1 FRATERNAL ORDER OF UTOPIA

FRATERNAL ORDER OF UTOPIA

CLASS OF 2006 LEGAL PROFESSION NOTES MIDTERMS

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Legal Profession PRACTICE OF LAW

PHILIPPINE LAWYERS ASSOCIATION V. AGRAVA W/N it is reasonable to hold that a member of the bar, because of his legal knowledge and training be allowed to practice before the Patent Office, without further examination of qualification. HELD: YES. Under the present law, members of the Philippine Bar authorized by this tribunal to practice law, and in good standing, may practice their profession before the Patent Office, for the reason that much of the business in said office involves the interpretation and determination of the scope and application of the Patent and other laws applicable, as well as the presentation of evidence to establish facts involved. WHAT IS THE DOCTRINE IN THIS CASE? The practice of law includes such appearance before the Patent Office, the representation of applicants, oppositors, and other persons, and the prosecution of their applications for patent, their oppositions thereto, or the enforcement of their rights in patent cases The practice of law is not limited to the conduct of cases or litigation in court.. where the work done involves the determination by the trained legal mind of the legal effect of facts and conditions.

PEOPLE V. VILLANUEVA W/N Fule as City Attorney can engage in private law practice, in aid of his relative, a victim of a crime. HELD: YES. Fules appearance in the case at bar does not constitute private law practice since he appears as a friend or relative of the offended party in a criminal case, which is allowed by law to protect the victims rights. WHAT IS THE DOCTRINE IN THIS CASE? The practice of law is more than an isolated appearance, for it consists in frequent or customary action, a succession of acts of the same kind; a frequent habitual exercise. The practice of law as customarily or habitually holding ones self out to the public, as a lawyer and demanding payment for such services, appearance as counsel on one occasion, is not conclusive as determinative of engagement in the private practice of law.

CAYETANO V. MONSOD W/N respondent satisfactorily achieved the requirement for the post of COMELEC chairman, which requires such position to be filled by someone engaged in the practice of law for ten consecutive years. HELD: YES. The practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. WHAT IS THE DOCTRINE IN THIS CASE?

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3 FRATERNAL ORDER OF UTOPIA To engage in the practice of law is to perform those acts which are characteristic of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill.

Dissent: Padilla: the practice of law refers to the actual performance or application of knowledge as distinguished from mere possession of knowledge; connotes an active, habitual, repeated or customary action. Guttierez, Jr.: the practice of law is an active and regular, not isolated, occasional, accidental, intermittent, incidental, seasonal or extemporaneous; to be engaged in an activity for ten years requires committed participation in something which is the result of ones decisive choice; one is occupied and involved in the enterprise; one is obliged or pledged to carry out with intent and attention during the ten-year period.

LAW AS A PROFESSION
IN RE: LUIS TAGORDA W/N respondent Tagorda should be disbarred for solicitation. HELD: NO. Though legal profession is not a business and such solicitation is indeed a ground for disbarment, the respondent accumulated the following mitigating circumstances: 1, his unawareness of the impropriety of his acts, 2, his youth and inexperience in the Bar, and 3, his promise not to commit a similar mistake in the future. Therefore, he was only suspended. WHAT IS THE DOCTRINE IN THIS CASE? The establishment of a well-merited reputation for professional capacity and fidelity to trust, such cannot be forced but must be the outcome of character and conduct. Solicitation of business by circulars or advertisements, or by personal communications or interviews not warranted by personal relations is unprofessional. It is unprofessional for a lawyer to volunteer advice to bring lawsuit, except in cases where ties of blood, relationship or trust makes it his duty to do so. Stirring up strife and litigation is not only unprofessional, but it is indictable at common law. Law is a profession not a business, the lawyer may not seek or obtain employment by himself or through others for to do so would be unprofessional.

