LAWYER’S OATH
I, _____, do solemnly swear that I will
maintain allegiance to the Republic of
the Philippines;
I will support its Constitution and obey
the laws as well as the legal orders of
the duly constituted authorities therein;
I will do no falsehood, nor consent to the
doing of any in court;
I will not willingly nor wittingly
promote or sue any groundless, false or
unlawful suit, or give aid nor consent to
the same;
I will delay no man for money or malice,
and will conduct myself as a lawyer
according to the best of my knowledge
and discretion, with all good fidelity as
well to the courts as to my clients; and
I impose upon myself these voluntary
obligations without any mental
reservation or purpose of evasion.
So help me God.
RULE 138 SECTION 1
WHO MAY PRACTICE LAW
Any person heretofore duly admitted as
a member of the bar, or hereafter
admitted as such in accordance with the
provision of the rule, and who is in good
and regular standing, is entitled to
practice law.
GENERAL RULE: only those who are
licensed to practice law can appear and
handle cases in court
EXCEPTIONS: (1) Before the MTC, (2)
Before any other court, (3) Criminal
cases before MTC, (4) Student Practice
Rule, (5) Under Labor Code, (6)
Cadastral Court,
WHO MAY NOT PRACTICE LAW
Relative Prohibition
1. Senators and Members of HOR
2. Members of the Sanggunian
Absolute Prohibition
1. Members of the judiciary
2. Judges
3. Government prosecutors
4. President, VP, Cabinet
members
5. ConCom members
6. Ombudsman
7. SolGen and Asst SolGen
8. Governors and Mayors
9. Retired member of judiciary
RULE 138 SECTION 2
REQUIREMENTS FOR APPLICANTS
1. Citizen of the Philippines
2. At least 21 years old
3. Of good moral character
4. Resident of the Philippines
5. Must produce before the SC
satisfactory evidence of
a. good moral character
b. no charges against
him involving moral
turpitude have been
filed or pending in
any court
LEGAL ETHICS
It is the 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.
PRIMARY CHARACTERISTICS (LEGAL
PROFESSION V. BUSINESS)
1. Duty of public service
2. A relation to administration of
justice as officer of the court
3. A relation to clients with
highest degree of fiduciary
4. A relation to colleagues at the
bar characterized by candor,
fairness and unwillingness to
resort to current business
methods of advertising
COUNSEL DE PARTE
An attorney retained by a party litigant
to prosecute or defend his cause in court
(usually for a fee)
COUNSEL DE OFICIO
An attorney appointed by the court to
defend an indigent defendant or
represent a destitute party
ATTORNEY OF RECORD
Attorney whose name and address is
entered in the record of the case as
designated counsel; to whom judicial
notes are sent.
AMICUS CURIAE
An experienced and impartial attorney
invited by the court to appear and help
in the disposition of issues submitted to
it.
BAR
Refers to the legal profession
BENCH
Refers to the Judiciary
CLIENT
One who engages the services of a
lawyer for legal advice or for purpose of
prosecuting or defending a suit
LAWYER
The general term for a person trained in
the law and authorized to advice and
represent others in legal matters
ATTORNEY AT LAW
Licensed officers of the courts
empowered to appear, prosecute and
defend
ATTORNEY IN FACT
Agent whose authority is strictly limited
by the instrument appointing him. He is
not necessarily a lawyer. (e.g. SPA)
TRIAL LAWYER
One who personally handles cases in
court which means engaging in actual
trial work either for the prosecution or
for the defense of cases of clients.
