7/29/2019 Notes for Legal Ethics (Sy 2012-13)

1/2

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

7/29/2019 Notes for Legal Ethics (Sy 2012-13)

2/2

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.