law permits, to the end that no person may
be deprived of life or liberty, but by due
process of law.
GENERAL PRINCIPLES CONCEPT OF THE PRACTICE OF LAW
Bar refers to the whole body of attorneys and THE PRACTICE OF LAW
counselors; collectively; the members of the legal
Black defines "practice of law" as:
profession.
The rendition of services requiring the
Bench refers to the whole body of Judges. knowledge and the application of legal
principles and technique to serve the interest of
Counsel de oficio is a counsel, appointed or another with his consent. It is not limited to
assigned by court that by reason of experience appearing in court, or advising and assisting in
and ability may adequately defend the accused. the conduct of litigation, but embraces the
He is normally appointed to represent one who is preparation of pleadings, and other papers
indigent in a case. incident to actions and special proceedings,
conveyancing, the preparation of legal
Counsel de parte is a private counsel, secured by instruments of all kinds, and the giving of all
him, without intervention of the government (at legal advice to clients. It embraces all advice to
his own will and choice). clients and all actions taken for them in matters
connected with the law.
Attorney of records is one whose name must
Practice of law means any activity, in or out of
appear somewhere in permanent record or files of
court, which requires the application of law, legal
the case, or on the pleadings or some instrument
procedure, knowledge, training and experience.
filed in the case or on the appearance docket.
"To engage in the practice of law is to perform
those acts which are characteristics of the
LEGAL PROFESSION profession. Generally, to practice law is to give
1. PRACTICE OF LAW IS A PROFESSION notice or render any kind of service, which device
or service requires the use in any degree of legal
Profession knowledge or skill." (111 ALR 23)
 A group of people pursuing a learned art
with spirit of public service Requirements for admission to the Bar
1. Basic Requirements
2. 3 IDEAS INVOLVED IN A PROFESSION  Must be a citizen of the Philippines
a. Organization (Re: Application for Admission to
 Bar Association Philippine Bar, Vicente Ching 316 S
 Persons practicing law 1)
 Must be a resident of the Philippines;
 Formed and maintained
 Must be at least 21 years of age;
 Must be of good moral character;
b. Learning  He must produce before the
 Continuing learning Supreme Court satisfactory evidence
of his good moral character and no
c. Spirit of public charges against him, involving moral
 Public service turpitude, have been filed or are
 Pre-requisite to the sound pending in any court of the
administrative of justice Philippines;
 Must not have been charged of a
3. STANDARDS OF THE LEGAL crime involving moral turpitude;
PROFESSION
a. Independence 2. Academic Requirements
 Must be free to carry out their work  Must have met the
required educational
b. Accessibility requirements.(S.5&
6,R.138, ROC)
 Effective
3. Must pass the bar examination (Secs.
c. Learning 7 to 16, Rule 138, Rules of Court)
 Continuous
4. Procedural Requirements after
passing the bar
 Must take oath of office
 Must sign in the Roll of Attorneys
 Must pay Integrated Bar of the
Philippines membership dues
 Must obtain Professional Tax Receipt
 Must comply with the Mandatory
Continuing Legal Education
 Must continue possessing good
moral character
PRACTICE OF LAW IS NOT A RIGHT
BUT A PRIVILEGE; NOT A BUSINESS
OR TRADE
Practice of law is not a right but a privilege
bestowed by the State on those who show that
they possess, and continue to possess, the
qualifications required by law for the conferment
of such privilege. One of these requirements is the
observance of honesty and candor. Courts are
entitled to expect only complete candor and
honesty from the lawyers appearing and pleading
before them. A lawyer, on the other hand, has the
fundamental duty to satisfy that expectation. For
this reason, he is required to swear to do no
falsehood, nor consent to the doing of any in
court.
