LEGAL PROFESSION Legal Profession as a Subject

Introduction Department of Education Culture and Sports approved a new

law curriculum in 1989.
Introduction to Legal Profession
Additional subjects:
Legal Profession
1. Legal Profession
- a very vital element in nation building since 2. Legal Counseling
there is no progress in a country without a rule 3. Problem Areas in Legal Ethics
of law
- a branch of the administration of justice whose These three subjects introduce to a law student the
main purpose is to aid in the doing of justice ethical and moral obligations of a lawyer to the court, to his
according to law between state and the client, to his colleagues in the bar and to the society.
individual and between man and man (reason
why legal profession is affected by public Brief History of the Legal Education in the Philippines
interest)
- its paramount concern is to obtain justice in the Sources of Philippine legal education:
most efficient and effective manner
- only about fifty thousand (50, 000) members, 1. Spain – gave the Roman Civil law and the Canon law
approximately 10 to 15 percent are actually 2. United States – the forerunner of English common
engaged in private practice law in the Philippines
3. Indo-Malayan influence – shared the Islamic law in
ignorantia legis non excusat the Philippines
4. Code of Kalantioa – our own codified law prior to the
- ignorance of the law excuses no one from Spanish regime in the country
compliance therewith
- one of the basic principles in law Legal Education in the Philippines

 Establishment of Faculty of Civil Law at the

Nature of an Attorney University of Sto. Tomas in 1733. It moved later to
Tarlac.
Attorney  In 1898, the Universidad Literia Filipinas was
established in Malolos, Bulacan.
- sometimes called as an advocate or counsel, one  In 1899, Don Felipe Calderon founded the Escuela de
who aids in the administration of justice Derecho de Manila, which in 1924 was renamed
- a class of persons who are by license constituted Manila Law School.
officers of courts of justice, and who are empowered  In 1910, the College of Law of the University of the
to appear and prosecute and/or defend someone Philippines opened with 50 Filipino and American
and on whom peculiar duties, responsibilities and students.
liabilities are devolved by law in consequence
- a person acting professionally in legal formalities, Educational requirements for a law profession:
negotiations or proceedings, by warrant or authority
of his client  1911 – a high school degree as a pre-law and a
- a person set apart by the laws of the land relating to three-year law course
the high interest of property, liberty and life  Later, the pre-law requisite was increased to two
- considered as a quasi-officer of the court subject to years of college studies in addition to a high school
regulation degree.
- an inherent element in our judicial system  1960 – four-year bachelor’s degree in arts and
- someone who is employed by a party in a cause to science and the law course to four years of legal
manage the same for him, but not a part of the studies (bachelor of laws)
cause
- an officer of the court Bar subjects (Sec. 6, Rule 138 of the Rules of Court):
- his business is to carry on the practical and formal
1. Civil Law
parts of the suit to the best of his ability; to help
2. Criminal Law
clarify matters; proclaim what is right
3. Remedial Law
4. Legal Ethics and Practical Exercises
5. Commercial Law
6. Political Law
 7. Taxation
8. Labor Laws
9. Law on Public Corporation and Public Officers
10. Public and Private International Law
Non-bar subjects:
1. Legal History
2. Legal Bibliography
3. Statutory Construction
4. Legal Research
5. Legal Medicine
6. Court Practice
 In 1989, the Department of Education Culture and
Sports adopted a revised model curriculum for the
four-year Bachelor of Laws degree composed of 51
subjects (approximately 142 units) which took effect
in 1990.
 In 1964, R.A. No. 3870 created the University of the
Philippines Law Center to conduct continuing legal
education programs, legal research and publications.
 In 1993, R.A. No. 7662 or the Legal Education Act
was enacted to emphasize on the areas of advocacy,
counseling, problem solving, decision making, ethics
and nobility of the legal profession, bench-bar
partnership, social commitment, selection of law
students, quality of law schools, the faculty as well
as the aw curriculum. The Legal Education Board was
likewise created.
 The latest update on legal education is the
Mandatory Continuing Legal Education (MCLE)
program for members of the Integrated Bar of the
Philippines. This Supreme Court Resolution requires
members of the bar to pursue further studies in law
and update themselves with the current laws and
jurisprudence to ensure that throughout their
career, they keep abreast with law and
jurisprudence, maintain the ethics of the profession
and enhance the standards of the practise of law.
The Study of Law
Basic Skills and Qualities Required in the Study of Law
- the instrument by which you understand,
analyze and express the law
 wide reading and listening
 keen perception
 constant speaking and writing
2. Logic or Critical Analysis
- accurately evaluate a certain state of facts
3. Law
- to know the law, one must read and
continue reading to keep himself abreast
with the current laws and jurisprudence of
the country
- it is imperative for a student to train himself
in speed-reading and to familiarize himself
with legal terms and phrases towards easy
comprehension
“By the way, always remember that lawyers are made,
not born.”
Nature of Legal Profession
Practice of Law is a Profession
 profession
- group of men pursuing a learned art as a
common calling in the spirit of public service
 A profession differs from a trade or business because
the primary purpose of the latter is economic gain or
profit. While in a profession, gaining profits is merely
incidental.
 practice of law
- a profession, a form of public trust, the
performance of which is entrusted only to those who
are qualified and who possess good moral character
 Legal profession is a profession and not a trade, and
the basic ideal of profession is to render public
service and secure justice to those who seek its aid.
 Law profession is a branch of the administration of
justice and not a mere moneymaking trade.

