PRACTICE OF LAW service to clients and the community comes first.

Lawyers must
prioritize ethics and fairness over personal gain.
1. Basic Concepts
● Lawyers should not advertise their legal services and
Definition of the Practice of Law practice, except in allowable instances.

● The practice of law is more than just standing up in 1.1 Qualifications for Admission to the Bar (Bar Matter No.
court to argue a case. 1153)
● It includes all activities that involve giving legal advice,
preparing legal documents, and applying legal To become a lawyer, you need more than just a law degree.
principles to help clients solve their legal issues. Here are the key qualifications:
● Lawyers don’t just work in court; they also help
businesses, individuals, and the government with ● You must pass the Bar exam, which tests your legal
contracts, negotiations, and understanding laws. knowledge.
● You must be of good moral character, which means you
Practice of Law as a Privilege, Not a Right should act in an ethical and responsible manner both
personally and professionally.
Being a lawyer is a privilege, not something you’re ● You must meet certain residency and citizenship
automatically entitled to. The privilege is given to you after requirements to be allowed to practice law in the
you meet certain qualifications, like passing the Bar exam. You Philippines.
can lose this privilege if you break the rules of ethical behavior
or professional conduct, meaning lawyers are always expected 1.2 Continuing Requirements for Membership in the Bar
to uphold high standards.
Being a lawyer is not a one-time achievement; you must
Law as a Profession, Not a Business or Trade continue to meet certain requirements throughout your career
to remain in good standing. One of these requirements is
Lawyers are expected to act with a sense of duty to justice and participating in the Mandatory Continuing Legal Education
public service, not just make money. Unlike a business, which (MCLE), which helps ensure that lawyers stay updated on legal
primarily aims to make profits, law is a profession where
changes and improvements. Failing to meet these requirements straightforward, so people can handle their cases without
can lead to penalties, such as suspension from practicing law. needing to hire a lawyer.

1.3 Appearance of Non-Lawyers 1.4 Prohibited Practice of Non-Lawyers and Appearance

Without Authority
Law Student Practice Rule (Rule 138-A, A.M. No.
19-03-24-SC) Non-lawyers are generally prohibited from practicing law
unless given special permission by the court or the law. For
Law students, under certain conditions, are allowed to practice instance, paralegals or law students cannot provide legal advice
law as part of their legal training. This rule gives students the or represent clients without proper supervision or authorization.
opportunity to handle real cases while being supervised by a If a non-lawyer represents someone without the authority to do
licensed lawyer. It allows them to gain practical experience so, it can lead to penalties.
before they fully qualify as lawyers.
1.5 Public Officials and the Practice of Law
Non-lawyers in Courts and/or Administrative Tribunals
Prohibitions and Disqualifications of Former Government
In some cases, non-lawyers are allowed to appear in courts or Attorneys
administrative bodies, especially in more informal settings or
special cases. For example, in small claims courts or certain When government attorneys leave their jobs, they face
labor tribunals, people can represent themselves or be restrictions on what kinds of legal work they can do in private
represented by non-lawyers if allowed by law. practice, especially in cases they worked on while in
government service. For example, a former prosecutor cannot
Proceedings Where Lawyers are Prohibited to Appear as immediately represent someone in a case they handled while
Counsels working for the government.

