NATURE OF LEGAL PROFESSION

Practice of law is a profession

Profession- refers to a group of men pursuing a learned art as a common calling in the spirit of public service
The main goal should be the spirit of public service and the administration of justice
Gaining profit is merely incidental it is not a mere moneymaking trade
It differs from a trade or business because the primary purpose of the latter is economic gain or profit

NOTE: The fact that it undergoes a licensure exam is a clue that it is a profession.
Three Ideas involved in a profession
1. Organization- lawyers organize themselves as a profession thru the bar associations
One of the reasons why they are organizing a bar association is for mutual protection and benefit

2., Learning- professions are learned not only from the nature of the art but historically have a cultural, and ideal side which furthers the
exercise of that art
They must be learned men

3. Spirit of public service- every profession aims at the exercise of powers beneficial to mankind
Legal profession is a privilege and a right
Privilege
Granted only by the Supreme Court to those deserving individuals
It is accorded only to those who measure up to the exacting standards of mental and moral fitness
Continued possession of good moral character

Right
A lawyer cannot be prevented from practicing law except upon valid cause and only after affording
him due process
He has the right to protest in anything which he thinks is prejudicial to the administration of
justice

Good Moral Character

Is a condition which precedes to the Bar and is not dispensed with upon admission
It is a continuing qualification which all lawyers must possess

“Lawyers are not hired guns”

They are not hired guns to do their client’s bidding
Standards of legal profession (Justice Vicente Mendoza)
1. Independence- lawyers are professionals who must conduct themselves in a professional way
A lawyer must represent his client with zeal within the bounds of the law
Must be immersed with their clients cases but not drown themselves into their client’s causes

2. Accessibility
Legal services must be available to all

They should be able to aid the public in the 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

NOTE: Just as there is a need for preventive medicine, there is also a need for preventive legal counseling so that parties will be saved
from the trouble, expense and anxiety of litigation
3. Learning
The bar must be able to communicate to the public its aims and purposes
It must be able to explain to lay people the laws and regulations in clear, simple and understandable language so that public respect
for the law will be fostered