Attitudes Legal Profession: a Privilege and a Right

1. Dreams/ Ambitions  These rights and/or privileges enjoyed by a lawyer

A student should dream to become a lawyer. are necessary not only for the protection of his client
2. Perseverance but more importantly towards the speedy,
A law student must be determined to hurdle the bar inexpensive and orderly administration of justice.
even if it will take a great degree of sacrifice for his
part. Privilege
3. Patience
Studying law requires a great degree of patience.  Membership in the legal profession is a privilege
granted by the state only to those deserving
Basic Tools (How to be a Lawyer) individuals.

1. Language
- the tool of the law
  It is in the nature of a franchise conferred only for
merit which must be earned by hard study, learning
and good conduct.
 For one to be admitted in the practice of law and for
a continued enjoyment thereof, he must possess all
the required qualifications needed in the profession
among which is the continued possession of good
moral character.
 The practice of law is a privilege accorded only to
those who measure up to the exacting standards of
mental and moral fitness.
Right
 Although the law profession is to a great extent a
privilege, which may be withheld or extended in the
exercise of sound judicial discretion, yet it is also a
right in a limited sense.
 A lawyer cannot be prevented from practicing law
except upon valid cause and only after affording him
due process.
 He cannot be prevented from appearing before any
judicial, quasi-judicial, or administrative tribunal as
long as he is a member of the bar in good and
regular standing.
 He has the right to protest in a respectful manner
anything which he thinks is prejudicial to the orderly
and expeditious administration of justice.
 He has the right to stand up for his right or the right
of his client even in the face of a hostile court.
Standards of the Legal Profession
a) Independence
 A lawyer must represent his client with zeal
within the bounds of the law.
 What lawyers should do is to get immersed
in their clients’ cases but not to drown
themselves into their clients’ causes – they
must get involved in the cases, lest they
become detached and coldly dispassionate,
but they must likewise learn to get out of
the experience so to speak lest they
become bemused and sentimental.
b) Accessibility
 The bar should be able to aid the public in
selection of a competent lawyer as part of
its duty to make its services available.
 Legal services are needed not only by
indigent persons, but even by those who
are able to pay their way but do not know
whom to engage as counsel.
 Not only must legal services be available to
all. Legal services must be made available at
the earliest possible time, and not when a
case was already in court.
c) Learning
 A lawyer must serve his client with
competence and diligence.
 The proliferation of legal materials and the
emergence of new specialties in law,
brought about by the growing complexity of
our society, are a challenge to our
commitment to excellence – whether as
members of the practicing bar of academic
branch of profession.
Ideas involved in Legal Profession
a) Organization
 Lawyers organize as a profession thru the
bar associations, defined as an association
of persons practicing the profession of law
formed and maintained to promote and
uphold the purposes and spirit of that
profession.
b) Learning
 Professions are learned not only from the
nature of the art professed but historically
have a cultural, and ideal side which
furthers the exercise of that art.
 To carry on their tasks most effectively,
they must be more that resourceful
craftsmen. They must be learned men.
c) Spirit of Public Service
 The spirit of public service in which the
profession of law is a prerequisite of a
sound administration of justice.
Terms Commonly used in Practice of Law
a. Attorney at Law
- a slightly fancier way of saying lawyer or
attorney
 b. Attorney in fact
- an attorney who may or may not be a lawyer
who is given written authority to act on another’s
behalf especially by a power of attorney
c. Attorney ad hoc (Latin)
- “for this special purpose”
- appointed for a special purpose, generally to
represent the client, ward, or child in the particular
action in which the appointment is made
d. Attorney of record
- is a person practicing law who has been
appointed by a person or entity to represent them
on the court or legal procedures, appear in the court
in behalf of a client, sign the documents as attorney
to the client, etc. and who has not been removed or
otherwise discontinued at that time
e. Counsel de officio
- a counsel, appointed by the court from among
such members of the bar in good standing who, by
reason of their experience and ability, may
adequately defend the accused
f. Counsel de parte
- a lawyer or attorney engaged by a party to
represent the latter in a case
g. Amicus Curiae (Latin)
- “friend of court”
- an advisor to the court on some matter of law
who is not a party to the case, usually someone who
wants to influence the outcome of a lawsuit
involving matters of wide public interest
h. Amicus Curiae Par Excellence
- association of amicus curiae
