University of San CarlosSchool of Law and Governance

College of Law

Midterm Group Activityfor

Legal Profession

Submitted to:

Atty. Amy Rose Soler-Rellin

Submitted by:

Alvarez, Gaena MarieBaccay, Jerico

Cole, Danica RoseCompra, ErleneJacobe, Lester

Montilla, MykahPalma, Jasmine Clarissa

Tan, Chunche

2. Fields of Law and the corresponding aptitudes, competencies, skills or qualities a lawyer should possess to succeed in each.

FIELDS OF LAW

COMPETENCIES, APTITUDES, SKILLS OR QUALITIES A LAWYER should possess to

succeed in each field.Criminal Law 1. Ability to diagnose and plan solutions for legal

criminal problems.2. High level of written and communication skills.

Sentence structure, chronological formation of events, multiple written forms, and reports are all a part of this field.

3. Analytical and Logical reasoning. The ability to interpret laws, reports, statistical information, and multiple forms and regulations is a high priority.

4. Interpersonal skills and leadership. Especially serving the client honestly, capably and responsibly.

5. Time Management6. Computer legal research

Practice in the Academe

1. Comprehensive legal knowledge and experience.

2. Legal Research. Researching legal concepts, case law, judicial opinions, statutes, regulations and other information and keep updated to conduct efficient and broad

discussion to students.3. Interpersonal skills. Cultivating relationships

with students, colleagues and other faculty members.

4. Communication skills. Being able to communicate clearly and effectively on paper or face-to-face with students and other faculty members.

5. Technological affinity.Labor Law  1. High-level of counseling, drafting and

negotiation skills. As lawyers will represent employers in matters such as unfair labor practices, arbitrations, and strike litigation.

2. Time management. 3. Communication skills. As lawyer will represent

employees on issues such as discrimination in hiring, wrongful discharge, breach of employment contract, etc.

4. Sensitivity to professional and ethical concerns. As lawyers will handle cases such as workplace libel and slander, employee right to privacy etc.

Legal Consultancy 

1. Ability to obtain and keep clients.2. Technological affinity. Advantage as an IT

consultant especially in developing legal software.

3. Interpersonal skills and teamwork. The ability to function in a multi-party work environment.

4. Time management. Law is demanding and hard work especially in a consulting business where different clients demands variety of needs.

5. Legal Research. Updates of the legal concepts, case law, judicial opinions, statutes, regulations and other information.

6. Top-notch organizational skills. The ability to sort, order and manage large volumes of exhibits, documents, files, evidence, data and other information.

TaxationAndCorporate Law 

1. Attention to detail. When lawyers draft contracts, a single word in the wrong place can change the emphasis of a clause and possibly the outcome for your client. A lawyer is expected to have a thorough, accurate and meticulous approach to their work.

2. Analytical and logical reasoning.3. Image is vital. Project a professional and

businesslike personal brand.4. Interpersonal skills. Any lawyer must be able

to communicate effectively with their client.5. Financial literacy is essential. Knowledge in

running a business, balancing a ledger, understanding tax principles, working with statistics and calculating profit margins are useful in this field.

6. Highly skilled in counseling. As it involves advising clients on the tax aspects of financing such as public and private offerings, equity stakes and other tax-oriented investments.

7. Technological affinity.Family Law  1. Must be skilled counselors and negotiators

whose success is often dependent upon their ability to demonstrate genuine concern and compassion for their clients and not to be judgmental.

2. Comprehensive legal knowledge and experience. Family law often involves trial work, and can overlap with many other areas of law such as tax and estate planning, real estate, corporate and finance, contract, and criminal.

3. Problem solving skills with good common sense, to find practical and commercial solutions.

4. Must be prepared, and not easily rattled by the unexpected granting the complexities of various cases in family law.

3. Determine whether the following public officials can practice law concurrent with their public posts. Supply the legal basis (legal provision) for each of your answer.

a. President, Vice-President, Members of the Cabinet, and their deputies or assistants

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not

allowed to practice.

b. Senators, Members of the House of Representatives

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not allowed to practice.

c. Members of the Constitutional Commission

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not allowed to practice.

d. Ombudsman and deputies

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not allowed to practice.

e. Judges and Justices

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not allowed to practice.

f. Retired Judges and Justices

Under Sec 35 of Rule 138 of the Rules of Court, Judges, officials or employees of the superior court are not allowed to practice.

g. Governors, City and Municipal Mayors

NO. Section 90 (a) of the Local Government Code provides that All governors, city and municipal mayors are prohibited from practicing their profession or engaging in any occupation other than the exercise of their functions as local chief executives.