There are some legal proceedings, like small claims courts,

where lawyers are not allowed to appear as representatives.
These types of proceedings aim to be more accessible and
Public Officials Who Cannot Practice Law or Can Practice SUMMARY
Law With Restrictions
1. Definition of the Practice of Law: Being a lawyer
Certain government officials, like judges and prosecutors, are isn’t just about going to court. Lawyers help clients
not allowed to practice law while they hold office. This rule with many things, like giving legal advice or writing
helps prevent conflicts of interest. Some public officials can legal documents.
practice law under specific restrictions, but they must always 2. Law as a Privilege: Being a lawyer is a privilege that
ensure there’s no conflict between their public duties and their comes with responsibilities. If you don’t follow the
legal practice. rules, you can lose this privilege.
3. Law as a Profession: Lawyers should focus on helping
1.6 Lawyers Authorized to Represent the Government people and serving justice, not just making money.
4. Qualifications for Admission: To become a lawyer,
Certain lawyers, like public prosecutors or legal advisers for you must pass the Bar exam and have good moral
government agencies, are authorized to represent the character.
government in legal matters. These lawyers handle cases on 5. Continued Learning: Lawyers must keep learning
behalf of the state and are subject to special ethical rules. For through programs like the MCLE to stay updated on the
example, a government lawyer cannot privately represent law.
clients against the government. 6. Law Student Practice: Law students can practice law
under supervision to gain experience before becoming
full-fledged lawyers.
7. Prohibited Practice for Non-Lawyers: Non-lawyers
cannot act as lawyers unless given special permission.
8. Government Lawyers: Government officials like
judges cannot practice law while in office. Lawyers
representing the government have special rules they
must follow.
CODE OF PROFESSIONAL RESPONSIBILITY AND ● Lawyers must make legal services available to
ACCOUNTABILITY everyone who needs them, without compromising their
integrity.
Canon I: Independence
Canon II: Propriety
What it means:
This canon is all about a lawyer’s ability to work freely, What it means:
without being influenced or pressured by anyone. Lawyers “Propriety” is about behaving properly. Lawyers have a duty to
need to stay independent so they can make the best decisions act with the highest standards of honesty, courtesy, and respect,
for their clients based on the facts and the law, not based on not just in their professional life but in their personal life too.
favors or connections. Independence helps ensure that the People expect lawyers to be role models when it comes to
justice system is fair and impartial. following the law and behaving ethically.

Why it’s important: Why it’s important:

If a lawyer is influenced by external pressures, it compromises Lawyers have a significant impact on people’s lives, and the
the fairness of the legal process. Lawyers need to be able to act public places a lot of trust in them. If lawyers behave
in their client’s best interest, without worrying about inappropriately, it not only damages their reputation but also
interference from the government, other clients, or personal the reputation of the entire legal profession. This can weaken
gain. Independence allows them to focus on what’s right, not the public’s trust in the justice system.
what’s convenient.
Key Points:
Key Points:
● Honesty: Lawyers should never engage in dishonest,
● Lawyers should always provide their services based on immoral, or deceitful conduct.
the merits of the case, not on who’s asking or offering ● Respect: They must respect the courts, their fellow
favors. lawyers, and the public. This means being polite and
● They shouldn’t allow their clients to dictate how they professional in all dealings.
handle legal strategies, but they should respect a client’s
decision on things like settling a case.
 ● Avoiding abuse: Lawyers should not create a hostile Key Points:
environment or engage in harassment or discrimination,
whether at work or in their personal life. ● Loyalty to clients: Lawyers must work diligently for
● Use of language: They should always use respectful their clients, always acting in their best interest, within
and appropriate language, even in heated situations, and the bounds of the law.
avoid offensive or scandalous remarks. ● Trust: The relationship between a lawyer and client is
● No misleading the court: A lawyer should never try to based on trust. Clients must feel confident that their
mislead a court or tribunal by misrepresenting facts, lawyer will protect their interests and keep their
evidence, or legal authorities. information confidential.
● Avoid conflicts of interest: Lawyers shouldn’t
Canon III: Fidelity represent clients with opposing interests unless all
parties involved give informed consent.
What it means: ● Responsibility for client decisions: While lawyers
Fidelity refers to loyalty and faithfulness. Lawyers owe handle legal strategies, they must respect the client’s
complete loyalty to their clients, the courts, and the law itself. decisions regarding things like settling or
This means that when a lawyer represents a client, they must be compromising a case.
fully dedicated to their cause, acting in the client’s best interest
while also upholding the law. Canon IV: Competence and Diligence

Why it’s important: What it means:

