ETHICS
GROUP 1
1
3
What is the
PRACTICE of LAW?
Understand basic ethical rules and disciplines
governing attorney’s conduct, including
confidentiality, conflict of interest, independent
professional judgment, and compensation.
Define the concept of practice of law
2
What it means to become
an ATTORNEY?
4
Know your SOURCES
The ETHICAL WALL
Understand the ethical wall and know how a
lawyer protects him/her from conflicts
Know the sources of legal and ethical
guidelines for legal professionals
5
Becoming a BETTER LAWYER
Define unauthorized practice of law and how to
avoid such practice.
1
The PRACTICE of LAW
It is not necessary for a law practice to actually
be held within the courtroom as it includes any
activity which requires the application of law.
read: Cayetano v. Monsod
Practice of law is more of a PRIVILEGE THAN
A RIGHT. Although, it becomes a right from the
time a person is admitted to the BAR.
read: Tan V. Sabandal, Legarda v. C.A
“
“Although PRACTICE OF LAW is more of a
PRIVILEGE than a right, it becomes a RIGHT
from the time a person is admitted to the bar.
—ROLANDO SUAREZ
Introduction to Law (6th Edition)
LAW practice is not a business, but a PROFESSION
●
Law Advocacy is not a capital that is profitable as it only gives simple rewards for a
finished duty.
●
And it is but a calling much subject to governmental interference and more interested
in the interest of the people
(read: Metropolitan Bank and Trust Co. v. C.A.)
●
Legal practice is attained through years of hard studying, patience, zeal and ability.
●
The advantage of practicing law is not focused on monetary earnings, but rather on
the benefit of social prestige and intellectual status.
(read: Conrad v. Navarro | Ortigas v. Navarro)
2
Know your SOURCES
When we say LEGAL ETHICS,
it refers to a branch of moral science
where duties owes to the court, to
the client, and to the public
embodied in the Consitution, Rules
of Court, the Code of Professional
Responsibility, Canons of Judicial
Conducts, Jurispudence.
“
A lawyer shall uphold the constitution, obey the
laws of the land and promote respect for law
and for legal processes
(Canon 1, Rule 1.01)
It is not synonymous with an ordinary business proposition, it is a matter of public interest
see: Cantiller v. Potenciano, 180 SCRA 246
SOURCES / BASIS
of legal and ethical guidelines for legal professionals
●
The Code of Professional Responsibility with 22 Canons
- Good moral character is the cornerstone of the code
 Canon 1, Rule 1.01 – a lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct
●
Rules of Court Section 20
- Duties of attorneys
●
Good moral is a continuing requisite to REMAIN AS A MEMBER OF THE LEGAL
PROFESSION
(read: Emilio Grande v. Atty. Evangeline De Silva, A.C No. 4838, July 29, 2003)
New Code of Judicial Conduct for the Philippine Judiciary
INDEPENDENCE
is a pre-requisite to the Rule of Law and a fundamental
guarantee of a fair trial
INTEGRITY
is essential not only to the proper discharge of the judicial
office but also to the demeanor of judges
IMPARTIALITY
is essential to the proper discharge of the judicial office;
Applicable not only to the process but also to the decision made
New Code of Judicial Conduct for the Philippine Judiciary
PROPRIETY
is essential to the performance of all activities
EQUALITY
is an essential treatment for the due performance
of the judicial office
COMPETENCE &
DILIGENCE
necessary for the judicial functions and responsibilities in
making decisions and court’s operations
SOURCES / BASIS
of legal and ethical guidelines for legal professionals
●
The Code of Conduct for the Court Personnel
- Shall apply to all personnel in the judiciary, employed or not, who acquired while employed
the confidential information
Fidelity to duty
Confidentiality
Conflict of Interest
Performance of duties
● Rules on Notarial Practice
● Decisions
● Constitution
- Particularly in Article VIII Section 5(5)
3
The basic ethical rules
and disciplines
governing attorney’s
conduct
“
A lawyer shall uphold the Constitution, obey
the laws of the land, and promote respect for
law and legal processes.