i. Of counsel
- is often the title of an attorney who is employed
by a law firm or organization, but is not an associate
or a partner
j. Lead counsel
- an attorney approved by the court to be
responsible for overseeing all aspects of the
litigation for a party
k. Pro se (Latin)
- “for himself”
- a party to a lawsuit who represents himself
(acting in propria persona)
- appearing for oneself, as in the case of one who
does not retain a lawyer and appears for himself in
court
l. Trial lawyer
- a person who specializes in defending clients
before a court of law
Admission to Practice
Power to admit applicants to the practice of law
¤ The power to admit applicants to the practice of law
is judicial in nature and involves the exercise of
judicial discretion.
¤ The authority to decide who may be admitted to the
bar naturally and logically belongs to the judiciary
represented by the Supreme Court in view of the
nature of its judicial function and in the role played
by attorneys in the administration of justice.
 Limitations (Section 5 of Article VIII):
a. simplified and inexpensive procedures for
speedy disposition of cases;
b. uniform for all courts of the same grade;
c. shall not diminish, increase or modify
substantive rights
Integration of the Bar
¤ The Supreme Court has the inherent power to
integrate the Philippine Bar in the exercise of its
power to promulgate rules concerning pleading,
practice and procedure in all courts and the
admission to the practice of law.
 Purpose of the integration of the Bar:
a. Assist in the administration of justice;
b. Foster and maintain on the part of its members
high ideals of integrity, learning, professional
competence, public service and conduct;
c. Safeguard the professional interests of its
members;
d. Cultivate among its members a spirit of
cordiality and brotherhood;
e. Provide a forum for the discussion of law,
jurisprudence, law reform, pleading, practice
and procedure, and the relations of the Bar and
the Bench and to the public, and publish
information relating thereto;
f. Encourage and foster legal education;
g. Promote a continuing program of legal research
in substantive and adjective law, and make
reports and recommendations thereon; and
h. Enable the Bar to discharge its public
responsibility effectively.
 Integration of the Bar will, among other things, make
it possible for the legal profession to:
a. Render more effective assistance in maintaining
the rule of law;
b. Protect lawyers and litigants against the abuses
of tyrannical judges and prosecuting officers;
c. Discharge fully and properly, its responsibility in
the disciplining and/or removal of incompetent
and unworthy judges and prosecuting officers;
d. Shield the judiciary, which traditionally cannot
defend itself except within its own forum, from
the assaults that politics and self-interest may
level at it, and assist it to maintain its integrity,
impartiality and independence;
e. Have an effective voice in the selection of judges
and prosecuting officers;
 f. Prevent the unauthorized practice of law, and
break up any monopoly of local practice
maintained through influence or position;
g. Establish welfare funds for families of disabled
and deceased lawyers;
h. Provide placement services, and establish legal
aid offices and set up lawyer reference services
throughout the country so that the poor not
lack competent legal service;
i. Distribute educational and informational
materials that are difficult to obtain in many of
our provinces;
j. Devise and maintain a program continuing legal
education for practicing attorneys in order to
elevate the standards of the profession
throughout the country;
k. Enforce rigid ethical standards, and promulgate
minimum fees schedules;
l. Create law centers and establish law libraries for
legal research;
m. Conduct campaigns to educate the people in
their legal rights and obligations, on the
importance of preventive legal advice, and on
the functions and duties of the Filipino lawyer;
and
n. Generate and maintain pervasive and
meaningful country-wide involvement of the
lawyer population in the solution of the
multifarious problems that afflict the nation.
Persons entitled to practice law
¤ Any person who has been duly licensed as a member
of the bar and who is in good and regular standing is
entitled to practice law (Section 1, Rule 138 of the
Rules of Court).
 Requirements for the applicants:
a. He/she must be a citizen of the Philippines;
b. At least twenty-one years of age;
c. Of good moral character;
d. A resident of the Philippines; and
e. Must produce before the Supreme Court
satisfactory evidence of his good moral
character and no charges against him, involving
moral turpitude, have been filed or are pending
in any court of the Philippines.
 Other requirements:
a. Pass the bar examinations
b. Take the lawyer’s oath before the Supreme
Court en banc
c. Sign in the roll of attorneys
d. Receive a certificate from the Clerk of the
Supreme Court of his license to practice
Where non-lawyers may practice law
 Allowed limited representation on behalf of another:
a. A party may conduct his litigation personally or
with the aid of a friend or agent appointed by
