Agpalo Legal And Judicial Ethics Pdf Download: A Critique of the Current Trends and Developments in

The Legislature, in the exercise of its POLICE POWER may, however, enact la ws regulating the practice of law to protect the public and promote the public welfare. 1. A law declaring illegal and punishable the unauthorized practice of law. 2. Require further examination for any attorney desiring to practice before any quasi-judicial or administrative agency. Whatever law may be passes is merely in aid of the judicial power to regulate. But the legislature MAY NOT pass a law that will control the Supreme Court in the performance of its function to decide who may enjoy the privilege of practicing law and any law of that kind is unconstitutional as an invalid exercise of legislative power. RA 972 (the Bar Flunkers Act) aims to admit to the Bar, those candidates who suffered from insufficiency of reading materials and inadequate preparation. By its declared objective, the law is contrary to public interest because it qualifies 1,094 law graduates who confessedly had inadequate preparation for the practice of the profession, as was exactly found by this Tribunal in the aforesaid examinations. An adequate legal preparation is one of the vital requisites for the practice of law that should be developed constantly and maintained firmly.

After Admission he or she must: 1. Remain an IBP member in good standing by regularly paying IBP dues and other lawful assessments. 2. Pay annual privilege tax. 3. Faithfully observe the rules and ethics of the legal profession. 4. Be continually subjected to judicial disciplinary control.

Agpalo Legal And Judicial Ethics Pdf Download

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LEGALETHICSanother, practices law, or acts professionally inlegal formalities. Those who passed the Sharia Bar not ent itled tobe called A ttorneys unless admitted to the Philippine Bar. Counselde parte: o An attorney retained by a party litigant, usually for afee, to prosecute or defend his cause in court. o Implies freedomof choice either on the attorney or the litigant. Counsel deoficio: o Attorney appointed by the court. o To defend an indigentdefendant in a criminal action. o To represent a destitute party.Attorney of record: o Attorney whose name, together with hisaddress, is entered in the record of the case as the designatedcounsel of the party litigant. o To whom judicial notices are sent.A lawyer of counsel is an experienced lawyer, who is usually aretired member of judiciary employed by law firms as consultant.Amicus Curiae is: o An experienced and impartial attorney invitedby the court to appear and help in the disposition of issuessubmitted to it. o It implies friendly intervention of counsel tocall the attention of the court to some matters of law or factswhich might otherwise escape its notice and in regard to which itmight go wrong. o Appears in court not to represent any particularparty but only to assist the court. Amicus Curiae par excellencebar associations who appear in court as amici curiae or friends ofthe court. Acts merely as a consultant to guide the court in adoubtful question or issue pending before it. Bar refers to thelegal profession. Bench refers to the judiciary. Client one whoengages the services of a lawyer for legal advice or for purposesof prosecuting or defending a suit in behalf and usually for a fee.Lawyer this is the general term for a person trained in the law andauthorized to advice and represent others in legal mattersAttorneys-At-Law that class of persons who are licensed officers ofthe courts empowered to appear, prosecute and defend, and upon whompeculiar duties, responsibilities and liabilities are developed bylaw as a consequence. Attorney in fact- simply an agent whoseauthority is strictly limited by the instrument appointing him. Hisauthority is provided in a special power of attorney or generalpower of attorney or letter of attorney. He is not necessarily alawyer. Bar Association an association of members of the legalprofession like the IBP where membership is integrated orcompulsory. House Counsel one who acts as attorney for businessthough carried as an employee of that business and not as anindependent lawyer. Lead Counsel the counsel on either side of alitigated action who is charged with the principal management anddirec tion of a partys case, as distinguished from his juniors orsubordinates. Practicing Lawyer one engaged in the practice of lawwho by license are officers of the court and who are empowered toappear, prosecute and defend a client s cause.

LEGALETHICS Pro Se - an appearance by a lawyer in his ownbehalf. Trial Lawyer one who personally handles cases in court,administrative agencies of boards which mean engaging in actualtrial work, either for the prosecution or for the defense of casesof clients. that will control the Supreme Court on its function todecide who may enjoy the privilege of practicing law. Could beconsidered unconstitutional. SC POWER TO REGULATE PRACTICE OF LAWincludes: 1. Authority to define that term. 2. Prescribequalifications of a candidate and the subjects of the bar exams. 3.Decide who will be admitted to the practice. 4. Discipline,suspend, or disbar any unfit or unworthy member of the bar. 5.Reinstate any disbarred attorney. 6. Ordain the integration of thePhilippine bar. 7. Punish for contempt any person for unauthorizedpractice of law. 8. Exercise overall supervision of the legalprofession. 9. Exercise any other power as may be necessary toelevate the standards of the bar and preserve its identity. Powerto regulate the practice of law is not an arbitrary or despoticpower to be exercised at the pleasure of the court. It is the dutyof the court to exercise it by a sound and just judicialdiscretion.

