LEGAL PROFESSION

I. Introduction A. Legal Profession - is a branch of the administration of justice whose main purpose is to aid in the doing of justice according to law between state and the individual and between man and man. - is affected with public interest. - paramount concern is to obtain justice in the most efficient and effective manner. - vital element in nation building (there is no progress in a country without a rule of law) Paramount highest, chief B. Legal Profession as a Subject: - introduces to a law student the ethical and moral objectives of a law to the court, to his client, to his colleagues in the bar and to the society. C. Nature of an Attorney - advocate or counsel - one who aids in the administration of justice - class of person who are by license constituted officers of the courts of justice, and empower to appear and prosecute and/or defend someone and whom peculiar duties, responsibilities & liabilities are devoted by law in consequence. - officer of the court Advocate - is someone who speaks on behalf of another person, especially in a legal context D. Brief History of Legal Education - formally began with establishment of faculty of Civil Law and U.S.T. in 1733 - 1910: U.P. College of Law opened with 50 Filipino and American Students - 1964: R.A. 3876 created U.P. Law Center for conducting continuing legal education programs, legal research and publications. - 1993: R.A. 7662 (Legal Education Act) emphasizes on advocacy, legal counseling, ethics, quality of law school, law curriculum, etc. Sources of Philippine Legal Education: 1. Spain (Roman Civil Law and Canon Law) Canon law - is the body of laws and regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members.

Ecclesiastical jurisdiction

- in its primary sense does not signify jurisdiction over ecclesiastics ("church leadership"), but jurisdiction exercised by church leaders over other leaders and over the laity 2. US (English Cannon Law) Canon Law, the Canon law of the Catholic Church, - is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. 3. Indo Malayan Influence (Islamic Law) The Sharia (literally "the path leading to the watering place") - is Islamic law formed by traditional Islamic scholarship, which most Muslim groups adhere to. In Islam, Sharia is the expression of the divine will, and "constitutes a system of duties that are incumbent upon a Muslim by virtue of his religious belief3 4. Code of Kalantiao The Code of Kalantiaw was a mythical legal code in the epic story Maragtas. It is said to have been written in 1433 by Datu Kalantiaw, a chief on the island of Negros in the Philippines. It was actually written in 1913 by Jose E. Marco as a part of his historical fiction Las antiguas leyendas de la Isla de Negros (Spanish, "The Ancient Legends of the Island of Negros"), which he attributed to a priest named Jose Maria Pavon. SAMPLE: CODE OF KALANTIAW ARTICLE I You shall not kill, neither shall you steal, neither shall you do harm to the aged, lest you incur the danger of death. All those who infringe this order shall be condemned to death by being drowned in the river, or in boiling water. ARTICLE II You shall obey. Let all your debts with the headman be met punctually. He who does not obey shall receive for the first time one hundred lashes. If the debt is large, he shall be condemned to thrust his hand in boiling water thrice. For the second time, he shall be beaten to death. II. Nature of Legal Profession A. Practice of law is Profession - refers to a group of men/women pursuing a learned art as a common calling in the spirit of public service. - differs from a trade or business - gaining profits is merely incidental - a form of public trust, the performance of which is entrusted only to those who are qualified and who possess good moral character Good Moral Character - mean character that measures up to the standards of average citizens of the community where you live - including at least common honesty. A lawyer is expected at all times to uphold the integrity and dignity of the legal profession by faithfully

performing his duties to society, to the bar, to the courts of justice and to his clients Business - Goods and services are exchanged for one another or money, on the basis of their perceived worth. B. Ideas Involved in a Profession 1. Organization - Is a social group which distributes task for collective goal. - An association of persons practicing the profession of law formed and maintained to promote and spirit of that profession - IBP The Integrated Bar of the Philippines (IBP) is the national organization of lawyers in the Philippines. It is the mandatory bar association for Filipino lawyers.

