2018 MIDTERMS LEG PROF ATTY.
JONALYN PORQUEZ
What do you understand by practice of law?
Answer:
Generally, to engage in the practice of law is to do any of
those acts which are characteristics of the legal profession. It
embraces any activity, in or out of court, which requires the
application of law, legal principle, practice or procedure and
calls for legal knowledge, training and experience. It involves
the carrying on of the calling of an attorney, usually for gain,
acting in a representative capacity and rendering service to
another. Engaging in the practice of law presupposes the
existence of an attorney-client relationship. Hence, 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.
A. Is the practice of law a right or a privilege?
B. Does the legislature have the power to
regulate admission to the bar and the practice of law?
Answer:
 A. First and foremost among the duties of the lawyer is
A. The practice of law is basically a privilege because it
is limited to persons of good moral character with special
qualifications duly ascertained and certified. Thus, only those
persons are allowed to practice law, who by reason of
attainments previously acquired through education and study,
have been recognized by the courts as possessing profound
knowledge of legal science. Attorneys are the court’s
constituency 2 to aid it in the administration of justice.
B. Congress under the 1987 Constitution has no power
to regulate admission to the Bar and the practice of law. Unlike
the 1935 and 1973 Constitutions, the 1987 constitution no
longer provides for the power of the legislature to repeal, alter
DRINJA
and supplement the rules promulgated by the Supreme Court.
Under the 1935 Constitution, the legislature had the power to
repeal or alter the rules promulgated by the Supreme Court
although the power and the responsibility to admit members of
the bar resides in the Supreme Court. Under the 1987
Constitution, however, the Supreme Court has the exclusive
power to promulgate rules concerning the enforcement of
rights, pleadings and practice and procedures of all courts and
the admission to the practice of law.
Question:

Being a lawyer and/or a member of the bar is an
exceptional privilege worth aspiring for
although it entails a lot of responsibilities and obligations
(a) to the court; (b) to fellow lawyers; (c) to the clients; and
lastly (d) to the public in general. Briefly discuss these
obligations and responsibilities.
Answer:
his duty to the court. The chief mission of an attorney is to
assist in the administration of justice. To this end, his client·s
success in the case is subordinate. His primary responsibility is
to uphold the cause of justice.
Thus, the lawyer takes orders from the court and not from his
client. The lawyer must always maintain respect to the court.
He must use respectful language. He must defend the
dignity and respect to the court. He must also cooperate with
the court by being ready withhis case and by being punctual
and candid with the court.
B. The lawyer must maintain harmonious relations with
the members of the bar. He must be candid and courteous with
fellow lawyers. He should deal fairly and squarely with others
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ
and not take undue advantage over them. No ill-feeling must
be entertained by him against the lawyer of an adverse party.
According to the Supreme Court in People vs. Sesbreno,
clients, not the lawyers, are the litigants so that all personalities
between counsel and client should be avoided.
He should also be a respectable member of the IBP
and other bar associations. He must not encroach upon
professional employment. He should not solicit cases and
advertise his profession.
C. The lawyers owes entire devotion to his client, to
protect his interest within the bounds of law and legal ethics.
He must be candid with his client and advice him properly if he
has no valid cause of action.
The lawyer must also maintain absolute trust and not to
demand unconscionable attorney·s fees. He should not reveal
information obtained from him given in secrecy. Likewise, he
should not purchase the property which is the subject matter of
litigation. He should not appear for conflicting interest.
D. The attorney·s duties to the public is that he should
set an example as a law abiding citizen and give due respect
to the lawful authorities. He should not instigate unnecessary
lawsuits.
One important duty of the lawyer especially at this time
is to defend cases of indigent litigants for free. He must take
active part in free legal aid services.
Generally, only those who are members of the bar can
appear in court. Are there
exceptions to this rule? Explain.
Answer:
The exceptions to the rule that only those who are members of
the bar can appear in court are the following:
DRINJA
a) In the municipal trial court, a party may conduct his
litigation in person or with the aid of an agent or a friend (Sec.
34, Rule 138).
b) In any other court, a party may conduct his

litigation personally (id.), except in criminal cases for grave
felonies where a party must be represented by a counsel.
c) In criminal proceedings before a municipal trial court
in a locality where a duly licensed member of the bar is not
available, the court may in its discretion admit or assign a
person, resident of the province of good repute for probity and
ability, to aid the defendant in his defense, although the person
assigned is not a duly authorized member of the bar (Sec. 4,
Rule 116).
d) Any official or other person appointed or designated
in accordance with the law to appear for the Government of the
Philippines shall have all the rights of a duly authorized
member of the bar to appear in any case which said
government has an interest, direct or indirect (Sec. 33, Rule
138).
e) A senior law student who is enrolled in a recognized
law school·s clinical education program approved by the
Supreme Court may appear before any court without
compensation, to represent indigent clients accepted by the
Legal Clinic of the law school (Rule 138-A). 

f) Non-lawyers may appear before the NLRC or any
Labor Arbiter if they represent themselves or their labor
organization or members thereof (Art. 222, Labor Code).
g) Under the Cadastral Act, a non-lawyer can
represent a claimant before the cadastral court (Sec. 9, Act
2259). 