IN RE: SYCIP, ETC. W/N partners in a law firm bearing a deceased partners name can continue to use such name in the law firms name. HELD: NO. A partnership for the practice of law is not a legal entity. It is a mere relationship or association for a particular purpose. It is not a partnership formed for the purpose of carrying out a trade or a business or of holding property. Thus, it has been stated that the use of a nom de plume, assumed or trade name in law is improper. WHAT IS THE DOCTRINE IN THIS CASE? The right to practice law is not a natural or constitutional right but it is in the nature of a privilege or franchise. It is limited to persons of good moral character with special qualifications duly - Page 3 -

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4 FRATERNAL ORDER OF UTOPIA ascertained and certified. The right does not only presuppose in its possessor integrity, legal standing, and attainment, but also the exercise of a special privilege, highly personal and partaking the nature of a public trust. It must be conceded that in the Philippines, no local custom permits or allows the continued use of a deceased or former partners name in the firm names of the law partnerships. Firm names, under out custom, identify the more active and/or senior members of the law firm.. the possibility of deception upon the public, real or consequential, where the name of a deceased partner continues to be used cannot be ruled out. The practice of law is intimately and peculiarly related to the administration of justice and should not be considered like an ordinary money making trade.

WHAT IS THE DIFFERENCE BETWEEN LAW AND A BUSINESS? Duty of public service, of which the emolument is a byproduct, and in which one may attain the highest eminence without making much money. A relations as an officer of court to the administration of justice involving through sincerity, integrity and reliability. A relation to clients in the highest degree of fiduciary A relation to colleagues at the bar characterized by candor, fairness, and unwillingness to resort to current business methods of advertising and encroachment on their practice, or dealing directly with clients.

THE INTEGRATED BAR OF THE PHILIPPINES

JAVELLANA V. DILG W/N the allowing of public officers to privately practice law is valid in the case at bar. HELD: NO. The Local Government Code provides that public officials can still practice their profession so long as it is not on session hours, however, they may not appear as counsel before any court in any civil case wherein a local government unit or the Government is the adverse party, or in any criminal case wherein an officer or employee of the Government is accused of an offense committed in relation to his office, so as not to conflict their interests. IN RE: INTEGRATED BAR OF THE PHILIPPINES W/N the courts have the power to integrate the Philippine Bar, and as such whether such integration is constitutional. HELD: YES. The courts have the inherent power to supervise and regulate the practice of law as provided for by Art. 8, Sec. 5(5) of the Philippine Constitution. WHAT IS THE MEANING OF THE INTEGRATION OF THE BAR? Integration of the Philippine Bar means the official unification of the entire lawyer population of the Philippines. This requires membership and financial support of every attorney as conditions sine qua non to the practice of law and the retention of his name in the Roll of Attorneys of the Supreme Court. IN RE: MARCIAL EDILLON

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5 FRATERNAL ORDER OF UTOPIA W/N the collection of membership fees by the IBP is constitutional and as such respondent should be disbarred for the stubborn non-payment thereof. HELD: YES. All legislation directing the integration of the Bar are valid exercise of the police power over an important profession. The requirement to pay membership fees is imposed as a regulatory measure designed to raise funds for carrying out the objectives and purposes of integration. IN RE: CUNANAN W/N the Bar Flunkers Act, a bill to regulate the acceptance into the practice of law is constitutional. HELD: NO. The Supreme Court holds the sole power with regard to the admission to the practice of law, as provided for in Art. 8, Sec. 5(5) of the Philippine Constitution. WHAT IS THE DOCTRINE IN THIS CASE? Judicial of law: function with regard to the admission, suspension, disbarment and reinstatement into the practice previously established rules and regulations concrete facts, whether past or present, affecting determinate individuals. decisions as to whether these facts are governed by the rules and principles

Rule 138 Attorneys and Admission to the Bar

Sec. 1 WHO MAY PRACTICE TO LAW Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in accordance with the provisions of this rule, and who is in good and regular standing is entitled to practice law. Sec. 2 REQUIREMENTS OF ALL APPLICANTS Every applicant for admission as a member of the bar must be a citizen of the Philippines, at least twenty-one years of age, of good moral character, and a resident of the Philippines; and must produce before the Supreme Court satisfactory evidence of good moral character, and that no charges against him involving moral turpitude, have been filed or are pending in any court of the Philippines.
WHAT ARE THE REQUIREMENTS FOR APPLICANTS FOR ADMISSION TO THE BAR? Filipino citizen 21 years of age Good moral character: must show satisfactory evidence in the Supreme Court in the form of recommendation letters from respected members of the Bar or administrators of the school where the applicant graduated from. Philippine resident No charges against him of a crime involving moral turpitude.