CANON 1
The Code of Professional Responsibility
DUTIES OF AN ATTORNEY
to maintain allegiance to the Republic of the
Philippines and to support the Constitution
and obey the laws of the Philippines;
to observe and maintain the respect due to
the courts of justice and judicial officers;
to counsel or maintain such actions or
proceedings only as appear to him as just,
and such defenses only as he believes to
be honestly debatable under the laws;
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;
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
DUTIES OF AN ATTORNEY
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;
not to encourage either the commencement
or the continuance of an action or
proceeding, or delay any man’s cause for
any corrupt motive or interest;
never to reject, for any consideration
personal to himself, the cause of the
defenseless or oppressed;
in the defense of a person accused of a
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.
Good Moral Character of a Lawyer
LEGAL BASIS:
1. Rule 138, Section 2 Revised Rules of Court
“Every applicant for admission as a member of the bar must be a citizen of the
Philippines, at least twenty-one years of age, of good moral character, and
resident of the Philippines; and must produce before the Supreme Court
satisfactory evidence of good moral character, and that no charges against
him, involving moral turpitude, have been filed or are pending in any court in
the Philippines.”
2. Canon 1, Rule 1.01
“Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.”
RULE 1.01
A lawyer shall not engage in unlawful, dishonest, immoral or
deceitful conduct.
UNLAWFUL CONDUCT
is an act or omission which is
against the law.
DISHONESTY involves lying or cheating.
IMMORAL OR DECEITFUL CONDUCT
is that which
is willful, flagrant or shameless and which shows a moral
indifference to the opinion of the good and respectable members of
the community.
MORAL TURPITUDE includes
everything which is done
contrary to justice, honesty, modesty, or good morals.
RULE 1.02
A lawyer shall not counsel or abet activities aimed at defiance of the
law or at lessening confidence in the legal profession.
He should not promote an organization known to be violating
the law nor assist it in a scheme which he knows is dishonesty
He should not allow his services to be engaged by an
organization whose member as violating the law, to defend
them when they get caught.
SC will not allow the erosion of our people’s faith in the judicial
system, let alone, by those who have been privileged by it
to practice law in the Philippines.
[read: Estrada v. Sandiganbayan, 416 SCRA 465 (2003)]
RULE 1.03
A lawyer shall not, for any corrupt motive or interest, encourage
any suit or delay any man’s cause.
Among the unprofessional acts which come within the prohibition
include the lawyer’s:
1.
Volunteering advice to bring lawsuit, except in rare cases where
ties of blood, relationship, or trust.
2.
Hunting up defects in titles or other causes of action.
3.
Seeking out claims for personal injuries or those having any other
grounds of action to secure them as clients.
4.
Initiating a meeting of the members of a club and inducing them to
organize and contest a legislation under his guidance.
5.
Purchasing notes to collect them by litigation at a profit.
RULE 1.04
A lawyer shall encourage his clients to avoid, end or settle a
controversy if it will admit of a fair settlement.
He must act as mediator for compromise rather than an
instigator and conflict.
What sometimes beclouds a lawyer’s judgment as to what
is best for his client is his eye on the attorney’s fees
which are often less when the cause is amicably settled. The
problem of conflict of interests must be resolved against selfinterest.
Litigation involves time, expense, and ill feelings, which may
well be avoided by the settlement of the action.
Purpose of the PROHIBITION
To prevent ambulance chasing
-
solicitation of almost any kind of legal business
by laymen employed by an attorney for the
purpose or by the attorney himself
A compromise or even a confession of judgment will:
1.
2.
Accord respect to the just claim of the other party.
Save the client additional expenses.