Power to regulate practice of law The Constitution [Art. VIII,Sec. 5(5)] vests this power of control and regulation in theSupreme Court. The constitutional power to admit candidates to thelegal profession is a judicial function and involves the exerciseof discretion. Const art. XII, sec. 14. o The practice of allprofessions in the Philippines shall be limited to Filipinocitizens, save in cases prescribed by law. The SC acts through aBar Examination Committee in the exercise of its judicial functionto admit candidates to the legal profession. Thus, the Committee iscomposed of a member of the Court who acts as Chairman and 8members of the bar who acts as examiners in the 8 bar subjects withone subject assigned to each. Practice of law is impressed withpublic interest. o Attorney takes part in one of the most importantfunctions of the State The Administration of Justice. o Duty of theState to control and regulate the practice of law to promote publicwelfare. Practice of law is inseparably connected with the exerciseof its judicial power in the administration of justice.LEGISLATURES EXERCISE OF POLICE POWER may enact laws regulating thepractice of law but may not pass a law

LEGALETHICS1. obtained the necessary degree in the study of law;2. successfully taken the bar exams; 3. admitted to the IBP; 4.remain members thereof in good standing; 5. been authorized topractice law in the Philippines. Membership in the bar is in thecategory of a mandate of public service of the highest order.Lawyers are oath-bound servants of society whose conduct areclearly circumscribed by the inflexible norms of law and ethics.Primary duty is to the advancement of the quest of truth andjustice. proper to assume and discharge the responsibilities of anattorney. 5. Has the privilege to set the judicial machinery inmotion. He can stand up for his right or the right of his clienteven in the face of a hostile court. He has the right to protest,in respectful language, any unwarranted treatment of a witness orany unjustified delay. The rights and privileges which they enjoyas officers of the court are necessary for the properadministration of justice as for the protection of attorney and hisclient. There can be no strong bar without courage ous and fearlessattorneys. As a man of law, his is necessarily a leader in thecommunity, looked up to as a model citizen. Integrity, ability, andlearning often makes him qualified to administer the ExecutiveDepartments or the Legislative bodies.

LEGALETHICSany judicial officer by an artifice or falsestatement of fact or law; To maintain inviolate the confidence, andat every peril to himself, to preserve the secrets of his client,and to accept no compensation in connection with his client'sbusiness except from him or with his knowledge and approval; Toabstain from all offensive personality and to advance no factprejudicial to the honor or reputation of a party or witness,unless required by the justice of the cause with which he ischarged; Not to encourage either the commencement or thecontinuance of an action or proceeding, or delay any man's cause,from any corrupt motive or interest; Never to reject, for anyconsideration personal to himself, the cause of the defenseless oroppressed; In the defense of a person accused of crime, by all fairand honorable means, regardless of his personal opinion as to theguilt of the accused, to present every defense that the lawpermits, to the end that no person may be deprived of life orliberty, but by due process of law. DUTIES OF A LAWYERtruthfulness, avoid encroachment in the business of other lawyers,uphold the honor of the profession. 3. Duties to the COURT respector defend against criticisms, uphold authority and dignity, obeyorder and processes, assist in the administration of justice. 4.Duties to the CLIENT entire devot ion to client s int er est.Public versus private and personal duties PUBLIC DUTY: o Obey thelaw. o Aid in the administration of justice. o Cooperate wheneverjustice is imperiled. PRIVATE DUTY: o Faithfully, honestly, andconscientiously represent the interest of his client. PERSONALDUTY, the obligation he owes to himself. Such classification ofpublic and personal results from the three-fold capacity in whichattorneys operate: o As a Faithful Assistant of the court in searchof just solution to disputes (Public Duty). o As a Trusted Agent ofhis client (Private Duty). o As a Self-employed Businessman(Personal Duty). Rules and ethics demand that an attorneysubordinate his personal and private duties to those which he owesto the court and to the public. Where his duties to his clientconflict with those he owes to the court and the public, the formermust yield to the latter. His obligations to his client takeprecedence over his duties to himself.5 2ff7e9595c