Sec. 3 REQUIREMENTS FOR LAWYERS WHO ARE CITIZENS OF THE UNITED OF STATES OF AMERICA. Citizens of the United States of America who before July 4, 1946, were duly licensed members of the Philippine Bar, in active practice in the courts of the Philippines and in
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good regular standing as such may upon satisfactorily proof of these facts before the Supreme Court, be allowed to continue such practice after taking the following oath of office.. Sec. 4 REQUIREMENTS FOR APPLICANTS FROM OTHER JURISDICTION Applicants for admission who, being Filipino citizens, are enrolled attorneys in good standing in the Supreme Court of the United States or in any circuit court of appeals or district court therein, or in the highest court of any State or Territory of the United States, and who can show by satisfactory certificates that they have practiced at least five years in any of said courts, that such practice began before July 4, 1946 and that they have never been suspended or disbarred, may in the discretion of the court, be admitted without examination.
IN RE: QUISUMBING Ramon Quisumbing did not meet the requirement of Rule 138. He admits that he did not satisfy the requirement that practice in the foreign jurisdiction must begin before 4 July, 1946. However, he insists that he should nevertheless, in discretion of the court, be admitted without examination. The correct interpretation of the Section is that discretion to admit to the bar may be exercised only after the applicant has completed all the requirements. There is at present no Philippine rule authorizing the admission to the Philippine Bar on the basis of reciprocity or comity. The Rules of Court promulgated by the Supreme Court, which was given the sole power by the 1987 Constitution to promulgate rules concerning admission to the bar, makes no provision regarding admission to the bar on the basis of reciprocity. Section 4 is the limited application of reciprocity, and since the applicant did not meet the conditions he cannot claim the benefits under such rule In Re: Shoop is no longer controlling In Re: Shoop is no longer a binding precent. The cases was decided under the old Rules of Court for the Examination of Candidates for the admission to the practice of law, which has been superseded by the 1964 Rules of Court. The Court in similar applications, denied admission to law practice by Filipino citizens who obtained their law degrees abroad and required them to take the bar examinations. IN RE: RAMON QUISUMBING (PETITION TO TAKE THE 1989 BAR EXAMINATIONS) HELD: It appears that the petitioner is of good moral character, a Filipino citizen and a resident of the Philippines, against whom, no charges involving moral turpitude or otherwise had been filed in any court in the Philippines or elsewhere. The petitioner has obtained a juris doctorem granted in Georgetown University in 1979, and has taken and passed the Bar examinations in the District of Columbia and the State of Virginia, and has been admitted to the practice of law in the Untied States and in 8 other jurisdictions and courts in the United States. The court therefore grants the petition to permit Ramon Quisumbing to take the Bar Examinations.

Sec. 5 ADDITIONAL REQUIREMENTS FOR OTHER APPLICANTS All applicants for admission other than those referred to in the two preceding sections shall, before being admitted to the examination, satisfactorily show that they have regularly studied law for four years and successfully completed all prescribed course, in a law school or university, officially approved and recognized by the Secretary of Education. The
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affidavit of the candidate, accompanied by a certificate from the university or school of law, shall be filed as evidence of such facts, and further evidence may be required by the court. No applicant shall be admitted to the bar examinations unless he has satisfactorily completed the following courses in a law school or university duly recognized by the government: Civil Law, Commercial Law, Remedial Law, Criminal Law, Public and Private International Law, Political Law, Labor and Social Legislation, Medical Jurisprudence, Taxation and Legal Ethics.
WHAT ARE ADDITIONAL REQUIREMENTS FOR ADMISSION TO THE BAR EXAMS? 1. 2. Regularly studied law for 4 years Completed all prescribed courses in a law school or university officially approved and recognized by the Secretary of Education: An affidavit of the candidate and certification of the university will be filed to the court to establish such facts. Other evidence as may be required by the Court. The following courses must be satisfactorily completed: Civil law Commercial law Criminal law Public and private international law Political law Labor and social legislation Medical jurisprudence Taxation Legal ethics

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Sec. 6 PRE-LAW No applicant for admission to the bar examination shall be admitted unless he presents a certificate that he has satisfied the Secretary of Education that, before he began the study of law, he had pursued and satisfactorily completed in an authorized university or college, requiring for admission thereto the completion of a four-year high school course, the course of study prescribed therein for a bachelors degree in arts or sciences with any of the following subjects as major or field of concentration: political science, logic, English, Spanish, history and economics. Sec. 7 TIME FOR FILING PROOF OF QUALIFICATIONS All applicants for admission shall file with the clerk of the Supreme Court the evidence required by Section 2 of this rule at least fifteen days before the beginning of the examination. If not, embraced within the same period the affidavit and certificate required by Sec. 5, and if embraced within section 3 and 4 they shall exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked and certificates as to their professional standing. Applicants shall also file at the same time their own affidavits as to their age, residence and citizenship.
WHAT IS THE REQUIREMENT IN THIS SECTION?