A wide gap exists between the need
and its satisfaction mainly due to:
“A person in need of
legal services should be
able to find a lawyer
who is qualified to
provide them. It is the
responsibility of the
bar to make such
services available.”
(IBP)
1.
2.
Poverty and the consequent inability
to pay.
Ignorance not only of the need of legal
services but also of where to find a
competent and dependable lawyer.
“
A lawyer shall make his legal services available
in an efficient and convenient manner
compatible with the independence, integrity and
effectiveness of the profession.
CANON 2
The Code of Professional Responsibility
RULE 2.01
A lawyer shall not reject, except for valid reasons, the cause of
the defenseless or the oppressed.
The duty of a lawyer to accept the cause of the defenseless and
the oppressed empowers the court to require him to render
professional services to any party in a case, if the party is without
means to employ an attorney and the services of a lawyer are
necessary to protect the rights of such party or secure the ends of
justice.
To designate him as counsel de oficio for an accused if the latter is
unable to employ a counsel de parte
The lawyer assigned has to render effective legal services, under
the pain of disciplinary sanction should he fail to do so.
Every LAWYER should:
1. Welcome the assignment as an opportunity to render public service;
2. Show that the practice of law is a profession; and
3. Demonstrate that the efficient discharge of his duties does not depend upon
payment or amount of fees.
 Legal aid is not a matter of charity means for the correction of
social imbalance that may and often do lead to injustice
RULE 2.02
In such cases, even if the lawyer does not accept a case, he shall
not refuse to render legal advice to the person concerned if only to
the extent necessary to safeguard the latter’s rights.
GENERAL RULE: A lawyer may refuse to accept the cause of the
defenseless or the oppressed. A lawyer is not obliged to act as legal
counsel for any person who may wish to become his client.
EXCEPTIONS:
1.
A lawyer shall not refuse his services to the needy.
2.
He shall not decline to represent a person solely on account of
the latter’s race, sex, creed or status of life or because of his
own opinion regarding the guilt of said person.
3.
If there is serious and sufficient cause, an appointment as counsel
de oficio or as amici curiae, or a request from the Integrated Bar of
the Philippines or any of its chapters for rendition of free legal aid.
EXCEPTION TO THE EXCEPTION
EXCEPTION TO THE EXCEPTION: A lawyer may refuse to accept representation of an
indigent client if:
1. He is not in a position to carry out the work effectively or competently;
2. He labors under a conflict of interests between him and the prospective
client or between a present client and the prospective client.
A valid reason to refuse is when the lawyer is not in a position to carry out the work
effectively and competently BUT he shall still render legal advice.
He shall refrain from giving legal advice if the reason for not accepting the case is that there
involves a conflict of interest
(between him and a prospective client or between a present client and a prospective client).
RULE 2.03
A lawyer shall not do or permit to be done any act designed primarily
to solicit legal business
Primary characteristics which distinguish the legal profession from
business:
1.
Duty of service, of which the emolument is a by product, and in
which one may attain the highest eminence without making such
money;
2.
a relation as an ‘officer of court’ to the administration of justice
involving thorough sincerity, integrity and reliability;
3.
a relation to clients in the 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 and encroachment on their practice or dealing with
their clients.
GENERAL
RULE
E
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E
P
T
I
O
N
S
&
PERMISSIBLE
ADVERTISEMENTS
No advertisements allowed. The most worthy and effective
advertisement possible is the establishment of a well-merited
reputation for professional capacity and fidelity to trust.
Reputable law lists, in a manner consistent with the standards of conduct
imposed by the canons, of brief biographical and informative data, are allowed.
Ordinary simple professional card. It may contain only a statement of his name,
the name of the law firm which he is connected with, address, telephone number
and the special branch of law practiced.
A simple announcement of the opening of a law firm or of changes in the
partnership, associates, firm name or office address, being for the convenience
of the profession, is not objectionable.
Advertisements or simple announcement of the existence of a lawyer or his law
firm posted anywhere it is proper such as his place of business or residence
except courtrooms and government buildings.