him for that purpose. In case of the latter, such
is allowed only if the representation is made
before the inferior courts (MTC’s). But the agent
or friend may not hold himself out as habitually
engaged in representing a party for that will
constitute unauthorized practice of law.
Moreover, in criminal cases, if a party cannot
afford the services of a counsel de parte, he
shall be provided a counsel de officio;
b. In localities where a duly licensed member of
the bar is not available, the municipal trial court
hearing a criminal case may, in its discretion
admit or assign a person (who is not a member
of the bar), resident of the province and of good
refute for probity and ability, to aid the
defendant in his defense;
c. Under the Labor Code, a union representative
may appear for his organization or any of its
members before the National Labor Relations
Commission, labor arbiter or arbitrator;
d. A person representing a land claimant in
cadastral court;
e. In case of law student practice as permitted by
the rules;
f. In case of those authorized to represent the
government.
 Public officials prohibited from engaging in private
practice of law:
a. Judges and other officials or employees of the
court;
b. Officials and employees of the Office of the
Solicitor General;
c. Government prosecutors;
d. President, Vice-President, members of the
cabinet, their deputies and assistants;
e. Members of the Constitutional Commissions;
f. Ombudsman and his deputies;
g. All governors, city and municipal mayors;
h. Those who by special law are prohibited from
engaging in the practice of their profession.
Importance in knowing who may be allowed to practice law
¤ Assure the public that only those who have the
ability, learning and sound character will handle the
very delicate task of law advocacy, and forbidding
incompetent and dishonest practitioners to embark
in the practice of law.
¤ As the practice of law is invested with public
interest, it is therefore the right and duty of the
state to regulate and control it so that public welfare
will be served and promoted.
¤ Attorneys do not profess to know all the law, or to
be incapable of error or mistake in applying it to the
 facts of every case, as even the most erudite and
skillful justice of court would hardly be able to come
up to that standard.
Law Student’s Practice
Conditions
 Rule 138-A
- a law student who has successfully completed
his 3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law
school’s clinical legal education program approved
by the Supreme Court, may appear without
compensation in any civil, criminal, or administrative
case before any trial court, tribunal, board or officer,
to represent indigent clients accepted by the legal
clinic of the law school
- the appearance of the law student shall be
under the direct control and supervision of a
member of the Integrated Bar of the Philippines duly
accredited by the law school
- any and all pleadings, motions, briefs,
memoranda or other papers to be filed, must be
signed by the supervising attorney for and in behalf
of the legal clinic
 Requirements:
a. He must have successfully completed his 3rd
year of the regular four-year curriculum;
b. He must be enrolled in the clinical legal
education program as approved by the Supreme
Court in a recognized school;
c. His appearance must be pro bono or one
without compensation;
d. His clients should be indigents who have been
accepted by the legal clinic of the law school;
e. His appearance must at all times be
accompanied and supervised by a supervising
attorney who is accredited by the law school
concerned.
 Rationale behind the Law Student Practice Rule:
a. To ensure that there will be no miscarriage of
justice as a result of incompetence or
inexperience of law students, who, not having
as yet passed the test of professional
competence, are presumably not fully equipped
to act as counsels on their own;
b. To provide a mechanism by which the
accredited law school clinic may be able to
protect itself from any potential vicarious
liability arising from some culpable action by
their law students; and
c. To ensure consistency with the fundamental
principle that no person is allowed to practice a
particular profession without possessing the
qualifications, particularly a license, required by
law.
 Section 34, Rule 138
- in the court of justice of the peace, a party may
conduct his litigation in person, with the aid of an
agent or friend appointed by him for that purpose,
or with the aid of an attorney
- in any other court, a party may conduct his
litigation personally or by aid of an attorney, and his
appearance must be either personal or by a duly
authorized member of the bar
- a law student may appear before an inferior
court as an agent tor fiend of a party without the
supervision of a member of the bar
Privilege Communication
¤ The rules safeguarding privileged communication
between attorney and client shall apply to similar
communications made to or received by law
students, acting for the legal clinic.
Standard of Conduct and Supervision
¤ The law student is required to comply with the
standards of professional conduct governing
members of the bar.
¤ Failure of an attorney to provide adequate
