PRACTICE OF LAW

- 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 give notice
or render any kind of service, which or devise or service requires the use in any
degree of legal knowledge or skill (Cayetano v. Monsod, 201 SCRA 210).

- 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. (In Re: Argosino,
1997).

- Ulep v. Legal Clinic - A licensed attorney is generally engaged in 3 principal

professional activity:
○ Legal advice and instruction to clients to inform them of their rights and
obligations.
○ Preparation for clients of documents requiring knowledge of legal
principles not possessed by ordinary layman.
○ Appearance for client before public tribunals which possess power and
authority to determine rights of life, liberty, and property to law, in order to
assist in proper interpretation and enforcement of law

- In the Matter of the Petition for Authority to Continue use of the Firm name “Ozaeta,
Romulo, etc” - practice of law is not a matter of right, but merely a privilege bestowed
upon individuals, who are not only learned in the law, but who are also known to
possess good moral character. HOWEVER, it becomes a right once a person is
admitted to the practice of law. Valid reason must exist before a lawyer may be
prevented from practicing law and can only be deprived of such right for misconduct
duly ascertained and after due process has been afforded him.

- In re: Clifton - Practice of law cannot be assigned or inherited, but must be earned by
hard study and good conduct.

- Practice of law is not a money-making venture (Canlas v. CA), it is a calling that is

impressed with public interests for which it is subject to State regulation (Metropolitan
Bank v. CA).

Three Principal Types of Professional Activities:

1. Legal advice and instructions to the clients to inform them of their rights and
obligations.
2. Preparation for clients of documents requiring knowledge of legal principles not
possessed by ordinary layman.
3. Appearance for clients before public tribunals.

Characteristics of term “Practice of Law”

• The phrase ―practice of law‖ implies customarily or habitually holding oneself out to
the public, as a lawyer, for compensation as a source of livelihood or in consideration
of his service.
• Holding oneself out may be shown by acts indicative of that purpose.
• Thus, a layman is illegally engaged in the practice when he sends a circular
announcing the establishment of a law office for the general practice of law, or when
the takes the oath of office as a lawyer before a notary public and files a manifestation
with the Supreme Court informing his intention to practice law.
• Private practice consists of frequent and customary actions, more than an isolated
appearance.
• It contemplates succession of acts of the same nature habitually and customarily
holding oneself out to the public as a lawyer.

ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE PRACTICE OF

LAW:
1. Habituality- implies customarily or habitually holding oneself out to the public
as a lawyer.
2. Compensation- implies that one must have presented himself to be in the
active practice and that his professional services are available to the public for
compensation, as a source of his livelihood or in consideration of his said
services.
3. Application of law, legal principle, practice, or procedure which calls for legal
knowledge, training and experience.
4. Attorney-client relationship.

Counsel de parte:
• An attorney retained by a party litigant, usually for a fee, to prosecute or defend his
cause in court.
• Implies freedom of choice either on the attorney or the litigant.

Counsel de oficio:
• Attorney appointed by the court. o To defend an indigent defendant in a criminal
action.
• To represent a destitute party.

Attorney of record:
• Attorney whose name, together with his address, is entered in the record of the case
as the designated counsel of the party litigant.
• To whom judicial notices are sent.

A lawyer “of counsel” is an experienced lawyer, who is usually a retired member of

judiciary employed by law firms as consultant.

Amicus Curiae:
• An experienced and impartial attorney invited by the court to appear and help in the
disposition of issues submitted to it.
• It implies friendly intervention of counsel to call the attention of the court to some
matters of law or facts which might otherwise escape its notice and in regard to which
it might go wrong.
• Appears in court not to represent any particular party but only to assist the court.

Amicus Curiae par excellence:

• Bar associations who appear in court as amici curiae or friends of the court. Acts
merely as a consultant to guide the court in a doubtful question or issue pending
before 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 purposes of
prosecuting or defending a suit in behalf and usually for a fee.

Lawyer – this is the general term for a person trained in the law and authorized to
advice and represent others in legal matters.

Attorneys-At-Law – that class of persons who are licensed officers of the courts
empowered to appear, prosecute and defend, and upon whom peculiar duties,
responsibilities and liabilities are developed by law as a consequence.

Attorney in fact - simply an agent whose authority is strictly limited by the instrument
appointing him. His authority is provided in a special power of attorney or general power
of attorney or letter of attorney. He is not necessarily a lawyer.

Bar Association – an association of members of the legal profession like the IBP
where membership is integrated or compulsory.

House Counsel – one who acts as attorney for business though carried as an
employee of that business and not as an independent lawyer.