Advertisements or announcement in any legal publication, including books,
journals, and legal magazines.
RULE 2.04
A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.
A lawyer cannot delay the approval of a compromise
agreement entered into between parties, just because his
attorney’s fees were not provided for in the agreement.
RULE: A lawyer cannot compromise the case without client’s
consent (special authority).
EXCEPTION: Lawyer has exclusive management of the procedural
aspect of the litigation (e.g. Submission for decision on the evidence
so far presented.)
But in case where lawyer is confronted with an emergency and
urgent action is necessary to protect clients interest and there’s no
opportunity for consultation, the lawyer may compromise
RULE 2.04
A lawyer shall not charge rates lower than those customarily or
prescribed, unless circumstances so warrant.
A lawyer cannot delay the approval of a compromise
agreement entered into between parties, just because his
attorney’s fees were not provided for in the agreement.
RULE: Refrain from charging rates lower than the customary rates.
VALID JUSTIFICATION: Relatives, co-lawyers, too poor
Disbarment and Discipline of Lawyers
Section 1 (Rule 139-B)
Section 1. How Instituted. — Proceedings for the disbarment, suspension, or discipline of attorneys may be taken
by the Supreme Court motu propio, or by the Integrated Bar of the Philippines (IBP) upon the verified complaint of
any person.
The complaint shall state clearly and concisely the facts complained of and shall be supported by affidavits of
persons having personal knowledge of the facts therein alleged and/or by such documents as may substantiate said
facts.
●
●
The IBP Board of Governors may, motu propio or upon referral by the Supreme Court or by a Chapter Board of
Officers, or at the instance of any person, initiate and prosecute proper charges against erring attorneys
including those in the government service.
Six (6) copies of the verified complaint shall be filed with the Secretary of the IBP or the Secretary of any of its
chapter who shall forthwith transmit the same to the IBP Board of Governors for assignment to an investigator.
Leopoldo v. Credito, et. al.
v. Atty. Salvador T. Sabio
A.C No. 4920, October 19, 2005
FACTS
•
The labor ordered the reinstatement of the employee/ laborers of the Binalbagan Isabela Sugar
Company and awarded to them the amount of P9,679,133.38 as total back wages.
•
The NRLC reversed the said decision which prompted the complaints, led by Credito to as Atty.
Salvador T. Sabio to file a petition for certiorari with the Supreme Court, Complainants Collected
amounts from members ranging 30 to 100 each to defray the expenses in filing the petition.
•
However, the Court dismissed the petition on March 2, 1992 for failure to pay proper docket and filing
fees and for lack of the required certification against from shopping. Respondents allegedly did not tell
petitioners of the dismissal for three years.
•
Complaints sought for disbarment of respondent for negligence of duties. The matter was referred to
the IBP, which initially found respondent guilty of simple negligence and illegal and unjust actuation
as practicing lawyer for which the penalty of two year suspension was recommended. The IBP Board
of Directors reduced the penalty to a “warning” that similar offense in the future would be dealt with
more severely.
Leopoldo v. Credito, et. al.
v. Atty. Salvador T. Sabio
A.C No. 4920, October 19, 2005
HELD
•
Canon 17 of the Code of Professional Responsibility provides that lawyers owe
fidelity to the cause of their client and must therefore be always mindful of the trust and
confidence reposed in them.
•
Under Canon 18, they are mandated to serve their client with competence and
diligence. Specifically, they are not to "neglect a legal matter entrusted to them and
negligence in connection therewith shall render [them] liable.” Additionally, they are
required to keep their client informed of the status of the latter's cases and to respond
within a reasonable time to requests for information. Even before joining the bar, lawyers
subscribe to an Oath to conduct themselves "with all good fidelity as well to the courts as
to their clients.“
Leopoldo v. Credito, et. al.
v. Atty. Salvador T. Sabio
A.C No. 4920, October 19, 2005
DISPOSITION
Atty. Sabio was GUILTY of violating Canon 17 and 18 of the Canon of Professional
Responsibility and for which he was SUSPENDED from the practice of law for one year
effective upon receipt of decision, with stern warning that similar acts in the future will be
dealt with more severely.