Lawyers handle sensitive and often life-changing matters for This canon emphasizes that lawyers need to be good at their
their clients. The trust between a lawyer and their client is job (competent) and work hard (diligent). Being a lawyer
crucial, and the lawyer must be worthy of that trust. At the requires continuous learning, preparation, and careful handling
same time, lawyers must respect the law and the justice system, of legal matters. Lawyers must ensure they are providing their
meaning they can’t break or bend the rules to benefit their clients with high-quality, well-informed legal representation.
client.
Why it’s important:
The law is complex and constantly changing, so lawyers must
stay updated and be prepared to handle the challenges of each
case. If a lawyer isn’t competent or diligent, they risk hurting Why it’s important:
their clients by missing deadlines, giving poor advice, or The justice system is supposed to be fair and impartial, and
failing to prepare adequately for court. lawyers play a big part in making that happen. If lawyers
discriminate or treat people differently based on personal
Key Points: characteristics, it undermines the principle of equality and
justice for all.
● Competence: Lawyers must have the necessary
knowledge and skills to handle the cases they take on. Key Points:
They should never handle a legal matter unless they are
adequately prepared and qualified. ● Non-discrimination: Lawyers cannot refuse to
● Diligence: Lawyers must act promptly and thoroughly, represent someone just because of who they
ensuring they do everything they can to move a case are—whether that’s based on their race, gender,
forward without unnecessary delays. religion, or social status.
● Continuous learning: Lawyers need to keep learning ● Special care for vulnerable people: Lawyers must be
throughout their career to stay informed about changes especially careful to provide high-quality legal services
in the law. to people who are more vulnerable, such as children,
● Responsibility for their work: Lawyers are the elderly, or those who are economically
responsible for their mistakes, and they must ensure disadvantaged.
that their legal services meet professional standards. ● Indigent representation: Lawyers shouldn’t refuse to
represent someone just because they can’t pay,
Canon V: Equality especially if the person is indigent (too poor to afford
legal services).
What it means:
Lawyers must treat everyone equally, regardless of their race, Canon VI: Accountability
gender, religion, economic status, or any other personal
characteristic. This canon reinforces the idea that everyone What it means:
deserves access to justice, and a lawyer’s duty is to ensure fair Lawyers are held accountable for their actions. If they break
treatment for all clients, especially those who are vulnerable or the rules, act unethically, or provide poor representation, they
marginalized. can face disciplinary measures. These can range from fines to
being disbarred (losing their license to practice law). Lawyers SUMMARY:
must always act with the highest degree of integrity, both in
their personal and professional lives. ● Canon I ensures that lawyers remain free from undue
influence.
Why it’s important: ● Canon II demands that they always act properly and
Accountability ensures that lawyers are held to a high standard with respect.
of conduct. If they fail in their duties, there are consequences, ● Canon III focuses on their loyalty to their clients and
which helps maintain the public’s trust in the legal system. the legal system.
Without accountability, there would be no way to enforce ● Canon IV emphasizes the need for skill, preparation,
ethical standards or protect clients from misconduct. and hard work.
● Canon V ensures fairness and equal treatment for all
Key Points: clients.
● Canon VI holds them accountable for their actions and
● Disciplinary proceedings: Lawyers can be investigated behavior.
and punished if they act unethically. These proceedings
are serious and aim to protect the integrity of the legal Each of these Canons helps ensure that the legal profession
profession. remains ethical, fair, and competent, providing everyone with
● Punishments: Depending on the severity of the access to justice.
misconduct, punishments can include suspension from
practicing law, fines, or even disbarment.
● Ongoing duty: Even after a case or issue is resolved,
lawyers have an ongoing duty to uphold ethical
standards. If they violate the rules at any time, they can
be held accountable.
GENERAL PROVISIONS SUMMARY:

1. Retroactive Effect 1. Retroactive Effect: The new rules apply to both new
and ongoing cases, as long as applying them doesn’t
What it means: cause confusion or unfairness.
This new Code of Professional Responsibility and 2. Repealing Clause: The old rules from 1988 and certain
Accountability (CPRA) applies not only to cases filed after it sections of the old court rules are now officially
came into effect but also to cases that were already in progress replaced by this new set of rules.
before it was introduced. 3. Effectivity Clause: The new rules took effect on April
11, 2023, after being published in official sources to
2. Repealing Clause notify everyone.