Lead Counsel – the counsel on either side of a litigated action who is charged with the
principal management and direction of a party’s case, as distinguished from his juniors
or subordinates.

Practicing Lawyer – one engaged in the practice of law who by license are officers of
the court and who are empowered to appear, prosecute and defend a client’s cause.

Pro Se - an appearance by a lawyer in his own behalf.

Trial Lawyer – one who personally handles cases in court, administrative agencies of
boards which mean engaging in actual trial work, either for the prosecution or for the
defense of cases of clients.

WHO MAY PRACTICE LAW

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 provisions of
this rules, and who is in good and regular standing, is entitled to practice law. (Rules of
Court)

ADMISSION TO THE PRACTICE OF LAW

The Supreme Court has the power to control and regulate the practice of law. Thus,
the Constitution, under Article VIII, Sec. 5 (5) provides:
Sec. 5. The Supreme Court shall have the following powers:
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice and procedure in all courts, the
admission to the practice of law, the Integrated Bar, and legal assistance
to the under privileged.

SC POWER TO REGULATE PRACTICE OF LAW includes:

1. Authority to define that term.
2. Prescribe qualifications of a candidate and the subjects of the bar exams.
3. Decide who will be admitted to the practice.
4. Discipline, suspend, or disbar any unfit or unworthy member of the bar.
5. Reinstate any disbarred attorney.
6. Ordain the integration of the Philippine bar.
7. Punish for contempt any person for unauthorized practice of law.
8. Exercise overall supervision of the legal profession.
9. Exercise any other power as may be necessary to elevate the standards of
the bar and preserve its identity.

The Supreme Court acts through a Bar Examination Committee in the Exercise of his
judicial function to admit candidates to the legal profession.

The Bar Examination Committee:

• Composed of (1) member of the Supreme Court who acts as Chairman and eight
(8) members of the bar.
• The 8 members act as examiners for the 8 bar subjects with one subject
assigned to each.
• The Bar Confidant acts as a sort of liason officer between the court and the Bar
Chairman on the other hand, and the individual members of the committee on the
other. He is at the same time a deputy clerk of court.
• Admission of examinees is always subject to the final approval of the court.

Academic Requirements for Candidates:

 1 a bachelor’s degree in arts and sciences (pre-law course)
2 a completed course in:
1 civil law
2 commercial law
3 remedial law
4 public international law
5 private international law
6 political law
7 labor and social legislation
8 medial jurisprudence
9 taxation
10 legal ethics

Public Officials who cannot engage in the private practice of Law in the
Philippines:
1 Judges and other officials as employees of the Supreme Court (Rule 148, Sec.
35, RRC).
2 Officials and employees of the OSG (Ibid.)
3 Government prosecutors (People v. Villanueva, 14 SCRA 109).
4 President, Vice-President, members of the cabinet, their deputies and assistants
(Art. VIII Sec. 15, 1987 Constitution).
5 Members of the Constitutional Commission (Art IX-A, Sec. 2, 1987 Constitution)
6 Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par), 1987 Constitution)
7 All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8 Those prohibited by special law

Public Officials with Restrictions in the Practice of Law:

1 No Senator as member of the House of Representative may personally appear
as counsel before any court of justice as before the Electoral Tribunals, as quasi-
judicial and other administration bodies (Art. VI, Sec. 14, 1987 Constitution).
2 Under the Local Government Code (RA 7160, Sec. 91)Sanggunian members
may practice their professions provided that if they are members of the Bar, they
shall not:
a. appear as counsel before any court in any civil case wherein a local
government unit or any office, agency, or instrumentality of the
government is the adverse party;
b. appear as counsel in any criminal case wherein an officer or employee of
the national or local government is accused of an offense committed in
relation to his office;
c. collect any fee for their appearance in administrative proceedings
involving the local government unit of which he is an official;
d. use property and personnel of the government except when the
Sanggunian member concerned is defending the interest of the
government.
3 Under RA 910, Sec. 1, as amended, a retired justice or judge receiving pension
from the government, cannot act as counsel in any civil case in which the
 Government, or any of its subdivision or agencies is the adverse party or in a
criminal case wherein an officer or employee of the Government is accused of an
offense in relation to his office.

Lawyers are prohibited from appearing in the following proceedings:

1. Small claims cases (AM No. 08-8-7, Section 17. Appearance of attorney not
allowed.) - No attorney shall appear in behalf of or representa a party at the hearing,
unless the attorney is the plaintiff or the defendant
2. Katarungan Pambarangay (RA 7160, Section 415.) - In all katarungan
pambarangay proceedings the parties must appear in person without the assistance
of counsel or representative except for minors and incompetents who may be
assisted by their next of kin who are not lawyers.