Nature and Meaning of the Legal Profession

Wades View on Public Responsibilities of the Learned Professions

This article basically states the attributes of the Learned Profession.

First, that training is necessary for admission to a learned profession. Second, that the learned profession is characterized by an organization that sets standards for licenses and admissions into it.

Wades View on Public Responsibilities of the Learned Professions

Third,

and most importantly, the members of the learned profession are dedicated to a spirit of public service. Roscoe Pound: A profession is a group of men pursuing a learned art *** in the spirit of a public service.

Dean

Responsibilities of a Member of the Learned Profession

(1) (2) (3)

to his clientele, to his profession, to the public in general.

To His Clientele
With

respect to the responsibilities of a member of a learned profession to his clients there is a relationship of trust and confidence. Also the professional should not have interests of his own.

To His Profession
A

professional seeks to improve his profession.

has the duty to engage in research, to write articles and treatises. must continue through selfeducation and has the duty to comply with the code of ethics.

He He

To His Profession
B.M.

850. October 2, 2001 MANDATORY CONTINUING LEGAL EDUCATION SECTION 1. Purpose of the MCLE. Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career,

they

keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law.

To His Profession
MANDATORY

EDUCATION SEC. 2. Requirements of completion of MCLE. Members of the IBP not exempt under Rule 7 shall complete every three (3) years at least thirty-six (36) hours of continuing legal education activities approved by the MCLE Committee.

CONTINUING LEGAL

To the General Public

To

the society, a professional has the duty to influence the opinions and actions of others. He must supply intelligent and unselfish leadership to the forming of public opinions and determination of important issues.

LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON"

The

small body of law practitioners probably plays a much more weighty social role than do editors, physicians and publishers. This is because the social philosophy that is actually expressed in public policy is that of the man of law.

LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON"

The

fact that lawyers make public policy is not a consequence of their being our weightiest intellects, but because of the nature of the state, which was established by lawyers along legalistic lines.

LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON"

The

very existence of a legal profession presupposes a society torn by conflicts. Social conflicts are heightened by the chicaneries lawyers describe as part of their duties. If there were any real desire for reform in the profession, it would probably be accomplished in short order.

LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON"

A

large part of social injustice exists because the legal profession has not shouldered the responsibilities that go with the privileges it enjoys.

LUNDBERG, "THE LEGAL PROFESSION A SOCIAL PHENOMENON"

The

task facing society is to make it possible for the constructive work that is done by lawyers on behalf of the middle class to be extended for the benefit of the lower class.

Maclver, the Social Significance of Professional Ethics

Ideal

of Service Responsibility to the Wider Community Professional Interest and General Welfare Danger of Specific Group Bias

Ideal of Service
The

ideal of service is the administration of justice and not mere money-getting occupation. Lawyers assume an obligation and an oath of service.

Responsibility to the Wider Community

Ethical

code prescribes simply the duties towards one another and to the whole group. The profession implies the conceptions of responsibility, ethical code is more than the prescription of duty of an individual towards others.

Professional Interest and General Welfare

Service

needs of the public over specific needs of the individual clients. More than the growth of the profession, lawyers must prioritize the welfare of the general public.

Danger of Specific Group Bias

The

legal profession is not exempt from group bias. Biases created within the profession can be prevented by set of ethics which is adherent to the ethical standards of the whole community.

Recap
What What

is meant by profession in general?

is your concept of the legal profession? do you distinguish the legal profession from other professions?

How

Recap
Why

is law profession a social phenomenon? compensation of a lawyer essential in the performance of his duty?

Is