supervision of student practice may be ground for
disciplinary action.
Practice of Law
Definition of Law Practice
Practice of Law
- involves carrying on of the calling of an attorney,
usually for compensation, acting in a representative
capacity and rendering service to another
- rendition of services requiring the knowledge and
the application of legal principles and technique to
serve the interest of another with his consent
- not limited to appearing in court or advising or
advising in the conduct of litigation, but embraces
the preparation of pleadings, and other papers
incident to actions and special proceedings,
conveyancing, the preparation of legal instruments
of all kinds, and the giving of legal advice to clients
- embraces all advice to clients and all actions taken
for them in matters connected with the law
- existence of an attorney-client relationship
Criteria for the Practice of Law
1. Habituality
 customarily or habitually holding oneself out to
the public as a lawyer
 more than an isolated appearance, for it
consists in frequent or customary action, a
succession of acts of the same kind
  habitual exercise
2. Compensation
 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 services
 charging for services such as preparation of
documents involving the use of legal knowledge
and skill is within the term of practice of law
 one who renders an opinion as to the proper
interpretation of the statute and receives pay
for it is practicing law
3. Application of law, legal principle, practice, or
procedure which calls for legal knowledge, training
and experience is within the term practice of law.
4. Attorney-client relationship
 where a lawyer undertakes an activity which
requires knowledge of law but involves no
attorney-client relationship, such as teaching
law or writing law books or articles, he cannot
be said to be engaged in the practice of his
profession as a lawyer
 giving of legal advice for compensation
regarding the legal status and rights of another
and one’s conduct with respect thereto
constitutes practice of law
 providing information about foreign laws on
marriage, divorce and adoption which entails
explaining to the client the intricacies of the law
and advising him or her on the proper course of
action falls squarely within the jurisprudential
definition of the practice of law
What is Not Considered Practice of Law
gratuitous furnishing of legal aid to the poor and
unfortunates who are in pursuit of any civil remedy,
as a matter of charity, does not constitute practice of
law
mere records of realty to ascertain what they may
disclose without giving any opinion or advice as to
the legal effects of what they may be found, does
not constitute the practice of law
an ordinary preparation and drafting of legal
instruments which does not involve the
determination by a trained legal mind of the legal
effects of facts and conditions, or whenever such
acts involve the use of skills and intellect by a legal
mind trained and schooled in a legal school of
training likewise does not constitute practice of law
work that involves only the clerical labor of filling in
the blanks on stereotyped form or a mere
mechanical act of copying from a file copy or
finished document which involves no legal thing, is
not considered legal practice
Importance of Knowing What Practice of Law is
to determine whether by the services render by one,
a client-lawyer relationship has been established so
as to entitle a lawyer to the payment of his fees
may be the basis of filing an action for usurpation of
official functions against one who, not being a
member of the bar duly licensed to practice law by
the Supreme Court, represents himself as a lawyer
to the public and performs acts pertaining to a
lawyer by means of deception to the prejudice of the
bar, the public as well as the administration of
justice
there are legal remedies available for unauthorized
practice of law to include injunction, declaratory
relief, contempt of court, or disqualification and
complaints for disbarment
a criminal complaint for estafa may be filed against a
person who falsely represented to be an attorney to
the damage of a party
 any of these proceedings maybe initiated by
an aggravated or interested party or by the
bar association
Regulation of Practice of Law
Article VIII of the 1987 Constitution
(Section 5, Subsection 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
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of cases,
shall be uniform for all courts of the same grade, and shall
not diminish, increase, or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall
remain effective unless disapproved by the Supreme Court.
BAR DISCIPLINE
Nature
The power to discipline a lawyer is judicial in nature and can
be exercised only by the courts. It cannot be defeated by the
legislative or executive departments.
Objectives
√ To ascertain that a lawyer still possesses the
qualifications which are conditions precedents for
the continuous practice of law;
√ To compel the lawyer to deal fairly and honestly with
the court and his client, requiring him to be
competent, honorable and reliable;
√ To deter others from similar misconduct; and