The practice of law is not a natural, absolute or
constitutional right to be granted to everyone who
demands it. Rather, it is a high personal privilege
limited to citizens of good moral character, with
special educational qualifications, duly
ascertained and certified
PUBLIC OFFICIALS PROHIBITED
FROM ENGAGING IN PRIVATE
PRACTICE OF LAW
 Judges and other officials or employees of
Superior courts (R.138, S.35,ROC);
 Officials and employees of the office of the
Solicitor General;
 Government Prosecutors;
 President, V-pres., members of the cabinet,
their deputies and assistants (Art. V11,
S.13,’87PC);
 Members of the constitutional commission
(ART. IX-A, S.2,’87PC);
 Ombudsman and his deputies (Art.X1,S.8[21];
 Governor, city and municipal mayors (RA 7160
S 90);
 Those who by special law are prohibited from
engaging in the practice of the legal profession.
PUBLIC OFFICIALS WITH
RESTRICTIONS IN THE PRACTICE OF
LAW
 Members of the Legislature are prohibited
to “appear as counsel before any court of
justice or before any Electoral Tribunal, or
Quasi – Judicial and other Administrative
bodies” (Art. VI, sec.14, 1987 Constitution).
The prohibition includes the signing of
pleadings or permitting the appearance of
his name therein or as part of a firm name.
 Members of Sanggunian concerned may
practice law, except:
1. In any civil case where a local government
unit or any office, agency or instrumentality
of the government is the adverse party;
2. In a criminal case wherein an officer or
employee of the national or local
government is accused of an offense
committed in relation to his office;
3. They shall not collect any fee for their
appearance in administrative proceedings
involving the local government unit of
which they are officials;
WHEN MAY NON-LAWYERS PRACTICE LAW?
Q: Explain briefly the “student – practice rule”.
A: The rule provides that a law student who has
successfully completed his 3rd year of the regular
four – year law curriculum and is enrolled in a
recognized law school’s clinical legal education
program approved by the Supreme Court, may
appear without compensation in any civil, criminal
or administrative case before any trial court,
tribunal, board or officer, to represent indigent
clients accepted by the legal clinic of the law school.
He shall be under the direct supervision and control
of a lawyer accredited by the law school and who
shall sign on behalf of the legal clinic all pleadings,
motions, briefs, memoranda or other papers to be
filed.
He shall be governed by the rules on privileged
communication and shall comply with the standards
of professional conduct governing lawyers. The
supervising lawyer may be disciplined for his failure
to provide adequate supervision.
PARALEGAL SERVICES:
a. A law student who has successfully completed
his 3rd year of the regular 4th year prescribed
law curriculum and is enrolled in a recognized
law school’s clinical legal aid program approved
by the SC (R. 138-A, ROC)
b. An official of other person appointed or
designated in accordance with law to appear for
the Government of the Philippines in a case in
which the government has an interest. (S.33,
R.138,ROC)
c. An agent or friend who aids a party litigant in a
municipal court for the purpose of conducting
the litigation. (S.34.R,138,id)
d. A person, resident of the province and of good
repute for probity and ability, who is appointed
counsel de oficio to defend the accused in
localities where members of the bar not
available. (S.4 R.116, id)
e. Persons registered or specially recognized to
practice in the Phil. Patent Office (now known
as the Bureau of Patents, trademark, service
mark and technology transfer) in trademark,
service mark and trade name cases (R. 23, Rules
of Practice in Trademark Cases)
f. A non-lawyer who may appear before the NLRC
or any Labor Arbiter only if: (1) he represents
himself as a party to the case, (2) he represents
an organization or its members, provided he
shall be made to present proof that he is
properly authorized; or (3) he is a duly-
accredited member of any legal aid office duly
recognized by the DOJ or the IBP in cases
referred thereto by the latter (New Rules of Proc.,
NLRC).
g. An agent, not an attorney, representing the lot
owner or claimant in a case falling under the
Cadastral Act (S.9, Act no.2259)
h. Notaries Public for municipalities where
completion and passing the studies of law is a
reputable university or school of law is deemed
sufficient qualification for appointment.