4
The
ETHICAL
WALL
and how does a lawyer protects
himself/herself from conflicts?
E
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H
I
C
A
L
W
A
L
L
It is a screening mechanism that protects a client from a conflict of
interest by preventing one or more lawyers within an organization
from participating in any matter involving that client.
It refers to procedures taken by a firm to prevent information
obtained while representing a client from being disclosed to
employees in the same firm who represent other clients that may
profit from the information.
A metaphorical wall is created between the holders of information
and colleagues who represent interests or hold opinions which
conflict.
E
T
H
I
C
A
L
Creation of an ethical wall generally entails
W
A
L
L
Prohibiting certain lawyers and paralegals
from having any connection with a particular matter
Banning discussions with those individuals
regarding that matter
Restriction of access to files concerning the matter and
educating all members of the firm, corporation, or entity
about the separation of the lawyers and paralegals from the
particular matter
*This is also referred to as Chinese wall
definitions.uslegal.com
Conflict of Interest
A term used to describe the situation in which a public official or
fiduciary who, contrary to the obligation and absolute duty to act for
the benefit of the public or a designated individual, exploits the
relationship for personal benefit, typically pecuniary.
West's Encyclopedia of American Law, 2nd Edition. (2008)
Conflict of Interest
Two (2) responsibilities to his/her client:
1.
The obligation to avoid any conflict between his duty to his client and his own interests he must not make a profit or secure a benefit, at the expense of his client's expense.
1.
When he endeavors to serve two masters and requires full disclosure to both.
It is also an area that requires the balancing of two (2) public interests:
1.
The interest in clients having full confidence in their lawyers, including the protecting of their
confidences;
2.
the interest in the freedom of a lawyer to take instructions and for the client to be represented by
the lawyer of his or her choice.
Peter MacFarlane (1998-2006) | The Importance of Ethics and the application of Ethical Principles to the Legal Profession
How does a lawyer protects himself/herself from conflicts?
A lawyer facing a potential conflict of
interest might also consider what his own
position is within a firm, whether he is an
associate, or a partner, or of counsel.
Such a lawyer might consider how he/she
is going to protect his/her client, firm, and
his/herself in addressing the
conflict of interest
LORI TRIPOLI (June 25, 2019)
How does a lawyer protects himself/herself from conflicts?
Lawyers who are faced with this kind of situation
should constantly exercise prudence in accepting
an engagement and must always uphold the
tenets of the lawyer’s oath as well as the
Code of Professional Responsibility.
As explicitly provided for under
Rule 15.03, Canon 15 of the Code:
“A lawyer shall not represent conflicting interests
except by written consent of all concerned given
after a full disclosure of the facts.”
What lawyers should do when there is conflict of interest | Acosta (2017)
“
A lawyer shall preserve the confidence and
secrets of his client even after the AttorneyClient relation is terminated.
CANON 21
The Code of Professional Responsibility
How does a lawyer protects himself/herself from conflicts?
[RULE 21.01] A lawyer shall not reveal
the confidences or secrets of his client
except;
a. When authorized by the client after
acquainting him of the
consequences of the disclosure;
b. When required by law;
c. When necessary to collect his fees
or to defend himself, his employees
or associates or by judicial action.
How does a lawyer protects himself/herself from conflicts?
[RULE 21.02-A]
A lawyer shall not, to the disadvantage of his
client, use information acquired in the course
of employment, nor shall he use the same to
his own advantage or that of a third person,
unless the client with full knowledge of the
circumstances consents thereto.