h. Sanggunian Members

YES. Sec 90 (b) of LGC allows Sanggunian members to practice their profession provided that as members of

the bars they will not appear as counsel in a civil case against the government (90b1), appear as counsel for a government employee in a criminal case (90b2), collect appearance fee in administrative proceedings of his local government (90b3).

i. Office of the Solicitor General officials and employees

NO. Section 35 of Rule 138 of the Rules of Court states that no judge or other official or employee of the superior courts or of the Office of the Solicitor General, shall engage in private practice as a member of the bar or give professional advice to clients.

j. Government prosecutors

NO. They are among certain attorneys not allowed to practice under Section 35 of Rule 138 of the Rules of Courts.

4. Instances wherein non-lawyers are allowed to appear before the court or other tribunals:

Section 34 of Rule 138 of the Rules of Court:In the court of a justice of the peace a party may conduct his litigation in person, with the aid of an agent or friend appointed by him for that purpose, or with the aid of an attorney. In any other court, a party may conduct his litigation personally or by aid of an attorney, and his appearance must be either personal or by a duly authorized member of the bar.

Section 1 of Rule 138-A of the Rules of Court provides that a law student who has successfully completed his 3rd year of the regular four-year prescribed law curriculum and is enrolled in a recognized law school's clinical legal education program approved by the Supreme Court, may appear without compensation in any civil, criminal or administrative case before any trial court, tribunal, board or officer, to represent indigent clients accepted by the legal clinic of the law school.

Section 2 of the said Rule provides that the appearance of

the law student authorized by this rule, shall be under the direct supervision and control of a member of the Integrated Bar of the Philippines duly accredited by the law school. Any and all pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by the supervising attorney for and in behalf of the legal clinic.

Bar Matter 730 Circular No. 19: A law student may appear before an inferior court, where the issues and procedure are relatively simple. In inferior courts, a law student may appear in his personal capacity without the supervision of a lawyer.

II. The Firm, a 1993 film adapted from a John Grisham novel of the same title.

1. Identify 10 unethical, immoral or improper conduct of lawyers in the film.

1) Routinely altered financial documents.2) Accepted money illegally earned --- much of the profit

the firm received is from money laundering, drug smuggling, and its ties to the Chicago Mob.

3) Overcharge (overbilling) their clients for legal work.4) Involved in mail fraud.5) Worked with the Mob to cover up murders of any

attorney who tried to leave the firm or report the Bendini, Lambert, & Locke to the FBI

6) Sexual Infidelity7) Hiding evidences (documents that relates to the

murder of the lawyers murdered by the firm).8) Counsel or assist the client in conduct that the lawyer

knows to be illegal or fraudulent.9) Engaged in the conduct involving dishonesty, fraud,

deceit or misrepresentation (Only 30% of the firm’s clients are real people, some of the “companies” the firm invests in do not actually exist).

10)The home of the firm’s associates were wire-tapped and bugged to monitor the actions of its employees.

2. Choose 5 of the acts in the preceding instruction. How should the lawyer have done things differently?

Explain.

1) Routinely altered financial documents.

The lawyer should not have altered any of the financial documents because this is an act of dishonesty and greatly affects his credibility.

2) Overcharge (overbilling) their clients for legal work.

The lawyer should not have overcharged their clients because there is an appropriate and corresponding fee for legal work.

3) Sexual Infidelity

A lawyer must always uphold the dignity of his profession so he should not have engaged in such activities that would damage his credibility.

4) Engaged in the conduct involving dishonesty, fraud, deceit or misrepresentation.

The lawyer should have kept it in his mind that in the performance of his duties, acts of dishonesty, fraud, deceit or misrepresentation are negations to one’s credibility

5) Counsel or assist the client in conduct that the lawyer knows to be illegal or fraudulent.

As a lawyer, he should have guided his client in doing what is legal.

3. Is the film a realistic portrayal of the legal profession? Why or why not?

The film was based on a 1991 novel "The Firm” written by John Grisham. It could be realistic portrayal of the legal profession or it could not be a realistic portrayal of the legal profession, both of them have different reasons. It is realistic because sometimes it happens in the real world. In fact there are many cases involving

moral turpitude, justice, power, seduced by money and things, or other instances contrary to law which are present in the movie. Also men are susceptible to crimes related to legal profession, especially those country belonging to a "Third World,” where money can almost buy everything and people are very smart and can construct ideas whether it is for good or bad. It may be happening now in the current situation which is related to the movie. It can be unrealistic also because the movie was too extreme that the circumstances and the situations can be seen as impossible.