What it means: These general provisions lay the foundation for how the new
This provision says that the old Code of Professional rules will be used and make sure there’s a clear transition from
Responsibility (from 1988) and certain sections of Rule 138 of the old set of rules to the new one. They also ensure that
the Rules of Court (the rule that governs lawyers) are now everyone is on the same page when it comes to applying the
officially replaced by this new code. Any old rules or court law fairly.
decisions that are inconsistent with this new code are also
considered changed or canceled.

3. Effectivity Clause

What it means:
The CPRA became official and took effect on April 11, 2023.
It was published in the Official Gazette or in two national
newspapers, which made it legally binding.
Key Features of the Lawyer-Client Relationship knowing that their secrets or sensitive
information won’t be shared.
1. Trust and Confidence
● The relationship is built on the client’s trust in 3. Loyalty
the lawyer’s ability to handle their legal affairs ● Lawyers owe their clients a duty of loyalty.
professionally. This means the client believes They should not represent two clients with
the lawyer will act in their best interest, and the opposing interests unless both clients give
lawyer is required to honor that trust. informed consent. For example, a lawyer cannot
● Fiduciary Duty: This legal term means that the represent a company and its competitor in the
lawyer must put the client’s interests above their same legal matter without causing a conflict of
own. The lawyer should avoid conflicts of interest.
interest and make sure that every action they ● Conflict of Interest: This refers to situations
take benefits the client. where the lawyer’s duties to one client might
● Clients can terminate services of their lawyer, interfere with their duties to another client. To
and look for another counsel at any time. If the prevent this, lawyers need to avoid representing
client has unpaid professional fees, the lawyer clients with conflicting interests unless both
has the remedy of retaining documents of the parties fully understand and agree to it.
client until the client has paid their legal fees.
4. Competence and Diligence
2. Confidentiality ● Once a lawyer agrees to take on a client’s case,
● A lawyer is required to keep everything the they must do so with competence (skill and
client tells them private. This is called knowledge) and diligence (careful and persistent
attorney-client privilege. Even after the case is work). A lawyer cannot take on a case if they
over or the lawyer-client relationship has ended, are not prepared or lack the knowledge required
the lawyer must not disclose any information for the case.
shared by the client without permission. ● They should also handle the case without
● Confidentiality builds trust, allowing the client unnecessary delays, ensuring that the client’s
to be completely honest with their lawyer, legal needs are addressed promptly and
thoroughly.
5. Authority and Decision-Making
● While lawyers have the authority to act on
behalf of their clients in legal matters, they must
respect the client’s decisions on major issues,
such as settling a case. Lawyers guide the legal
strategy, but they should not make important
decisions without the client’s approval.
● Special Power of Attorney: In some cases,
especially when involving settlements or
accepting payments, the lawyer may need
special authorization from the client to act. This
protects the client’s rights and ensures
transparency.

6. Honesty and Transparency

● Lawyers must keep their clients informed about
the status of their case, explain legal strategies,
and give honest advice about the chances of
success. Clients should never be left in the dark
about their legal matters.
● Lawyers are also required to communicate
regularly with their clients, providing updates
on the case, answering questions
Bar Requirements: ● This ensures that individuals who will soon be entrusted
with people’s legal problems and sensitive information
1. Legal Education are trustworthy, ethical, and have a clean record.
● If a person has committed any serious criminal or
Before anyone can even think about becoming a lawyer, they unethical acts in the past, this can be grounds for being
must first complete their education in law. This means: denied entry to the bar, even if they pass the exam.

