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DEFINITION OF TERMS
Counseling – is the art of giving advice and information on a particular
problem or hypothesis including the adoption of a course of action to be taken for the
solution thereof.
Legal Counselling – is the art of giving advice and information concerning the
solution of a legal problem arising from a given state of facts and the adoption of
appropriate reliefs or remedies under the law for the satisfaction and enforcement
of a legal obligation before a judicial or quasi-judicial body.
Court of Justice – is a judicial body or tribunal created by law vested with
jurisdiction or power to hear and adjudicate litigious conflicts and to award proper
reliefs and render judgments based upon the evidence presented.
Quasi-judicial body – is an administrative body or agency belonging to the
executive branch of the government vested with jurisdiction to hear and adjudicate
non-litigious cases brought before it by disputing parties and empowered to enforce its
judgments and orders like a court of law and to punish for contempt.
Administrative body or agency – is an instrumentality of executive branch
of the government vested by law with jurisdiction to settle and adjudicate controversy
arising from the interpretation, application and enforcement of laws or administrative
rule or regulation.
Arbitration – is the process of extrajudicial settlement of controversies in the
administrative level before an arbitrator thru the voluntary will of the parties arising from
the violation of law, administrative rule or regulation.
Conciliation – is a mutual agreement or understanding usually reduced into
writing entered into and executed by the parties litigants whether judicially or
extrajudicially which serves as basis for a court judgment.
Legal Counseling As Essential Component Of Lawyering
A wise and prudent man who is confronted with a legal problem, would not
hesitate to run to a lawyer worth his salt to act as negotiator, an honest arbitrator
whodeserves his full trust and confidence.
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However, before one decides to immerse into a protracted court litigation, a
citizen confronted with a legal problem, should not be timid to first consult a well-
meaning lawyer, who can be a pro-bono members of the legal profession whose sole
capital is his brain and holding office in a dingy corner of the town, who are willing to
accept a cases on a contingent basis, or an abogado de campanilla whose rental
ranges from one to two million pesos per month in a post law office at Ayala Avenue,
to break the ice with his opponent, and exhaust al avenues for amiable settlement. It
is only when all avenues for conciliation have been resorted to but failed, that one is
left with no recourse but to go to court. This is so because we live under the government
of laws and not of men. Gone were the days when might is right and the mighty is the
law. A lawyer who advises his client to bring his problem at once to court without
undergoing the mediation process, is not a good lawyer. Perhaps, he is only after his
client’s purse unmindful of finding a better and less expensive solution to his client’s
problem.
Hence, the need of persons who are skilled in law to represent potential
litigants in court. For while it may be true that every citizen’s constitutional right to gain
access to courts, yet not all citizens of this country are privileged to appear or defend
their cause before courts of superior jurisdiction. Only those who have been admitted
by the Supreme Court to the practice of law after finishing the four-year course from a
recognized law college where Legal Counselling is taught, can be allowed to appear
before superior courts and juasi-judicial agencies of the government, or before
collegiate courts of superior jurisdiction. And even in inferior courts, only persons of
proven probity and ability to prosecute his case and represent evidence according to
the Rules of Court, may be allowed to appear and practice before them.
Importance of Lawyer in society
During ancient times, lawyers have already played an important role in the conduct of
human relations.
We have diverse society composed of men and women of different calling and
vocations. But all of them are helpless when it comes to solving their legal problem.
A community cannot endure without order and that order cannot be attained without
laws to govern the conduct of individual. But laws can be interpreted only by judges,
and judges must first be lawyers.
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Layers are perpetually engaged in trying to anticipate, prevent, mediate, settle or win
human disagreements involving alleged rights recognized at law.
Law practice without legal ethics is quackery
Legal Ethics – branch of moral science which treats of the duties which as attorney at
law owes to his client, to the court, to the bar and to the public.
A lawyer whose ulterior purpose is money making belongs to the species of shysters
and ambulance chasers, or at least a bad egg whose name does not deserve to appear
in the Roll of Attorney’s.
A lawyer should endeavor to obtain full knowledge of his client’s cause before advising
thereon, and he is bound to give candid opinion of the merits and probable result of a
pending or contemplated litigation.
A lawyer owes “entire devotion to the interest of his client, warm zeal in the
maintenance and defense of his rights and the exertion of his utmost learning and
ability”.
No fear of judicial disfavor or public unpopularity should restrain him from the full
discharge of his duty.
“It is improper for a lawyer to assert in argument his personal belief in his client’s
innocence or in the justice of his cause.”
It must be borne in mind that the great trust of the lawyer is to be performed within the
bounds of the law.
He must obey his own conscience ad not that of his client.
What is the practice of Law?
The practice of law was defined in Cayetano v. Monsod as any activity, in or out of
court, which requires the application of law, legal procedure, knowledge, training and
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experience. To engage in the practice of law is to perform acts which are usually
performed by members of the legal profession.
The Rules of Court provides that only those persons who are duly admitted as a
member of the bar, or thereafter admitted as such in accordance with the provisions of
