The practice of law encompasses any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of 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 (Cayetano v. Monsod, 201 SCRA 210).
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The practice of law encompasses any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of 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 (Cayetano v. Monsod, 201 SCRA 210).
Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173).
Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. (People vs. Villanueva, 14 SCRA 111)
Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.
It is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyer’s public responsibilities. (In re Edillion 84 SCRA 568)
The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen 31 SCRA 562).
The power of the Supreme Court to regulate the practice of law includes authority to:
1. define the term
2. prescribe the qualifications of a candidate to and the subjects of the bar examinations
3. decide who will be admitted to practice
4. discipline, suspend or disbar any unfit and unworthy member of the bar
5. reinstate any disbarred or indefinitely suspended attorney
6. ordain the integration of the Philippine Bar
7. punish for contempt any person for unauthorized practice of law and
8. in general, exercise overall supervision of the legal profession.
In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activities:
1. legal advice and instructions to clients to inform them of their rights and obligations
2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and
3. appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law. (Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993))
Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law:
1) Habituality
2) Compensation
3) Application of law, legal principle, practice, or procedure
4) Attorney-client relationship
There are instances when non-lawyers are authorized to appear in court and quasi-judicial bodies:
1. In cases before the Municipal Trial Court, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC).
2. Before any other court, a party may conduct his litigation personally (Ibid)
3. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is resident of the province, and of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC)
4. A senior law student, who is enrolled in a recognized law school’s clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school.
5. Under the Labor Code, non-lawyers may appear before the National Labor Relations Commission or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9).
7. Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138).
The appearance of non-lawyers are subject to the following limitations:
1. He should confine his work to non-adversary contentions.
2. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence.
3. His services should not be habitually rendered.
4. He should not charge or collect attorney’s fees (PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA 302)
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The practice of law encompasses any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of 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 (Cayetano v. Monsod, 201 SCRA 210).
Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173).
Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. (People vs. Villanueva, 14 SCRA 111)
Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.
It is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyer’s public responsibilities. (In re Edillion 84 SCRA 568)
The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen 31 SCRA 562).
The power of the Supreme Court to regulate the practice of law includes authority to:
1. define the term
2. prescribe the qualifications of a candidate to and the subjects of the bar examinations
3. decide who will be admitted to practice
4. discipline, suspend or disbar any unfit and unworthy member of the bar
5. reinstate any disbarred or indefinitely suspended attorney
6. ordain the integration of the Philippine Bar
7. punish for contempt any person for unauthorized practice of law and
8. in general, exercise overall supervision of the legal profession.
In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activities:
1. legal advice and instructions to clients to inform them of their rights and obligations
2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and
3. appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law. (Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993))
Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law:
1) Habituality
2) Compensation
3) Application of law, legal principle, practice, or procedure
4) Attorney-client relationship
There are instances when non-lawyers are authorized to appear in court and quasi-judicial bodies:
1. In cases before the Municipal Trial Court, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC). (See Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov. 29, 1983)
2. Before any other court, a party may conduct his litigation personally (Ibid)
3. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is resident of the province, and of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC)
4. A senior law student, who is enrolled in a recognized law school’s clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school.
5. Under the Labor Code, non-lawyers may appear before the National Labor Relations Commission or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9).
7. Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138).
The appearance of non-lawyers are subject to the following limitations:
1. He should confine his work to non-adversary contentions.
2. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence.
3. His services should not be habitually rendered.
4. He should not charge or collect attorney’s fees (PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA 302)
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The practice of law encompasses any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of 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 (Cayetano v. Monsod, 201 SCRA 210).
Generally, to engage in the practice is to do any of those acts which are characteristic of the legal profession (In re: David, 93 Phil. 46). It covers any activity, in or out of court, which requires the application of law, legal principles, practice or procedure and calls for legal knowledge, training and experience (PLA vs. Agrava, 105 Phil. 173).
Strictly speaking, the word practice of law implies the customary or habitual holding of oneself to the public as a lawyer and demanding compensation for his services. (People vs. Villanueva, 14 SCRA 111)
Private practice in more than an isolated appearance for it consist of frequent customary actions, a succession of acts of the same kind. An isolated appearance may, however, amount to practice in relation to the rule prohibiting some persons from engaging in the exercise of the legal profession.