● Bachelor’s Degree: Before entering law school, a 3. Philippine Citizenship

student needs a bachelor’s degree. This can be in any
field, but most students choose something related to To take the bar exam and practice law in the Philippines, you
political science, business, or history to prepare for law must be a Filipino citizen. This is because practicing law
school. involves defending and interpreting the laws of the Philippines,
● Law Degree: The aspiring lawyer must then complete a and the system is designed to have Filipino lawyers who
Bachelor of Laws (LL.B.) or Juris Doctor (J.D.) understand the culture, language, and legal framework.
program from an accredited law school in the
Philippines. This takes about four years of studying 4. Bar Exam
various legal subjects like civil law, constitutional law,
criminal law, and legal ethics. The bar examination is a critical step in becoming a lawyer in
the Philippines. It is held once a year and is administered by
2. Good Moral Character the Supreme Court of the Philippines. Here’s what you need to
know:
One of the most important requirements for becoming a lawyer
is having good moral character. Here’s what it means: ● Subjects Covered: The bar exam tests your knowledge
of eight major legal areas:
● Applicants for the bar exam must submit certificates of 1. Political Law and Public International
good moral character, often from respected members of Law
the community, professors, or people who know the 2. Labor Law
applicant well. 3. Civil Law
4. Taxation Law
 5. Commercial Law ensure that only ethically qualified and responsible individuals
6. Criminal Law are allowed to practice law.
7. Remedial Law
8. Legal Ethics and Practical Exercises 7. Oath-Taking and Signing of the Roll of Attorneys
● Format: The bar exam typically consists of essay-type
questions, but recent updates have also introduced After successfully passing the bar exam and receiving
multiple-choice questions (MCQs) in some areas. The clearance, candidates must:
essays assess not only your legal knowledge but also
your ability to apply the law to real-world problems. ● Take the Oath of Office: This is a formal pledge
● Passing Rate: The passing grade for the bar exam is where the candidate promises to uphold the laws of the
75%. However, the Supreme Court may adjust this Philippines and adhere to the ethical standards expected
depending on the difficulty of the exam and other of lawyers.
factors. ● Sign the Roll of Attorneys: After taking the oath, the
candidate’s name is officially added to the Roll of
5. Residency Requirement Attorneys, which means they are now recognized as a
licensed lawyer in the Philippines and can begin
Applicants must meet certain residency requirements. You practicing law.
generally need to live in the Philippines before and during your
application to ensure you are familiar with the local legal 8. Admission to the Integrated Bar of the Philippines (IBP)
environment and issues. This helps ensure that lawyers
practicing in the country are well-versed in the country’s legal After passing the bar and taking the oath, the new lawyer
system. becomes a member of the Integrated Bar of the Philippines
(IBP). Membership in the IBP is mandatory, and the IBP serves
6. Clearance from the Office of the Bar Confidant as the official national organization for all Philippine lawyers.
Being part of the IBP also means that the lawyer is subject to
Before being allowed to practice law, a candidate must receive its disciplinary procedures and code of ethics.
clearance from the Office of the Bar Confidant, which checks if
there are any pending cases or disqualifications (like
involvement in criminal activity). The purpose of this is to
Summary

1. Education: You need a college degree, followed by

four years of law school.
2. Good Moral Character: You must have a clean record
and be an ethical person, as confirmed by references.
3. Citizenship: Only Filipino citizens can take the bar
exam and become lawyers in the Philippines.
4. Pass the Bar Exam: You must pass the yearly bar
exam, which tests your knowledge of various areas of
law.
5. Clearance: You must pass background checks to
ensure you have no disqualifying issues, such as
pending legal cases.
6. Oath: After passing the bar, you take an oath to serve
the law ethically.
7. IBP Membership: You must join the Integrated Bar of
the Philippines, the organization of all lawyers in the
country.

These requirements ensure that only well-prepared, ethical, and

competent individuals become lawyers, thus maintaining the
integrity of the legal profession and the justice system in the
Philippines.