2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ

Question:
 his services. 


An attorney-client relationship starts from the moment the
attorney is engaged or
retained.
a. Discuss briefly the different types of fee
arrangements an attorney may enter into 
 1.
with his client.
b. In the absence of such a fee arrangement,
how would the services of an attorney be 
 3.
compensated? Explain.
Answer:
a. The following are the types of fee arrangements:
1. Retainer·s fee where the lawyer is paid for
services for an agreed amount for the case.
2. The lawyer agrees to be paid per court
appearance.
3. Contingent fee where the lawyer is paid for his
services depending on the success of the case. This applies
usually in civil suits for money or property where the 

lawyer·s fee is taken from the awa granted by the court.
4. Attorney de Oficio. The attorney is appointed by
the court to defend the indigent 
 499; Panis vs. Yangco, 52 Phil. 499)
litigant in a criminal case. The client is not bound to pay the
attorney for his services although he may be paid a nominal
fee taken from a public fund appropriated for the purpose.
5. Legal Aid. The attorney renders legal services
for those who could not afford to engage the services of paid
counsel.
6. Quantum meruit basis. If there is no specific
contract between the lawyer and the client, the lawyer is paid
on quantum meruit basis, that is what the lawyer deserves for
b. In the absence of a fee arrangement, the lawyer is paid
on a quantum meruit basis. The factors to be taken into
consideration in determining the amount are:
The amount and character of the services
rendered;
2. The labor, time and trouble involved;
The nature and importance of the litigation or
business in which the services were rendered; 

4. The amount of money or the value of he
property affected by the controversy 

involved in the employment;
5. The skill and experience called for in the
performance of the services;
6. The professional character and social standing
of attorney; 

7. The result secured; and 

8. Whether or not the fee is absolute or contingent.
(Delgado vs. dela Rama, 43 Phil. 

Question:
1. Discuss briefly your understanding of the
relationship between an attorney and his client.
2. How is such a relationship created? Explain
your answer.
Answer:
1. The relationship between an attorney and client is fiduciary,
confidential and personal. By virtue thereof, the lawyer owes

DRINJA
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ
fidelity to the cause of his client and he shall be mindful of the
trust and confidence reposed in him.
2. The attorney and client relationship is created by implied or
express contract. The relationship is also created if he is a
court appointed counsel.
Question:
1. Does the client have the right to dismiss his
lawyer at any time? Explain your answer.
2. Does the client have the right to hire another
lawyer as collaborating counsel at any time? Explain your
answer.
3. When can a lawyer validly withdraw as
counsel? Explain your answer.
Answer:
1. Yes, the client has the right to dismiss his lawyer
anytime with or without cause. The reason is that a lawyer·s
employment is strictly personal and highly confidential in
nature. The client·s loss of confidence in his lawyer deprives
the relation of that special element of trust.
2. Yes, the client has the right to hire another lawyer as
collaborating counsel anytime. It is the prerogative of the client
to employ as many attorneys as he may desire to protect his
interest.
3. A lawyer can validly withdraw as counsel for good
cause and upon notice. Canon 22, Rule 22.01 provides that a
lawyer may withdraw his services in any of the following cases:
a. When the client pursues an illegal or immoral course
of conduct in connection with the matter he is handling;
b. When the client insists that the lawyer pursue
conduct violative of these canons and rules;
c. When his inability to work with co-counsel will not
promote the best interest of the client;
DRINJA
d. When the mental and physical condition of the
lawyer renders it difficult for him to carry out the employment
effectively;
e. When the client deliberately fails to pay the fees for
the services or fails to comply with the retainer agreement;
f. When the lawyer is elected or appointed to public
office; and
g. Other similar cases. 