It is not a property right but a mere privilege and as such must bow to the inherent regulatory power of the Court to exact compliance with the lawyer’s public responsibilities. (In re Edillion 84 SCRA 568)
The constitutional power to admit candidates to the legal profession is a judicial function and involves exercise of discretion (In re: Almacen 31 SCRA 562).
The power of the Supreme Court to regulate the practice of law includes authority to:
1. define the term
2. prescribe the qualifications of a candidate to and the subjects of the bar examinations
3. decide who will be admitted to practice
4. discipline, suspend or disbar any unfit and unworthy member of the bar
5. reinstate any disbarred or indefinitely suspended attorney
6. ordain the integration of the Philippine Bar
7. punish for contempt any person for unauthorized practice of law and
8. in general, exercise overall supervision of the legal profession.
In the practice of his profession, a licensed attorney-at-law generally engages in three principal types of professional activities:
1. legal advice and instructions to clients to inform them of their rights and obligations
2. preparation for clients of documents requiring knowledge of legal principles not possessed by ordinary layman; and
3. appearance for clients before public tribunals which possess power and authority to determine rights of life, liberty and property according to law, in order to assist in the proper interpretation and enforcement of law. (Ulep vs. Legal Clinic Inc. 223 SCRA 378 (1993))
Essential criteria enumerated by the C.A. as determinative of engaging in the practice of law:
1) Habituality
2) Compensation
3) Application of law, legal principle, practice, or procedure
4) Attorney-client relationship
There are instances when non-lawyers are authorized to appear in court and quasi-judicial bodies:
1. In cases before the Municipal Trial Court, a party may conduct his case or litigation in person, with the aid of an agent or friend appointed by him for that purpose (Sec. 34, Rule 138, RRC). (See Catimbuhan, et al. vs. Hon. Cruz, G.R. No. 51813-14, Nov. 29, 1983)
2. Before any other court, a party may conduct his litigation personally (Ibid)
3. In a criminal case before the MTC in a locality where a duly licensed member of the Bar is not available, the judge may appoint a non-lawyer who is resident of the province, and of good repute for probity and ability to aid the accused in his defense (Rule 116, Sec. 7, RRC)
4. A senior law student, who is enrolled in a recognized law school’s clinical education program approved by the Supreme Court may appear before any court without compensation, to represent indigent clients accepted by the Legal Clinic of the law school. The student shall be under the direct supervision and control of an IBP member duly accredited by the law school.
5. Under the Labor Code, non-lawyers may appear before the National Labor Relations Commission or any Labor Arbiter, if (1) they represent themselves, or if (2) they represent their organization or members thereof (Art. 222, PO 442, as amended).
6. Under the Cadastral Act, a non-lawyer can represent a claimant before the Cadastral Court (Act No. 2259, Sec. 9).
7. Any person appointed to appear for the government of the Phil. in accordance with law (Sec. 33 Rule 138).
The appearance of non-lawyers are subject to the following limitations:
1. He should confine his work to non-adversary contentions.
2. He should not undertake purely legal work, such as the examination or cross-examination of witnesses, or the presentation of evidence.
3. His services should not be habitually rendered.
4. He should not charge or collect attorney’s fees (PAFLU vs. Binalbagan Isabela Sugar Co. 42 SCRA 302)
The following public officials are prohibited from engaging in the private practice of law:
1. Judges and other officials as employees of a superior court (Rule 148, Sec. 35, RRC).
2. Officials and employees of the Office of the Solicitor-General (Ibid).
3. Government prosecutors (Peo v. Villanueva, 14 SCRA 109). But if permitted by their department head should only be in isolated cases involving relatives or close family friends.
4. President, Vice-President, members of the cabinet, their deputies and assistants (Art. VIII Sec. 15, 1987 Constitution).
5. Chairmen and Members of the Constitutional Commissions (Art. IX-A, Sec. 2, 1987 Constitution).
6. Ombudsman and his deputies (Art. IX, Sec. 8 (2nd par.), 1987 Constitution).
7. All governors, city and municipal mayors (R.A. No. 7160, Sec. 90).
8. Those who, by special law, are prohibited from engaging in the practice of their legal profession.
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