√ To protect the court and the public from the
misbehavior of its officers.
Authorities
 The Supreme Court, the Court of Appeals and the
Regional Trial Courts have the authority and power
to warn, admonish, reprimand and suspend an
attorney.
 The power to disbar a lawyer is exclusive and only
the Supreme Court can exercise such power.
Forms of Disciplinary Measures (WARS-CDIP)
√ Warning
- act of fact of putting one on his guard against an
impending danger, evil consequence or penalty
√ Admonition
- gentle or friendly reproof, mild rebuke, warning,
reminder, or counselling on a fault, error, oversight
- expression of authoritative advice
√ Reprimand
- public form and formal censure or severe
reproof, administered to a person at fault by his
superior officer or the body to which he belongs
√ Suspension
- temporary withholding of a lawyer’s right to
practice his profession as a lawyer for a certain
period or for an indefinite period of time
Definite
Indefinite
- qualified disbarment
- lawyer determines for himself how long
or how short his suspension shall last by
proving to court that he is once again fit to
resume practice of law
√ Censure
- official reprimand
√ Disbarment
- act of the Supreme Court of withdrawing from
an attorney the right to practice law
- name of the lawyer is stricken out from the Roll
of Attorneys
√ Interim Suspension
- temporary suspension of a lawyer from the
practice of law pending imposition of final discipline
Includes:
suspension upon conviction of a serious
crime; or
suspension when the lawyer’s
continuing conduct is or is likely to
cause immediate and serious injury to a
client or public
√ Probation
- sanction that allows a lawyer to practice law
under specified conditions
Other Sanctions and Remedies (RALARRO)
√ Restitution
√ Assessment of costs
√ Limitation upon practice
√ Appointment of a receiver
√ Requirement that a lawyer take the bar examination
or professional responsibility examination
√ Requirement that lawyer attend continuing
education courses
√ Other requirements that the highest court or
disciplinary board deems consistent with the
purposes of the sanctions
 The fact that the complainant manifested that he is no
longer interested to pursue the administrative case against
the respondent would not render the case moot.
Nature of the Proceedings (Suspension and Disbarment)
√ sui generis
neither purely civil nor purely criminal
do not involve a trial of an action or a suit,
but are rather investigations by the Court
into the conduct of one of its officers
not a criminal prosecution because they are
not intended to inflict punishment
not a civil action because there is neither
plaintiff nor respondent
√ confidential
Three-fold purpose of the confidentiality:
To enable the court to make its
investigation free from any extraneous
influence or interference;
To protect the personal and professional
reputation of attorneys from baseless
charges of disgruntled, vindictive and
irresponsible persons or clients by
prohibiting the publication of such charges
pending their final resolution
To deter the press from publishing the
charges or proceedings based thereon for
even a verbatim reproduction of the
complaint against an attorney in a
newspaper may be actionable.
Characteristics
√ Neither a civil nor a criminal proceeding.
√ Double jeopardy cannot be availed of in a
disbarment proceeding against an attorney, since
disbarment does not partake of a criminal
proceeding.
√ Can be initiated motu proprio by the Supreme Court
or by the IBP. It can be initiated without a complaint.
 √ Can proceed regardless the interest or lack of If he commits misconduct outside the Philippine
interest of the complainants if the facts proven so jurisdiction, which is also a ground for
warrant. disciplinary action under Philippine law, he may
√ Imprescriptible. be suspended or disbarred in this country.
√ Conducted confidentially until its final
determination. Suspension and Disbarment of Lawyers Holding Government
√ It is itself a due process of law. Office
√ Whatever has been decided in a disbarment case
cannot be a source of action that may be enforced in General Rule: A lawyer who holds a government office
another action. may not be disciplined as a member of the Bar for
√ In pari delicto rule not applicable. misconduct in the discharge of his duties a government
√ No prejudicial question in disbarment proceedings. official.
√ Penalty in a disbarment case cannot be in the
Exception: If the misconduct of a government official is of
alternative.
such a character as to affect his qualification as a lawyer
√ Monetary claims cannot be granted, except
or to show moral delinquency, then he may be
restitution and return of monies and properties of
disciplined as a member of the Bar upon such ground.
the client given in the course of the lawyer-client
relationship. Exception to the Exception: The exception does not apply
impeachable officials like Supreme Court Justices,
Grounds
Members of the Constitutional Commission and
1) Rule 138, Section 27 of the Revised Rules of Court Ombudsman because they can be removed only by
√ Deceit impeachment.
√ Malpractice or other gross misconduct in office
√ Grossly immoral conduct