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8 FRATERNAL ORDER OF UTOPIA That evidence required are to be filed with the clerk of the Supreme Court within 15 days before the beginning of the examination. WHAT ARE THE EVIDENCE TO BE FILED? Under Section 2 and covered by Sections 3 and 4: Satisfactory evidence of good moral character and that no changes against him involving moral turpitude have been filed or are pending in any court in the Philippines. Affidavit of the candidate and the University or School of Law that would satisfactorily show that they have regularly studied law for four years, and successfully completed all prescribed courses, in a law school or university, officially approved and recognized by the Secretary of Education. Other evidence that may be required by the Court Affidavit of citizenship, residence and age. Under Section 2 and embraced in Sections 3 and 4: Satisfactory evidence of good moral character and that no changes against him involving moral turpitude have been filed or are pending in any court in the Philippines. Exhibit a license evidencing the fact of their admission to practice, satisfactory evidence that the same has not been revoked, and the certificates as to their professional standing. Affidavit of citizenship, residence and age. IN RE: ARGOSINO (PETITION FOR ADMISSION TO THE BAR AND OATH-TAKING OF SUCCESSFUL BAR APPLICANT) In 04 February 1992, Argosino was charged with homicide in connection with the death of Raul Camaligan on 08 September 1991 due to hazing. He plea bargained and the charge was lessened to homicide through reckless imprudence which was a lesser offense. In 11 February 1993, he was sentenced to suffer imprisonment for a period ranging from 2 years 4 months and 1 day to 4 years. On 18 June 1993, his application for probation was granted by the Regional Trial Court which was set for 2 years. On 13 July 1993, Argosino filed a petition for admission to take the 1993 Bar Examinations where he disclosed his criminal conviction and then probation status. The Court allowed him to take the exam, in a resolution dated 14 August 1993. He passed the Bar, but was not allowed to take the lawyers oath. 15 April 1994, Argosino filed a petition with the Court to allow him to take attorneys oath since his probation was terminated by virtue of an order by the Regional Trial Court dated 11 April 1994. HELD: Argosino cannot take the lawyers oath and be admitted to the Bar. The practice of law is no natural, absolute or constitutional right to be granted to everyone who demands it. Rather, it is a high personal privilege limited to citizens of good moral character. In re: Farmer, upright character is more than an absence of bad character. It is the good name that the applicant has acquired, or should have acquired, through associations with his fellows. It means that he must have conducted himself as a man of upright character ordinarily would. A lawyer is sought as a counselor and comes home to everymans fireside Vast interests are committed to a lawyers care, and he is the recipient to unbound trust and confidence He is a sworn officer of the court and must aid in the administration of justice In re: Kauffman, the highest degree of scrutiny must be exercised as to the moral character of a candidate who presents himself for admission to the Bar. The evil must, if possible, be successfully met at its very source and prevented.

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9 FRATERNAL ORDER OF UTOPIA In re: Keenan, the right to practice law is a peculiar privilege granted and continued only to those who demonstrate special fitness in intellectual attainment and in moral character. In re: Rouss, membership in the Bar is a privilege burdened with conditions, and a fair private and professional character is one of them; to refuse admission to an unworthy applicant is not to punish him for a past offense, an examination of character, is merely a test of fitness. In Cobb v. Judge Superior Court, lawyers are required to be of good moral character, so that agents and officers of the Court, which they are, may not bring to discredit upon due administration of the law and it is of the highest possible consequence that both those who have not such qualifications in the first instance, or who, having had them, have fallen therefrom, shall not be permitted to appar in courts to aid in the administration of justice. It is also important to have a good legal education. Argosinos participation in the deplorable hazing activities fell short of the required standard of good moral character. Deliberate infliction of severe physical injuries indicated serious character flaws on Argosino. The requirement of good moral character is not only a requirement for permission to take the bar examinations but also a requirement to take the lawyers oath. Certification should be issued by members of the Bar who have actually known the petitioner because they presumed to be of good moral character, as evidence to be submitted by the petitioner to show compliance with the good moral character requirement. He should also show evidence that he is now a different person.