“
It is to be borne in mind that all barristers are members of a profession as distinct from
being engaged in a trade. A trade or business is an occupation or calling in which the
primary object is the pursuit of pecuniary gain.
Honesty and honorable dealing are, of course, expected from every man, whether he be
engaged in professional practice or in any other gainful occupation.
But in a profession, pecuniary success is not the only goal.
Service is the ideal, and the earning of remuneration
must always be subservient to this main purpose."
–Peter MacFarlene (2002)
The Importance of Ethics and the Application of Ethical Principles to the Legal Profession
5
Unauthorized
Practice
of Law
and how to avoid it!
UNAUTHORIZED PRACTICE OF LAW
The general principle holds that someone
who is unlicensed may not do the same job a
lawyer would for money.
This includes writing contracts, giving legal advice,
or representing clients in court.
Generally,
to practice law
is to render any kind of
service which requires the
use of legal knowledge or
skill.
“
The unauthorized practice of law
is ‘the practice of law’ by a person, typically
a non-lawyer, who has not been licensed
or admitted to practice law in a given
jurisdiction.
—HENRY CAMPBELL BLACK
Black’s Law Dictionary (10th Edition) [edited by Bryan Garner]
EXCEPTIONS
As a rule, only those who are licensed to practice law can appear and handle
cases in court.
However, a law student may appear in any civil, criminal, or administrative case
to represent indigent clients accepted by the legal clinic:
1. Successfully completed his third year in law school
2. Must be currently enrolled in a recognized law school’s Clinical Legal
Education Program approved by the SC
(Rule 138-A, Revised Rules of Courts)
LIMITATIONS
1.
2.
3.
The appearance of said student in court is subject to supervision and control of a member
of IBP duly accredited by the law school;
Any pleading, motion, brief, memoranda and other papers to be filed must be signed by the
supervising attorney (Secs. 1 and 2, Rule 138-A, RRC)
When a law student appears before the court, he is subject to supervision and control of a
member of IBP.
 However, rule shall not apply if said student appears as non-lawyer before the inferior courts, provided he is an agent or
friend of the party litigant as prescribed by Section 34, Rule 138 of the RRC
(read: Cruz v. Mina, 552 SCRA 387, April 27, 2007)
4.
It is required that the supervising lawyer should be physically present during the hearing.
Can non-lawyers APPEAR in courts?
As a rule, a non-lawyer who practices law will be GUILTY of illegal practice of law.
(read: Zeta v. Malinao, Administrative Case No.P-22, Dec 20, 1978)
E
X
C
E
P
T
I
O
N
S
1.
In cases before the MTC, a party may conduct his litigation in person, with the aid of an
agent or friend appointed by him (Sec. 34, Rule 138, RCC)
2.
In cases before ay court, a party may conduct his litigation personally, provided that if he
decided to get a person to assist him, that someone must be an authorized member of the
Bar.
3.
If he appears personally, he is bound by the same rules in conducting the trial of his case. He
cannot after judgment, claim that he was not properly represented by counsel.
(read: Cruz v. Cabrera, 441 SCRA 211, Oct 25, 2004)
4.
In a criminal case before the MTC, and in a locality where a duly licensed member of the Bar
is not available, the judge may appoint a non-lawyer who is a resident of the province and
of good repute for probity and ability to aid the accused in his defense.
Can non-lawyers APPEAR in the NLRC or
before the labor arbiter?
They may IF:
a.
They represent themselves as party to the case;
b.
They represent a labor organization which is party to the case;
c.
They represent a member/s of a legitimate labor organization that is existing within the
employer’s establishment who are parties to the case;
d.
they are duly accredited members of any legal aid office and duly recognized by the DOJ or
the IBP in cases referred to by the latter;
e.
The “non-lawyer” is the owner or president of a corporation or establishment which is a party
to the case. [Sec. 6(6) 2011, NLRC Rules of Procedures]
Who are PROHIBITED from engaging in the
practice of law?
