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  • Leg Eth

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    Bianca Alana Hizon Limjuco
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    Legal Ethics review

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    LegEth

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    Legal Ethics review

    Copyright:

    © All Rights Reserved
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    Segnala contenuti inappropriati
    5 visualizzazioni12 pagine

    Leg Eth

    Caricato da

    Bianca Alana Hizon Limjuco
    Legal Ethics review

    Copyright:

    © All Rights Reserved
    Scarica in formato PDF o leggi online su Scribd
    Segnala contenuti inappropriati
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    PRACTICE OF LAW 0: Whatconsiutes practice of law? Ce Jurisprudence, Case No.1: Fojrco vs, Atveraz~ April 2016 AS a legal officer of the National Center for Mentol Heath, is he considered as involvedin practi lay? YES, = But nen he accaps cents when aro net nine wth te ator (ven tohim, helen unauthorleed practice of law, Case No. 2In Re: Petition forsiening the rol of cheney by Meds Unauthorized practice of law? athe fact that he's aware that he wasn't able to sign the rll of atomeys and sil practice law warrants suspension of 2 years Because the SC considered him not honest, an act of negigence. Event he passed the bar examinations he fle to full the as rmaneatory recuiement of signing the rol of lleneys, which ‘makes han nota member of he Ba, ‘So wo have 2 examples of UNAUTHORIZED PRACTICE OF LAW: 1 Lack oftegal authority mandated by law pursuant io his employment: 2. When a person engages in te practice oflaw but nels notamember ofthe bar Case No. 3— fnavetbe) So aside ffom the fale of signing the roll of attomeys, of representing Nnself a5 counsel which Is flse, what Wes the ‘jective ured by Sc? =" Inu of flee misroprosentaton it constitutes meral unfiness. Whot acts constitute practice of lav? (Case No. !-Appesringin Court Case No. 2- Representing private patos (Caso No. 3~ also appearing in court Tan vs. Aty. Gumbo ‘ty. Gumba appeared in court, represented others when he is sit technicaly suspended. ~ Decisions of tie SC regarding lanyers is immediately executor. Atorneys involved should always abige withthe decision even {hares maton forteconsideration,suchis inthe cecreton ofthe ‘SCito stow the layer to practee. An adminsiatve case against 8 lawyer bofore the SC is sul generis, one ofits kind. You shoul ‘always ask om the SC belore engaging inthe practice ofthe legal Profession, Na, 4 Bonifacio vs. Atty. Era ond ty: Vargas =" "Appearance befowe auction of lawyer, which is unauthorized pracice of lanye forbidding for hs chet. Boh were gully and Elspendec, Aty. Vargas indrecly assisting in tha unauthorized pracice under Canon, ~ Practice of aw whie being suspended is penalized before the Coun. How about teaching law? Following Coyetana. is it application of fegol principles, probably advising students, is it considered proctive of ls? Case No.5: n Re: Letter of UP Facuty = "UP fcuty sad that Del Casto plagarized certain articles in Wis Secision Vinuya vs. Exec. Sec) to make happen ke Ris is, = When thy are reprimanded, the 37 faculty members who signed the letter sid that they ae exercising freedom of speech, — Teaching of law therein ls practicing law and thereby bound bythe Canons. Canons 1,1 and 13 wee ced inthe ltr of te UP Faculy, Do you know whet was the SC tuling on the plagiarism? The SC Contiders ba fate statement thet Dal Casto plagiarized? The ving nature of the certain potions of the statements exceeded the fait comment ofthe cilzen towards the cout, 2nd annatbe counted as protected speech. Practice of aw means any activity, n or outof court, which requires the application of law, legal procedure, knowledge, training, and ‘expertence: Essential criteria in determining whether a person is engaged in ‘theractice ablaw (CANA) 41" Compensaton = implies that one must have presented himself to be Inactive practice an that his profesional