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  • Legal Ethics PDF

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    9 visualizzazioni75 pagine

    Legal Ethics PDF

    Caricato da

    Anthony Reandelar

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
    di 75
    ATENEO LAW SCHOOL CENTRAL BAR OPERATIONS 2010 ATENEO CERTRAL BAR OPERATIONS 2010 eyed ae a a ee ee JUSTICE HOFILENA : ere S SLE CTOE AD pees JOFEE CUENCA & GRACE ESCOCIA ANNA MELISSA MARK JOREL ERICA CHRISTEL ABARQUEZ CALIDA PATINO SOT JFERATIONIS « ADMINISTRATION wASADEMICS s, », .LEGAL ETHICS REVIEWER CT a Ee Table of Contents Preliminary Considerations 1... Jurisprudence ..... Attorney's Oath... Code of Professional Responsibility ... Lawyers must obey the law ... Making legal services available Rule on advertisements, solicitations . Contribution to society and self-development .. Rules concerning lawyers in government sérvice Duty to the profession and the ntgrated Bar .. Respect to colleagues nnn Characteristics of the lawyer-client reais Purely personal nature or in sry etn ei ioniship Candor to courts... Duty to assist in the speedy: Sent of justice «. Refrain from improprieties Extending services to the poor and indigent. Candor and fairness to Clients saes.cnesnesstenmnrtnnniinnenainnnninnntanienninninneii Termination of services. Jurisprudence ..... Liabilities of lawyers and other provisions ~Focuity Adviser: justice Holle; Head: Jofee Cuenca, Grace Escosia; Understudles: AS imperial, Kor Pimentel, ‘Volunteers: Francis Fernando, Christian ila, Diana Rued— LEGAL ETHICS REVIEWER er) OPERATIONS 2010 Jurisprudence... Bar Matter 850: Mandatory Continuing Legal Education. Code of Judicial Conduct Jurisprudence .. Liabilities of Judges Faculty Adviser: lustice Hofileia; Head: Jofee Cuenca, Grace Escosla, Understudies: AS imperial, Kor Pimentel Volunteers: Francs Fernando, Chistian Riera, Diana Rueda LEGAL ETHICS REVIEWER se ee ee - co EEE LEGAL erwncs The embodiment of all principles of moralty, and refinement ‘that should govern the conduct of every member ofthe Bar. LAWYERS, ‘Alawyer is one who has: 1. Passed the bar exams; 2. Taken an oath; 3. Registered inthe roll of attorneys; AND 4. Received a certificate of license to practice law from the Clerk of Court of the Supreme Court. ‘Alter Admission he or she snust: 1. Remain an 1BP member in good standing by regularly ppaying IBP dues and other assessments; 2. Pay annual privilege tax; AND 3. Observe the rules on proper ethics. Requirements for admission to the bar: 4, Citizen ofthe Philippines; 2. Resident ofthe Philippines; i 3. Atleast 21 years old; i ‘ 4 Must successfully complete al prestrivededutses; AND, 5. Production before the Supreme Court satisfactory evidence of ‘= Goodmorteharscer aN b That there are no charges against him, invoWing moral: turpitude, have deen fed ora; pending In any, court in the Philippines. PRACTICE OF LAW PRACTICE OF LAW ~ any activity, In or out of court, which requires the application of law, legal procedure, knowledge, training, and experience [NECESSITY OF REGULATING THE PRACTICE OF LAW It is to determine whether the conduct or act of 3 party is subject to the rules on legal ethies and thus can be regulated by the Supreme Court. ‘The Supreme Court has the power to control and regulate the practice Of aw. (1987 CONSTITUTION, SEC. 5 (5), ARTICLE Vil) 2 £8 for that 2p ‘other court ~ As a party to the litigation, in % The Supreme Court shail have the folowing powers: xxx (5) Promulgate rules conceming the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bor, and legal assistance to the tunder privileged. Although the legislature has plenary powers with respect to legislation, such exercise must not contravene this Constitutional provision. Thus, the requirement of passing another set of exam as a prerequisite for the practice of law in a particular government agency s void. “Howeeverc6f-ewyers can appear before cout, Provided: the © appearance i not habitual, without compensation, and subject “othe following; WON-LAWYERS AUTHORIZED TO APPEAR IN COURT: LL Cases before the MTC — As a party to the litigation, in person Of through an agent or friend or appointed by him (Sec. 34, Rule 138, RRC): er inal case before the MTC in a locality where a duly .S'fcensed member of the Bar is not available — the judge may appoint a nonelawyer who is: ‘a Aresident ofthe province; AND b. OF good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC); 4. Legal Aid Program A senior law student, who is enrolled in ‘a recognized law schoot'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. The student shall be under the direct supervision and control of an 18P ‘member duly acredited by the law school; 5. Before the NLRC or any Labor Arbiter, if: 2, They represent themselves; or bb. They represent their organization or members thereof (Art 222 of the Labor Code, PO 442, as amended); On 6. Before the Cadastral Court (Act 2259, Sec. 9} —Facailty Adviser: hustice Holla; Heads Jofee Guenca, Grace Escosa; Undershadies: AS imperial, Kor Pimentel; 7 ‘Volunteers: Francis Fernando, Christian Riera, Diana Rueda (0 The requirement of GOOD MORAL CHARACTER is a CONTINUING REQUIREMENT; good moral character is not ‘only 2 CONDITION PRECEDENT for admission to the legal profession, but it must also REMAIN INTACT WHILE EXERCISING THE PROFESSION in order to maintain one's good standing in that exclusive and honored fraternity. (Topucar v. Tapucar. A.C Mo, 4148 (1998)) 0 The MORAL DELINQUENCY that affects the fitness of @ member of the bar to continue as such includes CONDUCT THAT OUTRAGES THE GENERALLY ACCEPTED MORAL STANDARDS OF THE COMMUNITY, conduct for instance, Which makes a mockery of the inviolable social institution of marriage. (Cordova v. Cordova, A.C. No. 3249/2006) ‘0 MORAL TURPITUDE has been defined as “everything! 's done contrary to justice, modesty, or good morals; an act Of baseness,vileness or depravity in the piivate and social Sue ih» an oes tow ot voce general, contrary to justice, honesty, modesty, or. Bes morals” (Sarano. Dizon, A.C No 682 (2006) 3 teak PRACTICE OF LAW F ° Cena to ain oo ii eee Kind of service, which device or serige reqies the use in any degree of legal knowledge of skill. .fCayetdina!v! ‘Monsod, 201 SCRA 220) wees QUALIFICATIONS required of lawyers who are in in the effective and efficient administration of justice. (im ‘Re: Angosino B.M. 712 (1997)) Cae) Ye Ikis necessary to determine whether or not an activity is under the definition of “practice of law” to determine whether the ‘conduct or act of @ party is subject to the rules on legal ethics and thus can be regulated by the Supreme Court. ‘SUMMARY: ‘Alawyer is one who has: 1. Passed the bar 2 Taken an oath 3. Registered in the oll of attomeys; and 4. Received a certificate of license to practice law from the Clerk of Court of the Supreme Court. Practice of law ~ any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training, and experience. * dake

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