Sec. 8 NOTICE OF APPLICATION Notice of applications for admission shall be published by the clerk of the Supreme Court in newspapers published in Pilipino, English, and Spanish, for at least ten days before the beginning of the examination.
WHAT IS THE PURPOSE OF THE PUBLICATION? The purpose of the publication is to allow people to object to the acceptance of an applicant to take the Bar examinations and to inform those who were denied permission to take the Bar examinations.

Sec. 9 EXAMINATION SUBJECTS Applicants not otherwise provided for in sections 3 and 4 of this rule, shall be subjected to examinations in the following subjects: Civil Law, Labor and Social Legislation, Mercantile Law, Criminal Law, Political Law (Constitutional Law, Public Corporations and Public Officers), International Law (Private and Public), Taxation, Remedial Law (Civil Procedure, Criminal Procedure, Evidence), Legal Ethics and Practical Exercises (in Pleading and Convenyancing) Sec. 10. BAR EXAMINATIONS BY QUESTIONS AND ANSWERS AND IN WRITING Persons taking the examination shall not bring papers, books or notes into the examination rooms. The questions shall be the same for all examinees and a copy thereof in English, or Spanish shall be given to each examinee. Examinees shall answer the questions personally without help from anyone. Upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may
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allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used. The committee of bar examiners shall take such precautions as are necessary to prevent the substitution of papers of commission of other frauds. Examinees shall not place their names on the examination papers. No oral examination shall be given.
WHAT IS THE COMPROMISE GIVEN TO A BLIND APPLICANT? In case a blind applicant wishes to take the Bar, he will be provided with a stenographer who will record his answers to the questions read out to him by a person assigned to do so. WHAT ABOUT THOSE WITH POOR PENMANSHIP? The Supreme Court will probably ask for a sample of the handwriting if an applicant requesting for the use of the typewriter in order to decided whether or not to grant such request.

Sec. 11 ANNUAL EXAMINATION Examinations for admission to the bar of the Philippines shall take place annually in the City of Manila. They shall be held in four days to be designated by the chairman of the committee on bar examiners. The subjects shall be distributed as follows: first day: Political and International Law (morning) and Labor and Social Legislation (afternoon), second day: Civil Law (morning) and Taxation (afternoon), third day: Mercantile Law (morning) and Criminal Law (afternoon), fourth day: Remedial Law (morning) and Legal Ethics and Practical Exercises (afternoon)
WHAT IS THE SCHEDULE OF THE BAR EXAMINATIONS? First Sunday: Second Sunday: Third Sunday: Fourth Sunday: Morning Afternoon Morning Afternoon Morning Afternoon Morning Afternoon Political and International Law (15%) Labor and Social Legislation (10%) Civil Law (15%) Taxation (10%) Mercantile Law (15%) Criminal Law (10%) Remedial Law (20%) Legal Ethics and Practical Exercises (5%)

Sec. 12 COMMITTEE OF EXAMINERS Examinations shall be conducted by a committee of bar examiners to be composed of a Justice of the Supreme Court, who shall act as chairman, and who shall be designated by the court to serve for one year, and eight members of the bar of the Philippines, who shall hold office for a period of one year. The names of the members of the this committee shall be published in each volume of the official reports.
WHAT IS THE COMPOSITION AND FUNCTION OF THE COMMITTEE OF EXAMINERS? LEGAL PROFESSION REVIEWER WWW.UTOPIANLAW.ORG - Page 10 -

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Each of the eight members of the committee is in charge of one subject for the exams and they are tasked in making the questions and checking the answers. They are paid per booklet that they check. The chairman may add his own questions to those of the member who is in charge of the subject

Sec. 13 DISCIPLINARY MEASURES No candidate shall endeavor to influence any member of the committee and during examination the candidates shall not communicate with each other nor shall they give or receive any assistance. The candidate who violates this provision, or any other provision of this rule shall be barred from the examination, and the same to count as a failure against him, and further disciplinary action, including permanent disqualification, may be taken in the discretion of the court.
WHAT ACTIONS ARE PROHIBITED? Influencing a member of the committee Communicating during an examination Receiving or giving assistance during the examination

WHAT DISCIPLINARY MEASURES MAY BE TAKEN? Barred from the examinations which would count as a failure Further disciplinary action may be taken by the Court including permanent disqualification.