ADMISSION TO THE PRACTICE OF LAW
The Supreme Court and the Philippine Bar have always tried to
maintain a high standard for the legal profession, both in
academic preparation and legal training, as well as in honesty
and fair dealing. One of the ways of achieving this end is to
admit to the practice only those persons who are known to be
honest, possess good moral character, and show proficiency in
and knowledge of the law by the standard set by this Court by
passing the Bar Examinations honestly and in the regular and
usual manner. Consequently, any charge or insinuation of
anomaly in the conduct of Bar Examinations, of necessity is
imbued with wide and general interest and material
importance. (In Re Investigation of Angel Parazo [82 Phil 230.
December 3, 1948])
PRACTICE OF LAW
Practice of law under modem conditions consists in no
small part of work performed outside of any court and having
no immediate relation to proceedings in court. It embraces
conveyancing, the giving of legal advice on a large variety of
subjects, and the preparation and execution of legal
instruments covering an extensive field of business and trust
relations and other affairs. Although these transactions may
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ
have no direct connection with court proceedings, they are
always subject to become involved in litigation. They require in
many aspects a high degree of legal skill, a wide experience
with men and affairs, and great capacity for adaptation to
difficult and complex situations. These customary functions of
an attorney or counselor at law bear an intimate relation to the
administration of justice by the courts. No valid distinction, so
far as concerns the question set forth in the order, can be
drawn between that part of the work of the lawyer which
involves appearance in court and that part which involves
advice and drafting of instruments in his office. It is of
importance to the welfare of the public that these manifold
customary functions be performed by persons possessed of
adequate learning and skill, of sound moral character, and
acting at all times under the heavy trust obligations to clients
which rests upon all attorneys. (Cayetano vs. Monsod, [G.R.
No. 100113, September 3,1991])
LEGAL PROFESSION vs. BUSINESS
A partnership for the practice of law cannot be likened
to partnerships formed by other professionals or for business.
A partnership for the practice of law is not a legal entity. It is a
mere relationship or association for a particular purpose. It is
not a partnership formed for the purpose of carrying on trade or
business or of holding property." Thus, it has been stated that
"the use of a nom de plume, assumed or trade name in law
practice is improper.
Primary characteristics which distinguish the legal
profession from business are:
DRINJA
1. A duty of public service, of which the emolument is a
byproduct, and in which one may attain the highest eminence
without making much money.
2. A relation as an "officer of the court" to the administration of
justice involving thorough sincerity, integrity, and reliability.
3. A fiduciary relation to clients in the highest degree.

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 directly with their
clients. (In re Sycip [July 30, 1979])
SUBSTITUTION OF ATTORNEYS; REQUISITES
The settled rule is that in order that there may be a
valid substitution of attorneys in a given case, there must be
(a) a written application for substitution; (b) a written consent of
the client; and (c) a written consent of the attorney to be
substituted. In case the consent of the attorney to be
substituted cannot be obtained, there must at least be proof
that notice of the motion for substitution has been served upon
him in the manner prescribed by the rules.
In law it is assumed prima facie that every attorney who
appears in court does so with sufficient authority. The fact that
a second attorney enters an appearance on behalf of a litigant
does not authorize a presumption that the authority of the first
attorney has been withdrawn, There is no question that a party
may have two or more lawyers working in collaboration as his
counsel in a given litigation. Here, petitioner's counsel, Atty.
Vasquez, not only affirmed his continued connection with the
case, but also explained Atty. Hermosisima's appearance as
collaborating counsel. While it may be desirable in the interest
of an orderly conduct of judicial proceedings, that a counsel for
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ
a party should file with the court his formal written appearance
in the case, before filing a pleading therein, or mention in said
pleading that he is submitting the same in collaboration with
the counsel of record, the mere circumstance that such acts
were not done does not warrant the conclusion that the
pleading filed by such counsel has no legal effect whatsoever.
(Ong Ching vs. Hon. Jose Ramolete, et. al. [51 SCRA 13. May
18, 1973])
WITHDRAWAL AS COUNSEL DE OFICIO
There was no incompatibility between the duty of
petitioner to the accused and to the court and the performance
of his task as an election registrar of the Commission on
Elections and that the ends of justice would be served by
allowing and requiring Mr. Ledesma to continue as counsel de
oficio, since the prosecution has already rested its case. The
role of a member of the Bar in the defense of an accused is
indispensable. Such consideration could have sufficed for
petitioner not being allowed to withdraw as counsel de oficio.
There are times, and this is one of them, when duty to court
and to client takes precedence over the promptings of self-
interest. (Antonio Ledesma vs. Hon. Rafael Climaco [57 SCRA
473. June 28, 1974])
RETAINING LIEN
Construing Section 37 of Rule 138 of the Revised
Rules of Court, there is no question that a lawyer has a
retaining lien upon the funds, documents and papers of his
client that may have lawfully come into his possession until his
lawful fees are duly paid. However, where the appellant lawyer
was appointed by the former administrator of the estate and
such appointment was not in pursuance to any court order, nor
DRINJA
was it approved by the probate court, it should be regarded as
an act personal to the administrator. The creation of
professional relationship betweenthe appellant and the
administrator did not, therefore, make the estate also a client of
the said lawyer. Consequently, the appellant cannot claim to
have a retaining lien over any funds, papers or documents
belonging to the estate, even if these

