What Constitute Practice of Law
-It covers any activity, in or out of court which requires the application of law, legal principles, practice or procedures
and call for legal knowledge, training and experience. (Phil Lawyer’s Association vs Agrava, Feb 16, 1959)
- 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. (Cayetano vs. Monsod, Sept. 3, 1991)
LEB Memo Order No. 7-2016
-all those seeking admission to the basic law course leading to JD degree shall be required to take the Phil Law School
Admission Test (PhilSAT)
Pimentel vs. Legal Education Board, Sept 10, 2019 and Nov. 9, 2021
-the act and practice of the legal Education Board of excluding, restricting, and qualifying admissions to law schools
in violation of the institutional academic freedom on who to admit via PHILSAT is unconstitutional.
In Re Argosino, Bar Matter 712, March 19, 1997
-SC stressed to Mr. Argosino that the lawyer’s oath is not a mere ceremony or formality for practicing law.
-Every lawyer should at all times weigh his actins according to the sworn promises he makes when taking the lawyer’s
oath.
-the practice of law is a privilege granted only to those who possess the strict intellectual and moral qualifications
required of lawyers who are instruments in the effective and efficient administration of justice.
A.M NO. 22-09-01-SC
Canon 1-Independence ( 5 Sections)
INDEPENDENCE
The independence of a lawyer in the discharge of his professional duties without any improper influence,
restriction, pressure, or interference, direct or indirect, ensures effective and efficient representation and
is ultimately imperative for the rule of law.
Section 1: Independent accessible, efficient and effective legal services.
Section 2: Merit-based practice.
Section 3: Freedom from improper considerations and external influences.
Section 4: Non-interference by a lawyer.
Section 5: Lawyer’s duty and discretion in procedures.
Canon 2-Propriety (46 Sections)
PROPRIETY
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A lawyer shall, at all times, act with propriety and maintain the appearance of propriety in personal and
professional dealings, observe honesty, respect and courtesy, and uphold the dignity of the legal
professional consistent with the highest standards of ethical behavior.
Section 1: Proper Conduct
Section 2: Dignified Conduct
Section 3: Safe Environment; avoid all forms of abuse and harassment
In the case of ( Atty. Roque vs. Atty Balbin )which the SC ruled that lawyers are licensed officers of the court who
are empowered to appear, prosecute, and defend and upon whom peculiar duties, responsibilities are devolved by law
as a consequence. Membership in the Bar imposes upon them certain obligations. Mandated to maintain the dignity
of the legal profession, they must conduct themselves honorably and fairly. Under the CPR, lawyer shall conduct
himself with courtesy, fairness and candor towards his professional colleagues, and shall avoid harassing tactics
against opposing counsel.
Section 4: Use of dignified, gender-fair and child and culturally-sensitive language.
Section 5: Observance of fair and obedience.
Section 6: Harassing or threatening Conduct
Principles/Rationale:
All lawyers shall not, in his professional dealings, use language which is abusive, offensive or otherwise
improper.
Lawyers are always impressed with the duty to represent their clients cause, or in this case, to represent
a personal matter in court, with courage and zeal but shall not be used as licenses for the use of offensive
and abusive language. In maintaining the integrity and dignity of the legal profession, a lawyer’s
language-spoken or in his pleadings-must be dignified. (Aty. Manzano vs. Attys. Cruz-Angels and
Paglinawan)
Section 7: Formal decorum and appearance
Section8: Prohibition against misleading the court, tribunal, or other government agency.
Judge Alpajora vs. Aty. Calayan, January 10, 2018
-As officers of the court, lawyers are duty-bound to observe and maintain the respect due to the courts and judicial
officers.
-They are to abstain from offensive or menacing language or behavior before the court and must refrain from
attributing to a judge motives that are not supported by the record or have no materiality to the case.
Section 9: Obstructing access to evidence or altering, destroying or concealing evidence.
Section 10: Conduct on the presentation of witness
Section 11: False representation or statements; duty to correct.
Section 12: Duty to report dishonest, deceitful, or misleading conduct.
Section 13: Imputation of misconduct, impropriety, or crime without basis.
Section 14: Remedy for grievance, insinuation of improper motive.
Section 15: Improper claim of influence of familiarity.
Judge Alpajora vs. Aty. Calayan, January 10, 2018

As officers of the court, lawyers are duty-bound to observe and maintain the respect due to the courts and
judicial officers.

They are to abstain from offensive or menacing language or behavior before the court and must refrain from
attributing to a judge motive that are not supported by the record or have no materiality to the case.
Section 16: Duty to report life-threatening situations.
Section 17: Non-solicitation and impermissible advertisement.
Section 18: Prohibition against self-promotion.
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Can only provide opinions on the terminated cases and not on the pending cases in order not to cause
pre-judgement of the case that may result to sub judice.
Section 19: Sub Judice Rule
Sub-judice Rule
-applies to pending cases that may:
1. cause pre-judgment
2. sway public perception as to impede, obstruct or influence the decision of such court, tribunal, other government
agency which tends to tarnish the courts tribunal
3. impute improper motives
Rationale of Sub Judice Rule
-Courts should be immune from every extraneous influence in the decision of issues of fact and law; that facts should
be decided proceedings.
Section 20: Disclosure of relationship or connection (lawyer-client privilege/relationship)
-lawyer has to respect the trust and confidence on the lawyer-client privilege. Lawyers are not allowed to
divulge any information confessed by the clients in relation to the legal engagement interred into by the lawyer and
the client unless otherwise the client s consent to do so.
SC ruled and cited the factors essential to establish the existence of the privilege, viz:
1.
2.
3.
4.
5.
6.
7.
8.
Where legal advice of any kind is sought;
From a professional legal adviser in his capacity as such;
The communications relating to that purpose;
Made in confidence;
By the client;
Are at his instance permanently protected;
From
disclosure by himself or by the legal advisor;
Except the protection is waived.