this Rule, and who is in good standing is entitled to practice law.
Passing the bar is not enough because signing in the roll of attorneys and taking the
lawyers oath are also required to become a full pledged lawyer. The payment of IBP
dues is also necessary to continue practicing the legal profession.
There is also a pre-law requirement that the person must have pursued and
satisfactorily completed in an authorized and recognized university or college, the
completion of a four-year high school course and a bachelor's degree in arts or
sciences with any of the following subjects as major or field of concentration: political
science, logic, english, spanish, history and economics.
Another requirement is having good moral character and possessing an upright
character both in the past and in the present. This means that a person aspiring to
become a lawyer must not commit any grossly immoral acts.
Not complying with said requirements will lead to one practicing the legal profession
illegally, which is prohibited by the Code of Professional Responsibility.
When not to accept a case?
Jurisprudence describes the legal profession as one whose relation between
colleagues are characterized by candor and fairness. This means that unlike a
business enterprise whose aim is solely for profit, the practice of law is more of a
vocation such that profit is merely incidental and takes a back seat, while public service
and the quest for justice gets the front row, always. This also means that relationship
between lawyers are guided by the Cannons and rules of fairplay.
To guide the bench and set parameters as to when to engage a client, jurisprudence
lays down the guideline that lawyers are prohibited from soliciting cases for the purpose
of gain, either personally or through paid agents or brokers. The aforesaid actions
constitute malpractice. They are also prohibited from pirating a client already engaed
by another counsel. An example of a violation of this guideline is ambulance chasing.
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A lawyer must not engage a client when there exists a conflict of interest as provided
in the CPR, especially from except when the consent of their clients is properly
attained.
Jurisprudence and the code of professional responsibility dictates that a lawyer for a
corporate client owes his duty and loyalty to the corporate entity rather than a particular
officer.
A corporate lawyer must also keep all critical information gained from prior employment
and never use it against the same client he worked for before and prevent a situation
wherein he will be representing an entity against his former client from whom he gained
confidential information and use it against them in court.
Double dealing or filing a case against a current client being represented is also
prohibited. If a lawyer wants to file a case against the client what he ought to do is
formally withdraw as counsel for the current client. The prohibition in double dealing
applies even if the cases are unrelated and not opposing parties.
Lastly, business partners of a lawyer should not be engaged as clients to avoid
possible conflict of interest in legal matters as against their business interests.
. A.C. No. 7504. November 23, 2007.
G.R. No. 100113 September 3, 1991
RENATO CAYETANO vs. CHRISTIAN MONSOD, et. al.
Facts:
Monsod was nominated by President Corazon C. Aquino to the position of
chairman of the COMELEC. Petitioner opposed the nomination because allegedly
Monsod does not possess required qualification of having been engaged in the
practice of law for at least ten years. The 1987 constitution provides in Section 1, Article
IX-C: There shall be a Commission on Elections composed of a Chairman and six
Commissioners who shall be natural-born citizens of the Philippines and, at the time of
their appointment, at least thirty-five years of age, holders of a college degree, and
must not have been candidates for any elective position in the immediately preceding
elections. However, a majority thereof, including the Chairman, shall be members of
the Philippine Bar who have been engaged in the practice of law for at least ten years.
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Issue:
Whether or not Monsod does possess the required qualification of having
engaged in the practice of law for at least ten years.
Ruling:
YES. Practice of law means 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 perform those acts which are characteristics of the profession.
Generally, to practice law is to give notice or render any kind of service, which device
or service requires the use in any degree of legal knowledge or skill.”
Interpreted in the light of the various definitions of the term “practice of law”,
particularly the modern concept of law practice, and taking into consideration the liberal
construction intended by the framers of the Constitution, Atty. Monsod’s past work
experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of
industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and
the poor, verily more than satisfy the constitutional requirement, that he has been
engaged in the practice of law for at least ten years.
VIRGINIA VILLAFLORES vs. ATTY. SINAMAR E. LIMOS
Facts:
A Complaint for Disbarment filed by complainant Virginia Villaflores against
respondent Atty. Sinamar Limos, charging the latter with Gross Negligence and
Dereliction of Duty and violation of Rule 18.03 of the Code of Professional
Responsibility.
Complainant approached respondent, who had previously handled her son’s case, to
file on her behalf the required appellants brief after receiving an unfavorable judgment
on her case. Since respondent agreed to handle the appeal, complainant handed to
respondent on 8 September 2004 the amount of P10,000.00 as partial payment of the
latters acceptance fee of P20,000.00, together with the entire records of the case. The
following day, on 9 September 2004, complainant paid the balance of respondent’s
acceptance fee in the amount of P10,000.00. These payments were duly receipted and
acknowledged by the respondent. On 21 September 2004, an Employment Contract
was executed between complainant and respondent whereby the former formally
engaged the latter’s professional services. Upon the execution of said contract,
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complainant again paid the respondent the amount of P2,000.00 for miscellaneous
expenses.