properties may have come into his possession in the course of
his work as such counsel for the administrator. (Testate Estate
of Amadeo Matute Re Incident on the Retaining Lien of Atty.
Antonio Enrile Inton vs. Julian Villanueva Matute [17 SCRA
1010. August 31, 1966])
MEMBERSHIP IN THE INTEGRATED BAR OF THE
PHILIPPINES
To compel a lawyer to be a member of the Integrated
Bar is not violative of the constitutional freedom to associate. A
lawyer becomes a member of the Bar when he passed the Bar
Examinations. All that integration actually does is provide an
official national organization for the well-defined but
unorganized and incohesive group of which every lawyer is
already a member. The Supreme Court, in order to further the
State·s legitimate interest in elevating the quality of
professional legal services, may require that the cost of
improving the profession in this fashion be shared by the
subjects and beneficiaries of the regulatory program2 the
lawyers. (In Re Atty. Marcial A. Edillon [84 SCRA 554. August
3, 1978])
SUSPENSION AND DISBARMENT
That the misconduct committed by Atty. Almacen is of
considerable gravity cannot be overemphasized. However,
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ

heeding the stem injunction that disbarment should never be e. pay membership fees in the Integrated Bar of
decreed where a lesser sanction would accomplish the end the Philippines 

desired, and believing that it may not perhaps be futile to hope
that in the sober light of some future day, Atty. Almacen will 2. The principal obligations of a lawyer to his
realize that abrasive language never fails to do disservice to an professional colleagues are:
advocate and that in every effervescence of candor there is a. observe candor, fairness, and truthfulness in relating
ample room for the added glow of respect, it is our view that with other colleagues
suspension will suffice under the circumstances. His b. use temperate language in professional
demonstrated persistence in his misconduct by neither dealings with other lawyers
manifesting repentance nor offering apology therefor leave us c. avoid encroachment upon the business of
no way of determining how long that suspension should last another lawyer 

and, accordingly, we are impelled to decree that the same
should be indefinite.(In Re Almacen [31 SCRA 562. February 3. The principal obligations of a lawyer to the
18, 1970]) development of the legal system are:
a. Participate in the development of the legal
Question:
 system
Under the Code of Professional Responsibility, what is the b. Initiate or support efforts in law reform and in
principal obligation of a improvement of the 

lawyer towards: administration of justice
1. The legal profession and the Integrated Bar? c. Keep abreast of legal developments
2. His professional colleagues? d. Participate in continuing legal education
3. The development of the legal system? programs
4. The administration of justice? e. Support efforts to achieve high standards in law
5. His client? schools
Answer: f. assist in disseminating information regarding
1. The principal obligations of a lawyer to the law and jurisprudence 

legal profession and the Integrated Bar are:
a. uphold the integrity of the Legal Profession 4. The principal obligations of a lawyer to the
b. observe candor, fairness, and truthfulness in administration of justice are:
relating with other colleagues 
 a. come to the court adequately prepared
c. prevent unauthorized practice of law 
 b. avoid filing multiple actions and forum shopping
d. avoid solicitation and advertising 
 c. disclose pending case

DRINJA
2018 MIDTERMS LEG PROF ATTY. JONALYN PORQUEZ

d. temper client's propensity to litigate t. preserve client's confidence 


e. file pleading within the reglementary period
f. duty not to delay or impede execution of
judgment
g. duty not to talk to a witness during recess
h. duty not to assist a witness to misrepresent
i. duty not to harass a witness 


5. The principal obligations of a lawyer to his

client are:
a. ascertain possible conflict of interest
b. preserve the secrets of a prospective client
c. duty not to decline unpopular clients
d. duty not to decline appointment by the court or
by IBP
e. observe the same standard for all clients
f. give candid advice on the merits of the case
g. comply with client·s lawful request
h. restrain client from impropriety
i. avoid influence-peddling
j. employ only honorable means
k. rectify client's fraud
l. render service only when qualified to do so
m. not to handle a case without adequate
preparation
n. keep client fully informed
o. not to borrow from, nor lend money to, client
p. account for client's funds
q. not to commingle client's funds
r. deliver client's funds subject to his lien
s. not to purchase client's property in litigation

DRINJA