Notes for Legal Ethics (Sy 2012-13)
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Transcript of Notes for Legal Ethics (Sy 2012-13)
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7/29/2019 Notes for Legal Ethics (Sy 2012-13)
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CHAPTER I
INTRODUCTORY
Definitions
Need for, and right to counsel
Not being a lawyer, he is ignorant of the
substantive and procedural laws which are
applied to resolve disputes.
Thus, it has been held that even lawyers, who
are parties in a case, need the guiding hand of
counsel.
The need of a person for the assistance of
counsel is felt more urgently in a criminal than
any other proceeding against him where his life
or liberty and the comforts of his family are at
stake.
Any confession of the person or any document
signed by him expressly or impliedly admitting
the commission of the crime w/o having beenassisted by his lawyer is inadmissible in
evidence.
Left w/o the aid of counsel he may be convicted
not because he is guilty but because he does
not know how to establish his defense or
innocence.
w/o counsel, an accused may be put to trial w/o
a proper charge and convicted uponincompetent evidence or evidence irrelevant to
the issue or otherwise inadmissible.
Consequences of denial of right to counsel
Thus, regardless of whether or not the
extrajudicial confession of an accused is true, as
long as it was given w/o the assistance of the
counsel, it becomes inadmissible in evidence
although it was a product of the accuseds free
will and violation.
The right to counsel of an accused in criminal
cases is immutable, and has never been
considered subject to waiver.
It was later discovered that his counsel was not
really a lawyer, he was entitled to have his own
conviction set aside and a new trial undertaken.
Because of the incompetence, ignorance or
inexperience of counsel there was an error
committed which result thereof is of serious: re-
opening.
The party to a counsel has a right to a
competent and independent counsel of his
choice.
When appearance by counsel not obligatory
MTC: a party may conduct his litigation in
person or with the aid of an atty.
RTC & Appellate Courts: a party in a civil suit
may either conduct his litigation personally or
by atty. unless the party is a juridical person, in
w/c it may appear only by atty.
The rule that appearance by counsel is not
obligatory applies only in civil and
administrative cases.
CHAPTER II
ADMISSION TO PRACTICE
A. JUDICIAL CONTROL
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Admission to practice a judicial function
The power to admit applicant to the practice of
law is judicial in nature and involves the
exercise of judicial discretion.
The admission to the practice of law requires (a)
previously established rules and principles (b)
concrete facts, whether past or present,
affecting determinate individuals; and (c) a
decision as to whether the facts are governed
by rules and principles.
Legislative power to repeal, alter or
supplement
The legislature may, however, enact laws with
respect to first requisite for the admission to
the bar, namely, that there be previously
established rules and principles that applicants
to the bar should observe.
In the exercise of the police power, the
legislature may, however, regulate the practice
of law. Thus, it may enact a law declaring illegal
and punishable the unauthorized practice of
law.
Executive power in relation to practice
The Chief Executive cannot, by executive order,
admit a person to the practice of law nor can
he, by treaty with another country, modify the
rules concerning the admission to the bar.
Prescribing standards for law schools
The Commission on Higher Education, under
existing laws, exercises regulatory power over
private law schools.
SC incidental powers: (a) the fixing of minimum
standards of instruction for all law schools to
observe, (b) the setting up of the necessary
administrative machinery to determine the
compliance therewith, and (c) by way of
sanction, the refusal to admit to the bar
examination law graduates from any school
failing to meet those standards.
WHAT CONSTITUTES PRACTICR OF LAW
Practice of law, generally
The practice of law is incapable of exact
definition.
It embraces any activity, in or out of court, w/c
requires the application of law, legal principle,
practice or procedure and calls for knowledge,
training and experience.
Engaging in the practice of law presupposes the
existence of an attorney-client relationship.
Hence, where a lawyer undertakes an activity
which requires knowledge of law but involves
no atty. - client relationship, such as teaching
law or writing law books or legal articles, he
cannot be said to be engaged in the practice of
his profession as a lawyer.