History The IBP was established as an official organization for the legal profession by Republic Act No. 6397. The law confirmed the constitutional power of the Philippine Supreme Court to adopt rules for the integration of the Philippine Bar. Consequently, Presidential Decree 181 constituted the IBP into a corporate body in 1973. On January 9, 1973, the Supreme Court ordained the integration of the Philippine Bar.[1] The IBP Constitution and By-Laws shortly followed.[2] Then recently-retired Supreme Court Associate Justice J.B.L. Reyes was named as the first Chairman of the IBP in 1973. He served in that capacity until 1975, and was the Chairman emeritus for the remainder of his life. Reyes had been a longtime proponent of bar integration in the Philippines.

Membership The IBP Constitution and By-Laws considers the following, "automatically and without exception," as members of the IBP:[5] - All lawyers whose names were in the Roll of Attorneys of the Supreme Court on January 16, 1973. - All lawyers whose names were included or are entered therein after the said date.

There are currently about forty-thousand (40,000) living attorneys who comprise the IBP.[6] These are the attorneys whose names appear in the Rolls of Attorneys of the Supreme Court. They have qualified for and have passed the Philippine Bar Examination conducted annually, and have taken the attorneys oath, unless otherwise disbarred. Membership in the IBP is compulsory for all lawyers in the country. The Philippine Supreme Court has required all lawyers to indicate their Roll of Attorneys Number in all papers and pleadings filed in judicial and quasi-judicial bodies in additional to the previously required current Professional Tax Receipt (PTR) and IBP Official Receipt or Life Member Number. REPUBLIC ACT NO. 6397 AN ACT PROVIDING FOR THE INTEGRATION OF THE PHILIPPINE BAR AND APPROPRIATING FUNDS THEREFOR. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Within two years from the approval of this Act, the Supreme Court may adopt rules of court to effect the integration of the Philippine Bar under such conditions as it shall see fit in order to raise the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively. Sec. 2. The sum of five hundred thousand pesos is hereby appropriated, out of any funds in the National Treasury not otherwise appropriated, to carry out the purposes of this Act. Thereafter, such sums as may be necessary for the same purpose shall be included in the annual appropriations for the Supreme Court. Sec. 3. This Act shall take effect upon its approval. 2. Learning - Acquiring new or modifying existing knowledge 3. Spirit of Public Service - Every profession aims at the exercise of powers beneficial to mankind - Perquisite of a sound administration of justice C. A privilege and a right Right - Powers of free action

- Inherent in one person and incident upon another - Already given. - Right to breathe Privilege - Granted by the state only to those deserving individuals - Nature of franchise - Right to practice law - others enumerated in the code of professional responsibility Privileges of an attorney 1. He has the right and privilege to practice law before any judicial, quasijudicial and Administrative tribunal 2. Enjoys the presumption of regularity in the discharge of his functions 3. Immunity from liability to 3rd person in the performance of his obligation to his client 4. His statements are privileged 5. He has the right to protest in a respectful manner 6. Eligibility for any position in the classified service in the government Negotiation - is defined as the process of submission and consideration of offers until acceptable offer is made and accepted. Essential elements in negotiation are: Proposals, counter proposals, reconsiderations, compromise, advice to clients, clients instruction to counsel. Conciliation - refers to the adjustment and settlement of a dispute in a friendly, unantagonistic manner Disbarment - is the act of the court in withdrawing from an attorney the right to practice law. It is an administrative proceedings instituted to revoked the license of the lawyer to practice his profession by reason of misconduct. Suspension - is the act of the court prohibiting an attorney from practicing law for a certain period. It is sometimes referred to as qualified disbarment because the lawyer is temporarily deprived of his right to practice his profession. Common grounds: 1. Deceit; 2. malpractice or other gross misconduct in office; 3. grossly immoral conduct; 4. conviction of a crime involving moral turpitude; 5. violation of oath of office; 6. willful disobedience of any lawful order of any superior court; or