1. Those who do not possess the
qualifications for admission to the bar and
have not complied with the requirements
to practice law
2. A lawyer who is disbarred unless
readmitted
3. Those who are suspended are prohibited
during the period of their suspension
What are the SANCTIONS for practice or
appearance without authority?
For lawyers without authority, they may be punished for contempt as an officer of the court
who has misbehaved in his official transaction. [Sec. 21, Rule 138, RRC]
SITUATIONS
PUNISHMENT
CASES
Liable for contempt of court, punishable by
fine or imprisonment or both
Beltran v. Abad, A.M. No. 139, March 28,
1983
In re: David, 93 Phil. 461 [1954]
He makes possible the illegal practice of
law by a layman
Disciplined, suspended, or disbarred for
misconduct as an officer of the court
People v. De Luna, 102 Phil. 968, Jan 31,
1958
A government attorney who engages in
private practice of law WITHOUT the
written permit of his immediate superior
May be administratively liable
Misamin v. San Juan, 72 SCRA, Aug 31,
1976
Lawyers who are SUSPENDED or
DISBARRED but continues to practice law
(including acting as an agent of litigant or any circumstances
wherein he associates himself as a lawyer
What are the SANCTIONS for practice or
appearance without authority?
For “non-lawyers”, they may be punished for indirect contempt for assuming to be an attorney and
acting as such without authority. [Sec 3(e), Rule 71, RRC]
If his action resulted to damage to another party,
he may be liable to estafa, regardless of the
success of managing the litigation by the said
lawyer.
(read: US v. Durban Phil. 797, Aug 27, 1917)
AVOIDING UNAUTHORIZED PRACTICE OF LAW
There are FIVE (5) things that ONLY a licensed lawyer can do:
1. Initiate a lawyer-client relationship
2. Provide legal advice
3. Any legal papers or pleadings on behalf of the client
can only be signed by a lawyer
4. Carry out legal proceedings in a court of law
5. Charge a fee for these legal services
Give only the legal FACTS as a LAW STUDENT,
Give your legal OPINION as a licensed ATTORNEY.
The Paralegal Resource (www.theparalegalresource.com)
THANKS!
Do you have any questions?
RESOURCES:
Introduction to Law,
Edition, 2017 REX Bookstore by Rolando A. Suarez
Legal and Judicial Ethics (Legal Pabulum) by Oscar Bernardo (2006 Edition)
Legal and Judicial Ethics by Atty. Ruben E. Agpalo
https://lawphilreviewer.wordpress.com/tag/legal-ethics-chapter-i-lawyer-and-society/
6th
1
Cayetano v. Monsod  https://bit.ly/3iJUL3T
Tan v. Sabandal  https://bit.ly/34KTeWl
Legarda v. C.A  https://bit.ly/3jSs71P
Metropolitan Bank and Trust Co. v. C.A.  https://bit.ly/2FdiID5
Conrad v. Navarro  https://bit.ly/2SBzhvg
Ortigas v. Navarro  https://bit.ly/3dc6G9w
2
Cantiller v. Potenciano  https://bit.ly/3nx1DoY
Emilio Grande v. Atty. Evangeline De Silva  https://bit.ly/34BnToV
3
Estrada v. Sandiganbayan  https://bit.ly/33GZmjd
Leopoldo v. Credito, et. al. v. Atty. Salvador T. Sabio  https://bit.ly/30LQXZO
5
Cruz v. Mina  https://bit.ly/33PbS03
Zeta v. Malinao  https://bit.ly/3dilS4O
Cruz v. Cabrera  https://bit.ly/36VwwgI
Beltran v. Abad  https://bit.ly/33QvFvO
People v. De Luna  https://bit.ly/33OguTU
Misamin v. San Juan 
https://bit.ly/3nJcMTQ
US v. Durban  https://bit.ly/3dgJN4R
C
A
S
E
S