Sec. 14 PASSING AVERAGE In order that a candidate may be deemed to have passed his examinations successfully, he must have obtained a general average of 75 per cent in all subjects, without falling below 50 per cent in any subject. In determining the average, the subjects in the examination shall be given the following relative weights: Civil Law, 15 per cent; Labor and Social Legislation, 10 per cent; Mercantile Law, 15 per cent; Criminal Law, 10 per cent; Political and International Law, 15 per cent; Taxation, 10 per cent; Remedial Law, 20 per cent; Legal Ethics and Practical Exercises, 5 per cent.
WHAT IS THE REQUIRED PASSING AVERAGE FOR THE BAR EXAMINATIONS? To pass the Bar examinations, one must have a total cumulative average of 75% given the weights per subject, but one cannot have a grade lower than 50% in any of the individual subjects.

Sec. 15 REPORT OF THE COMMITTEE, FILING OF EXAMINATION PAPERS Not later than February 15th after the examination, or as soon thereafter as may be practicable, the committee shall file its report on the result of such examination. The examination papers and notes of the committee shall be filed with the clerk and may there be examined by the parties in interest, after the court has approved the report.
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12 FRATERNAL ORDER OF UTOPIA If an examinee wishes to check his papers then he may go to the clerk of court and request for his exam results but only after the court has approved the report.

Sec. 16 FAILING CANDIDATES TO TAKE REVIEW COURSE Candidates who have failed the bar examinations for three times shall be disqualified from taking another examination unless they show to the satisfaction of the court that they have enrolled in and passed regular fourth year review classes as well as attended a pre-bar review course in a recognized law school. The professors of the individual review subjects attended by the candidates under this rule shall certify under oath that the candidates have regularly attended classes and passed the subjects under the same conditions as ordinary students and the ratings obtained by them in the particular subject. AFTER SUCCESSFULLY PASSING THE BAR EXAMINATIONS Sec. 17 ADMISSION AND OATH OF SUCCESSFUL APPLICANTS An applicant who has passed the required examination, or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office. Sec. 18 CERTIFICATE The Supreme Court shall thereupon admit the applicant as a member of the bar for all the courts of the Philippines, and shall direct an order to be entered to that affect upon its record and that a certificate of such record be given to him by the clerk of court, which certificate shall be his authority to practice. Sec. 19 ATTORNEYS ON ROLL The clerk of court of the Supreme Court shall keep a roll of all attorneys admitted to practice, which roll shall be signed by the person admitted when he receives his certificate.
DUTIES OF ATTORNEYS

Sec. 20. DUTIES OF ATTORNEYS It is the duty of an attorney: To maintain allegiance to the Republic of the Philippines and to support the Constitution and obey the laws of the Philippines; To observe and maintain the respect due to the courts of justice and judicial officers; To counsel or maintain such actions or proceedings only as to appear him to be just, and such defenses only as he believes to be honestly debatable under the law; To employ, for the purpose of maintaining the causes confided to him, such means only as consistent with truth and honor, and never seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law; To maintain inviolate the confidence, and to accept no compensation in connection with his clients business except from him or with his knowledge and approval;

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To abstain from all offensive personality and to advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which he is charged; Not to encourage either the commencement or the continuance of an action or proceeding, or delay any mans cause, from any corrupt motive or interest; Never to reject, for any consideration personal to himself, the cause of the defenseless or oppressed; In the defense of a person accused of a crime, by all fair and honorable means, regardless of his personal opinion as to the guilt of the accuses, to present every defense that the law permits, to the end that no person may be deprived of life or liberty, but by due process of law.