2) Other Statutory Grounds

√ Acquisition of an interest in the subject matter
of the litigation, either through purchase or
assignment (Article 1491, Civil Code).
√ Breach of professional duty, inexcusable
negligence, or ignorance, or for the revelation of the
client’s secrets (Article 208, Revised Penal Code).
√ Representing conflicting interests (Article 209,
Revised Penal Code).
Exception: When there is consent from the party or
client.

3) Lawyer’s Misconduct in His Private Capacity

General Rule: A lawyer may not be suspended or
disbarred for misconduct in his non-professional or
private capacity.
Exception: If the misconduct is so gross as to show
him to be wanting in moral character, honesty,
probity and demeanor.

4) Misconduct Before or Incident to Admission

A lawyer may be disbarred from
misrepresentation of or false pretense relative
to the requirements for admission to practice.
The fact that he lacked any of the qualifications
for membership in the bar as the time he took
his oath is aground for his disbarment.

5) Misconduct Committed Outside Philippine

Jurisdiction
A Philippine lawyer may be admitted to the bar
in a foreign country. In such case, he may
practice law in both countries.
CANON 1: A LAWYER SHALL UPHOLD THE CONSTITUTION, CANON 15: A LAWYER SHALL OBSERVE CANDOR, FAIRNESS
OBEY THE LAWS OF THE LAND AND PROMOTE RESPECT FOR AND LOYALTY IN ALL HIS DEALINGS AND TRANSACTIONS
LAW OF AND LEGAL PROCESSES. WITH HIS CLIENTS.

