1. Requirements in the practice of law:
When there is a retirement plan
a. Filipino citizenship
b. Satisfaction of the MCLE
requirement for provision of
MCLE number which will be
indicated in his pleadings in
court
c. Payment of IBP fees
2. Membership to the IBP is not in
violation of ones freedom to
associate or corollary right not to
associate. The practice of law is
clothed with public interest;
therefore, requires States
regulation. A lawyer becomes a
member of the Bar. The case of Atty.
Edillion differentiates Integration of
the Bar from bar associations
organized by individual lawyers. The
Court said that an integrated bar
is state-organized association, to
which every lawyer must belong the
moment he/she passed the Bar. In
associations organized by individual
lawyers themselves, membership in
which is voluntary. Therefore,
compulsory membership is not
violative of ones freedom to
associate because IBP membership
is an incidental effect of being given
the privilege of practicing the legal
profession.
3. Canon 9 of the CPR provides that a
lawyer shall not directly or indirectly
assist in the unauthorized practice of
law. In conjunction to this, it is also
provided under this Canon that a
lawyer shall give, share or divide
legal fees to non-lawyers except on
the following circumstances:
a. When there had been a pre-
existing agreement between a
partner or associate that upon
the latters dear, a certain
amount of money shall be given
to the latters estate or to the
person in the agreement
b. When a lawyer undertakes to
continue work on a case of a
deceased lawyer
c.
given to non-lawyer employees of
a law firm
In the instant case, being not one of
the enumerated exceptions provided
for by the CPR, allowing such
division of legal fees would be a
violation of the CPR.
4. Canon 11 of the CPR provides that a
lawyer must observe and maintain
respect due to the courts and
judicial officers and should insist that
others conduct in the same. The
NLRC is not merely an administrative
body. It is also given quasi-judicial
functions for cases and
controversies arising from
employee-employer relationship.
The NLRC having quasi-judicial
functions may also be considered as
a court and therefore, the Code of
Professional Responsibility may
apply when lawyers appear as
counsel for cases before it. Further,
under the CPR, lawyers should not
use abusive languages towards the
courts and any allegations and
inconsistencies pertaining to a
decision of a judge must likewise be
presented with sufficient evidences
to question the decisions validity.
Therefore, Atty. Dayan is
administratively liable for violation
of the CPR
5. Claveria cannot be exempted from
paying her IBP dues because
payment of the same is incidental
duty to being a member of the Bar.
Moreover, she should not be
exempted from compliance with the
MCLE requirement, as the same is
needed for every lawyer for as long
as they are to practice their
profession.
6. It is the duty of lawyers to arrange
clients to avoid suits and arrive at an
amicable settlement. However in the
instant case the compromise
agreements entered upon by Barrion
with the clients of Yanga, without the
latters consent is a violation of the
CPR. The CPR provides that lawyers
must not encroach with the clients of
another lawyer with the exception
that their current lawyer has become
neglectful of his duties to the
detriment of the case and his client.
There being no evidence of neglect
of duty, Barrion cannot validly
encroach upon the employment of
Yanga by entering into a
compromise agreement without the
latters consent. Thus, Barrions acts
are violative of the CPR.