services are avalabe fo the. ble Tor compensation, as Soure of vellnood orn consiceralion of Fis caid sonioes Compensation (one of the characteristics ng “Tho recap of compensation i not the sol dotominant oflegal practice. Gving of advice or ronceing any King ‘of eonice. that involves. legal Knowledge ie also considered as practice few. I there is compensation in giving legal services, thats ‘one ofthe determinants of practice oaw.Butthatis not th sole factor to determine sven. I ony contims the races of aw Itistot a mandatory element Free legal servic (60 hours a year fr isigent lens) and recognition of service can be deducted fom income axes nsdedtble expense, 2, Applicaton of aw, egal prince, practice or procedure which calls {orlogal knowedg, raring and experiance, 3. Habivaliy implies customary or habiually hong onesolfout othe ible 28a lwyor Pract oft is more than an iolated appoarance {oritconsistsnfrequentor customary acbon; and Hobituatty (eharoctensve) what if isolated ‘vonsactions only How about a lawyer giving adie o one or two Nnange Inve toa wadding, I he considered inthe pracce of aw? Later on, he ives legal advice ina radio program, Is tat pravicg of ow is tat habitual? NO. (FIND OUT Wn) Te giving oft advice is nedental wih regards vith he Ninang. twas occasional. Thora sno ay-tent ‘elationship (TELL MAM WY) -there sno constitation (CPR Canons! _appcation begins with the commencement of atiomey-cent relationship. No \olation ofthe code there fron. Standards for legal practice tobe habitual HABITUALITY does not refer lo a fxed period. There shouldbe consistency of activity, regula conducted ‘The sence is regulary done when tis avaiable. eis consistently offered and obtained by the cient if they Saree, It doesnt matter hat If an iolted incident (hich means that auyer didnot realy ofr te service ‘and the clont dd not roaly ccopt fas a mattr of {uslom or erinary courte oftegal services) 4, Attomey-Glont relaonship - engaging 16 the practice of taw procupposesthe existence ofalnwyer-clontreltonchip, Ten (10) years ‘Ofpractce oflw includes werk 9 a libgator, n-nouse counsel, giving of Tegal advice, tascring of law, and avon Toroign assignment which rogures te knowledge and application of re laws. Determining factors [A person comets the ace of a lawyar which f= ‘elberato.(consuliaton mesting) Lawyer provides a professional advice. Professional means that advice is forthe resolution o legal rete “wha s being consulted. Professional means that is Felevant in the subject matter of the consultation Lawyer has been holding himself outto the public as a Practeing lawyer. ‘There is relevant information whether itis substantia ‘or minimal tat has been relayed trom the lento the attomey directly related tothe subject of the advice. ‘Testis something hats evidentiary. For lawyars employed by the goverment, thera is no attomey-clent relationship because the cient is the ‘government (Canon 6). Unless thoy are allowed by Special law. (ex: Civ Series Commission Officers ‘wth prior permission from the head of the department) In and Out of Court Ain court - gppearence ‘Appearance: 4; personal, physical, standing and manifesting in court 2 Fling’ Submission of motions or pleadings 3. Special appearance, even if not lawyer on record 4 Fling a mation fer continuation/postponemantif counsel on record. If not, ane just for assisting client, its pot appearing in cour (Remedial law basis) ‘5 Asking judicial rei rom court, 2. Out of court 41. Setlament of disputes belore administrative offices or arbitral tribunale ox. DAR {which is orainarty brought before courts) 2, Engaging in private practices with natural and juridical persons 2s ‘cons ex. bank lawyer, client isthe bank or as an in-house counsel ‘acratng of pleadings as collaborating counsel (behing the scene) 4) a Glizen of the Phiipnes: 2) Atleast 21 years of age; 3) Of Good moral charactor, 4) _@ Resident ofthe Philippines; 5) Must produce before the SC satisfactory Evidence of good moral character 6) Nocharges against him, involving moral turpitude, have been fled ‘or are pending in any