7. corrupt or willful appearance as an attorney for a party to a case without authority to do so. A lawyer has the right, after due notice, to be heard and defend himself in suspension proceedings. In disbarment proceedings, he should be allowed reasonable time to make his defense. The Supreme Court may reinstate an attorney at law who has been disbarred for reasons and upon assurances satisfactory to the court that he has reformed himself. D. Standards of Legal Profession A. Independence - Lawyers relation to his client Lawyer must represent his client w/ zeal w/in the bounds of the law - Lawyers owes entire devotion and loyalty to his client B. Accessibility - Readily available of services to the people - services must be made available at the earliest possible time and not when a case was already in court C. Learning - A lawyer must service his client with competence and diligence - MCLE Diligence - to pay careful attention to something Competence - indicates sufficiency of knowledge and skills BAR MATTER NO. 850 [August 22, 2000] MANDATORY CONTINUING LEGAL EDUCATION (MCLE) ADOPTING THE RULES ON MANDATORY CONTINUING LEGAL EDUCATION FOR MEMBERS OF THE INTEGRATED BAR OF THE PHILIPPINES EN BANC RESOLUTION Considering the Rules on Mandatory Continuing Legal Education (MCLE) for members of the Integrated Bar of the Philippines (IBP), recommended by the IBP, endorsed by the Philippine Judicial Academy, and reviewed and passed upon by the Supreme Court Committee on Legal Education, the Court hereby resolves to adopt, as it hereby adopts, the following rules for proper implementation: RULE 1: PURPOSE Section 1. Purpose of the MCLE

Continuing legal education is required of members of the Integrated Bar of the Philippines (IBP) to ensure that throughout their career, they keep abreast with law and jurisprudence, maintain the ethics of the profession and enhance the standards of the practice of law. a. What is MCLE? Credit Units - The measure of compliance with the MCLE requirement under the Rules based on the category of the lawyers participation in the MCLE activity. Credit Hours - Actual time spent in an education activity (actual instruction, speaking time or participation) computed in hours to the nearest one-quarter hour (15 minutes) reported in decimals. b. Minimum Education Requirement Every member of the IBP must complete at least thirty-six (36) credit units of mandatory continuing legal education (MCLE) every three (3) years during the compliance period. The subjects are divided as follows: MCLE Subjects: Credit Units a. Legal Ethics b. Trial and Pre-Trial Skills c. Alternative Dispute Resolution d. Updates on Substantive and Procedural Jurisprudence e. Legal Writing and Oral Advocacy f. International Law and International Conventions g. MCLE Prescribed Subjects 1. Technology and the Law 2. Law and Economics 3. Environmental Law 4. International Legal Processes 5. Transnational Business Transactions 6. Law Reforms in Specific Areas 7. Law as a Means of Social Control c. Compliance Period The initial compliance period shall be from April 15, 2001 up to April 14, 2004. All succeeding compliance periods shall begin the day after the end of the preceding compliance period. The initial compliance period for members newly admitted or readmitted to the IBP shall begin on the first day of the month of admission or readmission and end on the same day as that of all other members. d. Computation of Credit Units

Laws

and

Credit units will be given only for the time spent in legal education activities which have been previously approved by the Committee and conducted by an accredited provider. Every approved education activity shall be conducted for at least one hour. However, if it should exceed one hour, one-half credit unit shall be given for every half hour beyond the initial hour. e. Compliance Procedure I. Each member shall secure from the MCLE Committee a Compliance Card before the end of his compliance period. II. The member shall complete the card by attesting under oath that he has complied with the education requirement or that he is exempt. III. Such compliance card must be returned to the Committee not later than the day after the end of the members compliance period. f. What Constitutes Non-Compliance I. Failure to complete the education requirement within the compliance period; II. Failure to provide attestation of compliance or exemption; III. Failure to provide satisfactory evidence of compliance within the prescribed period; IV. Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice; V. Failure to pay non-compliance fee within the prescribed period; VI. Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. * Members failing to comply will receive a Non-Compliance Notice and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. ** Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. *** Credit units earned during the sixty (60) day period may only be counted toward compliance with the prior compliance period requirement unless units in excess may be counted toward meeting the current compliance period requirement.

g. Consequences of Non-Compliance 1. A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired shall be listed as a delinquent member of the IBP and shall not be permitted to practice

law until such time as adequate proof of compliance is received by the MCLE Committee. 2. A member who shall be listed as delinquent shall pay a noncompliance fee of P1,000. 3. Reinstatement for Members Declared as Delinquent 4. A member involuntarily listed as delinquent shall only be reinstated upon proof of compliance with the MCLE requirement, including payment of compliance fee.