On 14 January 2005, complainant received a copy of a Resolution dated 6

January 2005 issued by the Court of Appeals dismissing her appeal for failure to file
her appellants brief within the reglementary period. Thus, on 17 January 2005,
complainant went to respondent’s office but failed to see respondent.

After several unsuccessful attempts to talk to the respondent, complainant

went to Manila on 18 January 2005 to seek help from another lawyer who agreed to
handle the case for her. On 19 January 2005, complainant went back to the
respondent’s office to retrieve the records of her case. Respondent allegedly refused
to talk to her.

Issue:

Whether or not respondent is negligent in performing his duty as a lawyer.

Ruling:

YES. Every case a lawyer accepts deserves his full attention, diligence, skill
and competence, regardless of its importance and whether he accepts it for a fee or
for free. Certainly, a member of the Bar who is worth his title cannot afford to practice
the profession in a lackadaisical fashion. A lawyer’s lethargy from the perspective of
the Canons is both unprofessional and unethical. Respondent’s conduct in failing to
file the appellant’s brief for complainant before the Court of Appeals falls below the
standards exacted upon lawyers on dedication and commitment to the client’s cause.
The failure of the respondent to file the appellant’s brief for complainant within the
reglementary period constitutes gross negligence in violation of the Code of
Professional Responsibility.

Respondent is reminded that the practice of law is a special privilege bestowed

only upon those who are competent intellectually, academically and morally. This Court
has been exacting in its expectations for the members of the Bar to always uphold the
integrity and dignity of the legal profession and refrain from any act or omission which
might lessen the trust and confidence of the public.

Source: Legal Counseling for Practicing Lawyers, Judge Recaredo P. Barte , 2015 ed.