coutin the Philippines 7) Must have compiled wth the Academic requirements; ‘a. PhILSAT (now TROed) 8) Must Pass tne bar examinations; 9) Take the lawyer's Osth and 410) Sign the Rol of Atomnoys, 11) Giizership: 42) Updated payments of annual IBP marbership dues, 13) Proof ofpaymentof professional tax 14) Compliance with MCLE: and 15) Good moral eneracter Lawyer employed in DSP loans division. Is he engaged in the practice of tav? Fhe is teaching at the same tne, Is i consideredt (Proctice of bu? May he apply as a judge? = Solely teaching law is not practice of law, But if accompanied by ther practices of aw actives. In Cayetano v. Monsod, the application of legal knowledge in and out ‘of court should be applied in similar circumstances with the case, (Research on which positonstworks he did) Persons excluded in the torm “Practicing Lawyer” PALE REVIEWER | J. FERNANDEZ 1. Government employees and incumbent elective officials aro not alowed to practice; 2. Lawyers who by law are not alloned to appear in cout 3. Supervising lawyers of students enroled in law student practice in duy accredited legal clnis of law schools and lawyers of Non-Government Organizations (NGOs) and People's Organizations (POs) who by the nature of ther work ‘ready render free legal ald to indigent and pauper Migants; ‘and 4. Lamyors not covered under subparagraphs (Do (i)of Sec. 4, BM. 2012 including thosa who are employees inthe private sector but do not appear for an in behalf of parties in courts flaw and quasijudicial agencies. Attomevat low vs Attomevin-foct “ATTORNEY-ATLAW, ATTORNEYINEACT ‘Gass of persons who are foonsed | Smolyan agent whose coffees othe cour ompoworedto | authorty i sty limited by ‘appear, prosecute and. defend, | the instument appointing him. ‘nd_upon whom peculiar dutes, | His autor is provided ina responses and labilies are | special power of atime, or developed by law a8 8 - ‘consequence Setoretatlemen He is not mocossarly a lawyer. FULL PLEDGED LAWYER WHO | WRITTEN’ SPECIAL POWER QUALIFIES "WITH THE 16 | OF ATTORNEY OR SPECIAL MANGATORY REQUREMENTS. | WRITTENAUTHORITY FROM BOUND BY THE CPR AND | A PRINCIPAL (WON OTHERETHICAL STANDARDS. | NATURAL OR JURIDICAL PERSON) TOAGRANTEE TO PERFORM PARTICULAR RIGHTS AND DUTIES WITH REGARD TO A SPEGIIC SUBJECT MATTER. BOUND By CIV CODE, NOT REALLY LEGALETHI Boum Ambulance Chasine BARRATRY ‘AMBULANCE CHASING ‘An offense offrequeniy exciing | An act of chasing vicims of ‘and tiving upquarels and | accidents for the purpose of sults,ettheratlaw or otherwise; | talking 10 the said vichms (or lawyersactoffomentng suits | relatives) and ofering his legal amongindviduals and offing | services forthe fling of @ case Pslegal services toone ofthe. | against. the personis) who Baratryisnotacrime under the | caused the accidents). has Philippine laws, However, tis | spawned a number of roseribod by theres oflogal | recognized evils. such ag thes, IFsMoy: 4. Fomenting of iigtion with resulting burdens on the courts ‘and the public; 2. Subordination of perury; 8, Mueting ofinnocentpersons by Judgments," upon Manufactured caussfacton; 4. Deftaucing of injured persons having proper causes ‘oF action but ignorant of legal Yights and court procedures by means. of contracts which retain exoroitant percentages ‘of recovery and legal charges: {or court costs and expenses ‘and by settlement made for quick “retums of fees and 2 ‘againetjustights ofthe jared persons. 4) Proceedings before the Smal! Claims Court ~ No attomay shall appear in behalf of or representa party a the hearing, unless the NOTE: Ifthe court determines that a party cannot propery present hishher claim or cetense and needs assistance, the court may, in its discretion, allow another individual wno is not an attomey to assist thal party upon the latter's consent. (Sec. 17, Rule of Procedure for Stal Claims Cases) 2) Proceedings befor the Katarungang Pambarangay ~ During the pre-ial conference under the Rules of Court. lawyers. aro Prohibited from appesring forthe partes. Parties must appear in person only except minors or Incompetens who may be assisted