LAWYERS OATH

I _____ , do solemnly swear that I will maintain allegiance to the RP:

I will support and defend its Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein;

I will do no falsehood nor consent to its commission;

I will not wittingly or willingly promote or sue any groundless, false or unlawful suit nor give aid nor consent to
the same;

I will not delay any mans cause for money or malice and will conduct myself as a lawyer according to the best of
my knowledge and discretion with all good fidelity as well to the court as to my clients; and

I will impose upon myself this obligation voluntarily, without any mental reservation or purpose of evasion.

So help me God.

Counsel de parte:
An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.
Implies freedom of choice either on the attorney or the litigant

Counsel de oficio:
Attorney appointed by the court.
To defend an indigent defendant in a criminal action.
To represent a destitute party.

Attorney of record:
Attorney whose name, together with his address, is entered in the record of the case as the
designated counsel of the party litigant.
To whom judicial notices are sent.

Amicus Curiae is:
An experienced and impartial attorney invited by the court to appear and help in the disposition of issues
submitted to it.
It implies friendly intervention of counsel to call the attention of the court to some matters of law or facts
which might otherwise escape its notice and in regard to which it might go wrong.
Appears in court not to represent any particular party but only to assist the court.

Amicus Curiae par excellence bar associations who appear in court as amici curiae or friends of the court. Acts
merely as a consultant to guide the court in a doubtful question or issue pending before it.

Bar - refers to the legal profession.

Bench - refers to the judiciary.

Lawyer this is the general term for a person trained in the law and authorized to advice and represent
others in legal matters

Attorneys-At-Law that class of persons who are licensed officers of the courts empowered to appear, prosecute
and defend, and upon whom peculiar duties, responsibilities and liabilities are developed by law as a consequence.

Attorney in fact- simply an agent whose authority is strictly limited by the instrument appointing him. His
authority is provided in a special power of attorney or general power of attorney or letter of attorney. He is not
necessarily a lawyer.

Practicing Lawyer one engaged in the practice of law who by license are officers of the court and who are
empowered to appear, prosecute and defend a clients cause.

Trial Lawyer one who personally handles cases in court, administrative agencies of boards which mean
engaging in actual trial work, either for the prosecution or for the defense of cases of clients.

Client one who engages the services of a lawyer for legalad vice or for purposes of prosecuting or defending a
suit in behalf and usually for a fee.

Practice of law as a profession
The practice of law is a profession, a form of public trust, the performance of which is entrusted only to
those who are qualified to possess good moral character.
The legal profession is not a trade.
To render public service and secure justice to those who seek its aid.
It is not a business, using bargain counter methods to reap large profits.
The gaining of livelihood is not a profession, but a secondary consideration.
The Code of Professional Responsibility, particularly the ethical rule against advertising or solicitation of
professional employment, rests on the fundamental postulate that the practice of law is a profession.
Profession A calling requiring specialized knowledge and often requiring long academic preparation.
Infixing fees, remember that the profession is a branch of the administration of justice and not a mere
money-making trade
Law advocacy is not capital that yields profits.
A calling, unlike mercantile pursuits which enjoy a greater deal of freedom from government interference,
is impressed with public interest.
Attorney is also entitled to protection from the court against any attempt by his client to escape payment
of his just fees.
Client is also protected against exaction by his counsel of excessive fees.
Cayetano vs. Monsod Case
FACTS
Monsod was nominated by President Aquino to the position of Chairman of the COMELEC on April 25, 1991.
Cayetano opposed the nomination because allegedly Monsod does not possess the required qualification of having
been engaged in the practice of law for at least ten years. Challenging the validity of the confirmation by the
Commission on Appointments of Monsods nomination, petitioner filed a petition for Certiorari and Prohibition
praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on
Elections be declared null and void because Monsod did not meet the requirement of having practiced law for the
last ten years.
ISSUE:
Whether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC.
HELD:
The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice
of law when he: . . . for valuable consideration engages in the business of advising person, firms, associations or
corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings
pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted
by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in
the business of advising clients as to their rights under the law, or while so engaged performs any act or acts
either in court or outside of court for that purpose, is engaged in the practice of law.
Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar examinations of 1960 with a
grade of 86.55%. He has been a dues paying member of the Integrated Bar of the Philippines since its inception in
1972-73. He has also been paying his professional license fees as lawyer for more than ten years. Atty. Monsods
past work experiences as a lawyer-economist, a lawyer-manager, a lawyer-entrepreneur of industry, a lawyer-
negotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the
constitutional requirement that he has been engaged in the practice of law for at least ten years.