BAR EXAMINATION COMMITTEE
1 member of SC – Chairman
8 members of the Bar – Examiners
DUTIES OF ATTORNEYS
RULE 138 SECTION 20
MOC – EMA – NNP
It is the duty of an attorney:
1. To Maintain allegiance…
2. To Observe and maintain the
respect due to the courts of
justice and judicial officers
3. To Counsel or maintain
actions which are just or
debatable under the law
4. To Employ such means
consistent with truth and
honor, and never seek to
mislead the judge
5. To Maintain inviolate the
confidence, to preserve the
secrets of his client, and to
accept no compensation from
client’s business without
knowledge or approval
6. To Abstain from all offensive
personality, and to advance no
fact prejudicial to the honor or
reputation of a party or
witness
7. Not to encourage either the
commencement or the
continuance of an action or
proceeding from any corrupt
motive or interest
8. Never to reject the cause of
the defenseless or oppressed
9. To Present every defense that
the law permits regardless of
his personal opinion as to the
guilt of the accused
4-FOLD DUTIES
1. TO SOCIETY
Exemplar for righteousness
Render legal aid
Foster social reforms
Guardian of due process
2. TO LEGAL PROFESSION
Candor, fairness, courtesy, and
truthfulness
Avoid encroachment in the
business of other lawyers
Uphold the honor of the
profession
3. TO THE COURT
Respect or defend against
criticisms
Uphold authority and dignity
Obey order and process
Assist in the administration of
justice
4. TO THE CLIENT
Entire devotion to client’s
interest
PUBLIC DUTY
Faithful assistant of the court in search
of just solution to disputes
PRIVATE DUTY
Trusted agent of his client
PERSONAL DUTY
Self-employed businessman
Cayetano v. Monsod
Practice of law means any activity, in or
out of court, which requires the
application of law, legal procedure,
knowledge, training and experience. "To
engage in the practice of law is to
perform those acts which are
characteristics of the profession.
Generally, to practice law is to give
notice or render any kind of service,
which device or service requires the use
in any degree of legal knowledge or
skill."
CANON 1
A lawyer shall uphold the
constitution, obey the laws of the
land and promote respect for law and
legal process.
1. Duty not to engage in unlawful
conduct
2. Duty not to counsel illegal
activities
3. Duty not to encourage lawsuits
AMBULANCE CHASING –
solicitation of almost any kind
of legal business by an agent or
by the attorney himself.
4. Duty to encourage amicable
settlement
CANON 2
A lawyer shall make his legal services
available in an efficient and
convenient manner compatible with
independence, integrity and
effectiveness of the profession.
1. A lawyer shall not reject the
cause of the defenseless
2. A lawyer shall not refuse to
render legal advice
GENERAL RULE: May refuse to
accept the cause of the
defenseless
EXCEPTION: Shall not refuse
to the needy, on account of
race, sex, creed, or status, or
appointment as counsel de
oficio or request by IBP.
EXCEPTION TO THE
EXCEPTION: If not in a
position to carry out the work
effectively and competently, or
there is conflict of interest.
CANON 3
A lawyer in making known his legal
services shall use only true, honest,
fair, dignified and objective
information or statement of facts.
CANON 4
A lawyer shall participate in the
development pf the legal system by
initiating or supporting efforts in law
reform and in the improvement of
the administration of justice.
CANON 5
A lawyer shall keep abreast of legal
developments, participate in
continuing legal education programs,
support efforts to achieve high
standards in law schools as well as in
the practical training of law students
and assist in dissemination the law
and jurisprudence.
3-Fold Obligation
1. He owes to HIMSELF to
continue improving his
knowledge
2. He owes to his PROFESSION to
take an active interest in the
maintenance of high standards
3. He owes to the LAY PUBLIC to
make the law a part of its
social consciousness
MANDATORY CONTINUING LEGAL
EDUCATION
Every 3 years, at least 36 hours of
continuing legal education activities.
CANON 6
These canons shall apply to lawyers
in government services in the
discharge of their tasks
PUBLIC PROSECUTOR
A quasi-judicial officer who represents
the sovereignty. The primary duty is
NOT to convict but to see that justice is
done.
GENERAL RULE: SolGen shall represent
the People for actions brought in CA and
SC.
EXCEPTION: OMB, thru its special
prosecutor, if action is brought to
Sandiganbayan to SC
EXCEPTION TO THE EXCEPTION:
Cases pursuan to EO 1, 2, 14, and 14-A.
PRIVATE PROSECUTOR
GENRAL RULE: Where the civil action
for recovery of civil liability is instituted
in the criminal action, the offended
party may intervene by counsel in the
prosecution of the offense.
EXCEPTION: Public prosecutor has
direction and control if: (1) nature of the
crime, there is no civil liability which
arises. (2) nature of the crime, offended
party is entitled to indemnity BUT
waived the civil action, or expressly
reserved the right to institute it
separately.
A lawyer shall not, after leaving
government service, accept engagement
or employment in connection with any
matter in which he had intervened
while in said service.
Matter – any discrete isolatable act as
well as identifiable transaction
MORAL TURPITUDE
Includes everything which is done
contrary to justice, honesty, modesty
or good morals. It involves an act of
baseness, vileness, or depravity in the
private duties which a man owed his
fellowmen, or to society in general,
contrary to justice, honesty, modesty,
or good morals.