by theirnextof kn who are not lawyers 2 FICIALS NOT ALLOWED TO ENGAGE IN 1A ‘1) Judges and other officials and empoyees ofthe Supreme Court 2) Offcials and employees of the OSG 5) Government Prosecutors 4) President, Vice-President, Members ofthe Cabinet, their deputies and assistants How about Bureau Chlefs or Undersecretaries? Absolutly prohibited 5) Members of the Consitutonal Commission 68) Cll Service Officers or employees whose. duos and responsiblites require that their entre tme be atthe deposal of the government 7) Ombudsman and his deputies 8) All governors, ety and municipal Mayors and 9} Those prohibited by Special laws, RESTRICTIONS ON THE PRACTICE OF LAW ON CERTAIN INDIVIDUALS (RELA TIVE PROHIBITION) 1). No Sonator ar membor of the House of Ropresontatves: may personaly ‘appear’ as counsel before any courto juste or fore fhe Ect Tbunals, oF quar and oer adminstaton NOTE: What is prohibited is to "personally appear” in court and ‘ther bodies, The word “appearance” includes not only arguing a {ase before any such body but also ling a pleading on behalf ofa client “by simpy fling formal motion, ple, or answer.” EX Senator Kiko Pangilinan representing client for contracts for 0 client before the SEC Sls prohibited rom doing 50? Ho can practic law butto a limited degree. Then explain te limtaton. Sen. Panglinan can draft PALE REVIEWER | 1 FERNANDEZ contrcts. He can't however appear before the SEC, another lawyer should do that 2) Under the Local Government Code, Sanggunian members may ‘racive their professions provided that they are members ofthe Bar, thoy shall NOT: 12)" Appear ascounsel bebre any court nany cvicase whersin @ local government unit of any office, agency, oF instrumentally ofthe govermentis the adverse party, 'b) Appear as counsol inany caminal ease wherein an cfc or ‘employee ofthe national orlocal governmentis accused of an ‘offense committed in elation iohis ofc; ©) Collect “any foo for theit appeerance in. administrative proceedings involving the local government unit of which he Isanofcat or 1) Use property and personnel othe government except when the Sanggunion member concarned ie defending the interest ofthe government. 3) Under Sec. 1, RA. 910, as amended, a reed justice or judge ‘receiving pension from the government, cannct act as counsel: {2} In-any cil case in which the Goverment, of any of its division or agencies isthe adverse party; or ') Ina criminal case. whoroin an offleet of employee of the Governments accused ofan offense in relation ohis ofc, ©) Collect any foes fer his appearance in any administrative proceedings to maintain’ an interest adverse to the {Qovernment, provincial or municipal, or to any of ts legally onstivted foes). 4) Chi! service officers and employees without permit trom their respective department heads 5) A fomer goverment atiomey cannot, after lesving government ‘servic, accept engagement oremploymentin connection with any ‘matter in which he a intervened while inthe sald service Mouiawvess wy COURT ‘The fllowing are the instances whereby nonawyers may appear in court 41) Cases before the MTC: A party tothe itigaton, may conduct his ‘own case o tigation in person, with the ald ofan agent c fiend ‘appointed by him for that purpose. 2) Before any other court, a party may conduct fis iigation [personaly but fhe gets someone f aid him, that someone must bbe authorized member of the Bar NOTE: A nom-ienyer conducting his own Itigationis bound by the same rules in conducting the tal case. He cannot after judgment, lim that the was not propery represented. 