Section 3 of Canon III on Fidelity provides that a lawyer-client relationship is of the highest fiduciary
character. As a trust relation, it is essential that the engagement is founded on the confidence reposed by the
client on the lawyer. Therefore, a client-lawyer relationship shall arise when the client consciously,
voluntarily and in good faith vests a lawyer with the client’s confidence for the purpose of rendering legal
services such as providing legal advice or representation, and the lawyer, whether expressly or impliedly,
agrees to render such services.
Section 21: Prohibition against gift-giving and donations.
Section 22: No undue advantage of ignorance of the law.
Section 23: Instituting multiple cases; forum-shopping.
Section 24: Encroaching or interfering in another lawyers-engagement.
Duty to the Bar
 deal with fellow lawyers with candor, fairness, curtesy, and truthfulness;
 avoid encroachment on the business of other lawyers;
 uphold the honor of the profession.
SC ruled in the case of Atty. Servandal vs. Atty. Adame which provides that lawyer shall not, directly or
indirectly, encroach upon the professional employment of another lawyer, it is the right of any lawyer,
without fear or favor to give proper advice and assistance to those seeking relief against unfaithful or
neglectful counsel.
Supreme Court Ruled:
 as regards Rule 8.02 of the CPR, the court emphasized that settled is the rule that a lawyer should not steal
another lawyer’s clients nor induce the latter to retain him by a promise of better service, good result or
reduced fees for his services. (Linsangan vs. Atty. Tolentino, AC No. 6672, Sept. 4, 2009)
Section 25: Responsibility of a solo practitioner.

A lawyer in solo practice shall ensure that all matters requiring such lawyer’s professional skills and
judgement are promptly and competently addressed.
Section 26: Definition of a law firm; choice of firm name.

The firm name shall not use lawyer’s name who is directly or indirectly not partner of the law firm. The name
of the disbarred lawyer shall not be used in the firm’s name. However, names of the deceased partners can
be used to keep the goodwill of the law firm, provided, that deceased partner’s name shall not appear on the
pleadings and in case correspondence/communication, the name should be properly indicated as deceased in
order not to mislead the public in general. (David Yu Kimteng vs. Atty. Walter T. Young)
IBP is a Sui Generis Institution (PD 189, May 1973)

due to this peculiar manner of creation, it now becomes reasonable for the Court to conclude that the IBP is
a sui generis public institution deliberately organized, by both the legislative and judicial branches of
government and recognized by the present and past Constitutions, for the advancement of the legal
profession.
Section 27- Partner who assumes public office

When a partner assumes to public office, such partner shall withdraw from the firm and such partner’s name
shall be removed from the firm name, unless allowed by law to practice concurrently.
Section 28-Dignified government service

lawyers in govt service shall observe the standard of conduct the CPRA, the code of Ethical Standard fir
Pubic Official
Section 29- Lawyers formerly in govt service

lawyer who has left the govt service shall not engage in private practice before the where she/he previously
connected with within one (1) year.
Section 30-No financial interest in transaction; no gifts
Section 31- Prosecution of criminal cases



the primary duty of the public prosecutor is not to convict not to see the justice is done.
suppressing facts, concealing of, tampering with or destroying evidence, coaching a witness, or offering false
testimony is cause for disciplinary action.
the obligations of a public prosecutor shall also be imposed upon; lawyers in private practice who are
authorized to prosecute under the direct supervision and control of the public prosecutor.
Section 32- Lawyers in Academe
Section 34- Paralegal services; lawyer’s responsibility



A paralegal is the one who performs tasks that require familiarity with legal concepts, employed or retained
by a lawyer, law firm or corporation, government agency, or other entity for non-diagnostic and non-advisory
work in relation to legal matters delegated by such lawyer, law office, corporation, government agency, or
entity.
A lawyer must directly supervise a paralegal in the performance of the latter’s delegated duties.
Lawyer’s duty of confidentiality shall also extend to the services rendered by the paralegal, who is equally
bound to keep the privilege.
Section 35 – Non-delegable legal tasks
In the case of Rodrigo E. Tapay and Anthony Rustia vs. Atty. Bancolo and Atty. Jarder that a lawyer shall
not, directly or indirectly, assist in the unauthorized practice of law. Rule 9.01 provides that lawyer shall not delegate
to any unqualified person the performance of any task which by law may only be performed by a member of the Bar
in good standing.
Responsible Use Social Media

A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that
enhances the people’s confidence in the legal system, as well as promote its responsible use.
Section 26-Responsible Use

A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the
use of social media.

Time and again, it has been held that the freedom of speech and of expression, like all constitutional freedoms,
it is not absolute. As such, the constitutional right of freedom of expression may not be availed of to broadcast
lies or half-truths, insult others, destroy their name or reputation or bring them into disrepute.

As a final note, while freedom of expression is guaranteed by the Constitution, the lawyer's oath and
his duties and responsibilities ultimately serve as a limit thereto. We caution lawyers to be circumspect
in their postings online. They are reminded to always practice restraint in their conduct, be it in real
life or online. Otherwise, the rule of law may very well be completely circumvented and rendered
nugatory by blatantly seeking public trial on social media.
(Lao vs. Atty. Causing)
Section 43- Legal Information; legal advice
Section 44- Online posts that violate conflict of CPRA
Canon 3-Fidelity (56 Sections)
Canon 4- Competence and Dligence (10 Sections)
Canon 5- Equality