CANON 2: 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 3: A LAWYER IN MAKING KNOWN HIS LEGAL
SERVICES SHALL USE ONLY TRUE, HONEST, FAIR, DISNIFIED
AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.
CANON 4: A LAWYER SHALL PARTICIPATE IN THE
DEVELOPMENT OF THE LEGAL SYSTEM BY INITIATING OR
SUPPORTING EFFORTS IN LAW REFORM AND IN THE
IMPROVEMENT OF THE ADMINISTRATION OF JUSTICE.
CANON 16: A LAWYER SHALL HOLD IN TRUST ALL MONEYS
AND PROPERTIES OF HIS CLIENT THAT MAY COME INTO HIS
PROFESSION.
CANON 17: A LAWYER OWES FIDELITY TO THE CAUSE OF HIS
CLIENT AND HE SHALL BE MINDFUL OF THE TRUST AND
CONFIDENCE REPOSED IN HIM.
CANON 18: A LAWYER SHALL SERVE HIS CLIENT WITH
COMPETENCE AND DILIGENCE.
CANON 19: A LAWYER SHALL REPRESENT HIS CLIENT WITH
ZEAL WITHIN THE BOUNDS OF THE LAW.

CANON 5: A LAWYER SHALL KEEP ABREAST OF LEGAL
DEVELOPMENTS, PARTICIPATE IN CONTINUING LEGAL
EDUCATION PROGRAMS, SUPPORT EFFORTS TO ACHIEVE
HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE
PRACTICAL TRAINING OF LAW STUDENTS AND ASSIST IN
DISSEMINATING THE LAW AND JURISPRUDENCE.
CANON 20: A LAWYER SHALL CHARGE ONLY FAIR AND
REASONABLE FEES.
CANON 21: A LAWYER SHALL PRESERVE THE CONFIDENCE
AND SECRETS OF HIS CLIENT EVEN AFTER THE ATTORNEY-
CLIENT RELATION IS TERMINATED.

CANON 6: THESE CANONS SHALL APPLY TO LAWYERS IN CANON 22: A LAWYER SHALL WITHDRAW HIS SERVICES ONLY
GOVERNMENT SERVICES IN THE DISCHARGE OF THEIR TASKS. FOR GOOD CAUSE UPON NOTICE APPROPRIATE IN THE
CIRCUMSTANCES.
CANON 7: A LAWYER SHALL AT ALL TIMES UPHOLD THE
INTEGRITY AND DISGNITY OF THE LEGAL PROFESSION AND
SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

CANON 8: A LAWYER SHALL CONDUCT HIMSELF WITH

COURTESY, FAIRNESS AND CANDOR TOWARDS HIS
PROFESSIONAL COLLEAGUES, AND SHALL AVOID HARASSING
TACTICS AGAINST OPPOSING COUNSEL.

CANON 9: A LAWYER SHALL NOT, DIRECTLY OR INDIRECTLY

ASSIST IN THE UNAUTHORIZED PRACTICE OF LAW.

CANON 10: A LAWYER OWES CANDOR, FAIRNESS AND GOOD

FAITH TO THE COURT.

CANON 11: A LAWYER SHALL OBSERVE AND MAINTAIN THE

RESPCET DUE TO THE COURTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT OF OTHERS.

CANON 12: A LAWYER SHALL EXERT EVERY EFFORT AND

CONSIDER IT HIS DUTY TO ASSIST IN THE SPEEDY AND
EFFICIENT ADMINISTRATION OF JUSTICE.

CANON 13: A LAWYER SHALL RELY UPON THE MERITS OF HIS

CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH TENDS
TO INFLUENCE, OR GIVES THE APPEARANCE OF INFLUENCING
THE COURT.

CANON 14: A LAWYER SHALL NOT REFUSE HIS SERVICES TO

THE NEEDY.