3) Criminal case before the MTC ina locliy where @ duly iconsed ‘member ofthe Baris not avaiable, te judge may appoint a non- lawyer wo {9} Resident of th province; and 'b) Of good repute for probity and ability to ald the accused in his defense 4) Aay official or other person appointed or designated to appear {or the Government of the Philippines in accordance withiaw MOWLAWYERS Wy ADNISTRATIVE TRIBLINAL 4) Under the Labor Code, non-awyers may appear before the NLRC ‘or any Labor Arbiter, ‘2) They represent themselves; oF ©) They represent omaizaon or members reo 3 ©) they areduly accredited members of anylegaleidoffice duly recognized by the Departmentof Justice, orthe integrated Bar ‘ofthe Phiippnes in casos referred toby the later NOTE: Hes not, however, ented to attomey’s fees under Article 222. re Labor Code for not being alawyer 2) Under the Cadastral Act, a nondawyer can represent a claimant before the Cadastral Cour CANON 1.01 involves 4 adjectives (unawtl, dishonest, immoral and deceit conde) Why include a? Isnt enough to be unlawful? What is unlawful? Can you be administratively sanctioned for teling @ lie? Were in wi fa? DEEINITIONS: Morally—nol discussed 1. Deceltful Conduct ‘An act thal has. the procivly for fraudulent and deceptive ‘misropresantation, artifice Or devioe thal is Used upon another who Is ignorant ofthe fact. othe prejudice and damage ofthe party imposed upon (CPR Annotaied. Phils) Whot is deceitful conduct? What ae the standards? Example: one of your classmates proposes meriage to another upon ‘graduating and lataron did nat full such promise, Te that decal? ‘KEYWORD IS ARTIFICE, IL becomes a consummated act because of the deceit. You can ‘then sue your classmate because he enticed you to engage in ‘sexual relationship with a promise of marriage. It is consigered @ scheme ora notorious design to deceive through misrepresentaton or fraud, 15 decelful conduct also unlauftcondet? There is no law prohiiing promise to marriage for sexual favors butitis considered deceiul, Therefore, even iit does nat comply vith the ilegalty, the lawyer can sill be held responsible for the ‘ecetfulconduct 2. Unlawful Conduct + Its the transgression of any provision oflaw, which need not be a penal law. The presence of evil intent onthe part of the lawyer is ot essential In order to bring his actor omission within the terms ofthis Rule hot the standard for an act to be on unowfl? ‘There shouldbe a provision ofthe law that provices forthe legality ofthe conduct, notwinstanding i theres a penalty oF not. The aw Itself should provide thatthe conduct legal + hay be a penal provision or defrauding one for misrepresentation that you can ereate gold from a pioce of metal constituting esiafa, but not provided that the conducts legal, such fe not Unlauf Example gambling for lawyers - is that unlawful? If playing in casino as long as PAGCOR approved - NO, lawyer can. Bu if paying inthe streets - Maile ordinance prohibits, Inone case, SC said can be violative of Canon 1 even ifthe law isnot «penal law. The Civil Code prohibits incestuous mariage. 1A lawyer may be edminstralvely sanctioned because the Gil Code lise provides that it's llega. Words used “shal” or “shall, of” could be indicative of the law prohibiting such conduct Principles of equty? = SC rendors decisions based on equity and SC decisions are part ofthe ew ofthe land. an the (avn be held liable fora conduct violatng principles of ‘equity violating Canon 17 Depends: 1'SC fs ting a speciclaw and applied such aw in the caso bcause the law says so, YES i can be used as ertria. But fhe SC PALE REVIEWER | J. FERNANDEZ ‘sald that theres no such law and in the basis of equity the decision was made witha reference to legistation of such law, then NO itcanit be a basis. 4. tmerol Conduct ‘Conduct which is wilful, fagrant or shameless, and which shows {3 moral ndiference to the opinion of the good and respectable ‘members of the community. To warrant ciscipinary action, the act ‘must nol only be merely immoral bt grossly immoral. Grossly immoral condlict Is one that is 60 comp and false as to ‘onsite a criminal act or so unprincoled or disgraceful as to be reprehensible to ahigh degree. is wilful, fagrant, or shameless ‘ac, which shows moral Indiflerence to the opinion of respectable members the community What bout immerat? Is alawyergay couple immoral? How about lesbian couple, wherein one is mares legally? Whatis guideline then? ‘When you Took atthe CPR, gross immoral is net a ground for sisbarment, But simple mmorsliy, can bea ground for suspension

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