Sec. 21 AUTHORITY OF ATTORNEY TO APPEAR An attorney is presumed to be properly authorized to represent any cause in which he appears, and no written power of attorney is required to authorize him to appear in court for his client, but the presiding justice may, on motion of either party and on reasonable grounds therefore being shown, require any attorney who assumes the right to appear in a case to produce or prove the authority under which, he appears, and to disclose, whenever pertinent to any issue, the name of the person who employed him, and may thereupon make such order as justice requires. An attorney willfully appearing in court for a person without being employed, unless by leave of court, may be punished for contempt as an officer of the court who has misbehaved in his official transactions. Sec. 23 ATHORTITY OF ATTORNEYS TO BIND CLIENTS Attorneys have authority to bind their clients in any case by agreement in relation thereto made in writing and in taking appeals, and in all matters of ordinary judicial procedure. But they cannot, without special authority, compromise their clients litigation, or receive anything in discharge of their clients claim but the full amount in case. COMPENSATION OF ATTORNEYS Sec. 24 COMPENSATION OF ATTORNEYS; AGREEMENTS AS TO FEES An attorney shall be entitled to have and recover from his client no more than a reasonable compensation for his services with a view to the importance of the subject matter of the controversy, the extent of services rendered, and the professional standing of the attorney. No court shall be bound by the opinion of attorneys as expert witnesses as to the proper compensation, but may disregard such testimony and base its conclusion on its own professional knowledge. A written contract for services shall control the amount to be paid therefor unless found by the courts to unconscionable or unreasonable. Sec. 25 UNLAWFUL RETENTION OF CLIENTS FUNDS; CONTEMPT When an attorney unjustly retains in his hands money of his client after it has been demanded, he may be punished for contempt as an officer of the court who has misbehaved in his official transactions; but proceedings under this section shall not be a bar to criminal prosecution. Sec. 26 CHANGE OF ATTORNEYS An attorney must retire at any time from any action or special proceeding, by the written consent of his client filed in court. He may also retire at any time from an action or special proceeding, without the consent of his client, should the court, on notice to the client and
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attorney, and on hearing, determine that he ought to be allowed to retire. In case of substitution, the name of the attorney newly employed shall be entered on the docket of the court in place of the former one, and written notice of the change shall be given to the adverse party. A client may at any time dismiss his attorney or substitute another in his place, but if the contract between client and attorney has been reduced to writing, and the dismissal of the attorney was without justifiable cause, he shall be entitled to recover from the client the full compensation stipulated in the contract. However, the attorney may, in the discretion of the court, intervene in the case to protect his rights. For the payment of his compensation the attorney shall have a lien upon all judgments for the payment of money and executions issued in pursuance of such judgment, rendered in the case where in his services has been retained by the client.
IS THERE A WRITTEN AUTHORIZATION REQUIRED FOR AN ATTORNEY TO REPRESENT A CLIENT? NO. The written authorization is required only in compromise agreements, so as not to undergo litigation. WHAT ARE THE WAYS BY WHICH AN ATTORNEYS SERVICES MAY BE TERMINATED? When a client, in a written statement, terminates the services of an attorney: if there is no justifiable cause, then the attorney is entitled to the full compensation stipulated in the contract and is entitled to liens from the damages awarded, but only if there is a written contract. Attorney relieves himself from the case.

RULE 138A LAW STUDENT PRACTICE RULE

Sec. 1 CONDITION FOR STUDENT PRACTICE 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 schools 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.
WHAT ARE THE REQUIREMENTS FOR A LAW STUDENT TO PRACTICE? Must have completed 3 years of the regular 4 year curriculum Enrolled in a law schools clinical legal education program authorized by the Supreme Court Must be representing an indigent client accepted by the legal clinic He must be under the direct supervision of a member of the Integrated Bar accredited by the law school.

Sec. 2 APPEARANCE 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.
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15 FRATERNAL ORDER OF UTOPIA

Sec. 3 PRIVILEGED COMMUNICATIONS The rules safeguarding privileged communications between attorney and client shall apply to similar communications made to or received by the law students, acting for the legal clinic. Sec. 4 STANDARD OF CONDUCT AND SUPERVISION The law student shall comply with the standards of professional conduct governing members of the Bar. Failure of an attorney to provide adequate supervision of student practice may be ground for disciplinary action. (Circular No. 19, dated 19 December 1986).
WHO IS LIABLE IN CASES THE STANDARDS OF PROFESSIONAL CONDUCT ARE BREACHED? The law student will be treated just like any other lawyer, however if the supervising lawyer accredited by the law school fails to provide adequate supervision, then the Court may discipline the supervising attorney.

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