Post on 07-Apr-2018
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Legal ProfessionLegal ProfessionLegal ProfessionLegal ProfessionDuties& Privileges of a LawyerDuties& Privileges of a LawyerDuties& Privileges of a LawyerDuties& Privileges of a Lawyer
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In a democratic society, where the right of
persons are determined in accordance with
laws and established principles, there is a
necessity for individuals to be acquaintedwith these laws in order that there will be an
orderly administration of justice. (Legal
Profession)
- Mel B. Libre
In a democratic society, where the right of
persons are determined in accordance with
laws and established principles, there is a
necessity for individuals to be acquaintedwith these laws in order that there will be an
orderly administration of justice. (Legal
Profession)
- Mel B. Libre
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Vests upon the lawyer the right & privilege
to practice law
Membership in the Bar is a privilege grantedby the State only to those deserving
individuals
The right to practice law is neither a naturalnor a constitutional right: Lawyers must
meet the special qualifications or it can be
revoked
Vests upon the lawyer the right & privilege
to practice law
Membership in the Bar is a privilege grantedby the State only to those deserving
individuals
The right to practice law is neither a naturalnor a constitutional right: Lawyers must
meet the special qualifications or it can be
revoked
Legal Profession PrivilegesLegal Profession PrivilegesLegal Profession PrivilegesLegal Profession Privileges
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Many aspire to become lawyers, yet, only a
few make it all the way to become lawyers.
-Mel b. Libre
Many aspire to become lawyers, yet, only a
few make it all the way to become lawyers.
-Mel b. Libre
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Four (4) Fold Duties ofFour (4) Fold Duties of
LawyersLawyers
Four (4) Fold Duties ofFour (4) Fold Duties of
LawyersLawyers
1) Duty towards the Courts
2) Duty towards Society
3) Duty towards his Colleagues in the
Profession
4) Duty towards the Clients
1) Duty towards the Courts
2) Duty towards Society
3) Duty towards his Colleagues in the
Profession
4) Duty towards the Clients
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DutyDutytowardstowards
the Courtsthe Courts
DutyDutytowardstowards
the Courtsthe CourtsAn officer of the Court
that assume one of the
most important fu
nctio
nsof the state i n the
maintenance of law and
order.
An officer of the Court
that assume one of the
most important fu
nctio
nsof the state i n the
maintenance of law and
order.
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Duty towards the CourtsDuty towards the CourtsDuty towards the CourtsDuty towards the Courts
Accountable to the Court for the manner by which he
discharges his duties. Thus subject to disciplinary control
Observe & maintain the respect due to the Bench as wellas to the Bar
Assist in the speedy & efficient administration of justice
Act with decency & politeness
Guardians of the due process of law and defend others
when they are subject to disrespectful, unfounded &
baseless personal attack
Punctual in attendance & be concise & direct in the trial
Accountable to the Court for the manner by which he
discharges his duties. Thus subject to disciplinary control
Observe & maintain the respect due to the Bench as wellas to the Bar
Assist in the speedy & efficient administration of justice
Act with decency & politeness
Guardians of the due process of law and defend others
when they are subject to disrespectful, unfounded &
baseless personal attack
Punctual in attendance & be concise & direct in the trial
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Duty towards SocietyDuty towards SocietyDuty towards SocietyDuty towards Society
Maintain allegiance to RP &
the constitution
NOT engage in unlawful,dishonest, or deceitful
conduct
NOT reject the defenseless
or the oppressed withoutvalid reason
Must be updated in legal
developments
Maintain allegiance to RP &
the constitution
NOT engage in unlawful,dishonest, or deceitful
conduct
NOT reject the defenseless
or the oppressed withoutvalid reason
Must be updated in legal
developments
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Duty towards hisDuty towards his
ColleaguesColleagues
Duty towards hisDuty towards his
ColleaguesColleagues
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Advance the honor of the profession byupholding integrity & dignity of the legal
profession through principles of moral laws
Involved & actively support the activities ofthe IBP
Prevent the unauthorized practice of law
Lawyers must conduct themselves
honorably, candidly & fairly
Advance the honor of the profession byupholding integrity & dignity of the legal
profession through principles of moral laws
Involved & actively support the activities ofthe IBP
Prevent the unauthorized practice of law
Lawyers must conduct themselves
honorably, candidly & fairly
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Duty towards ClientsDuty towards ClientsDuty towards ClientsDuty towards Clients
Primary Task: Represent a party litigant in court
Lawyer owes fidelity to the clients cause & must
always be mindful of the trust & confidence reposed inhim
To employ honorable means to secure for the client
what is justly due to the latter & present every defense
possible provided by law to enable the latters cause tosucceed.
Primary Task: Represent a party litigant in court
Lawyer owes fidelity to the clients cause & must
always be mindful of the trust & confidence reposed inhim
To employ honorable means to secure for the client
what is justly due to the latter & present every defense
possible provided by law to enable the latters cause tosucceed.
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In the Matter ofIn the Matter of
Disbarment ofDisbarment of
Telesforo A. DiaoTelesforo A. Diao
In the Matter ofIn the Matter of
Disbarment ofDisbarment of
Telesforo A. DiaoTelesforo A. Diao
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Facts: After successfully passing the
corresponding examinations held in 1953,
Telesforo A. Diao was admitted to the Bar.
However after 2 years he was charged with
falsely representing his application by stating
he was qualified when in fact he (1) did not
finish High School & (2) never attended lawschool.
Facts: After successfully passing the
corresponding examinations held in 1953,
Telesforo A. Diao was admitted to the Bar.
However after 2 years he was charged with
falsely representing his application by stating
he was qualified when in fact he (1) did not
finish High School & (2) never attended lawschool.
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Issue: Whether Telesforo A. Diao should beadmitted to the Bar?Issue: Whether Telesforo A. Diao should beadmitted to the Bar?
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Held: No, because he was not qualified totake the Bar exams in the first place, but was
allowed due to his false representation.
The fact that he hurdled the Bar examinations is immaterial. Passing such
examinations is not the only qualification to
become an attorney-at-law; taking the
prescribed courses of legal study in the
regular manner is equally essential.
Held: No, because he was not qualified totake the Bar exams in the first place, but was
allowed due to his false representation.
The fact that he hurdled the Bar examinations is immaterial. Passing such
examinations is not the only qualification to
become an attorney-at-law; taking the
prescribed courses of legal study in the
regular manner is equally essential.