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    This document outlines the key ethical standards and guidelines that attorneys and judges must follow. It discusses 9 sources of ethical standards for attorneys, including codes of conduct, constitutions, and court rules. Additionally, it provides 4 essential criteria for what constitutes the practice of law: it must be habitual, require legal knowledge, involve compensation, and include an attorney-client relationship. Finally, it states that the practice of law is a privilege, not a right, and is a profession rather than a business.

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    This document outlines the key ethical standards and guidelines that attorneys and judges must follow. It discusses 9 sources of ethical standards for attorneys, including codes of conduct, constitutions, and court rules. Additionally, it provides 4 essential criteria for what constitutes the practice of law: it must be habitual, require legal knowledge, involve compensation, and include an attorney-client relationship. Finally, it states that the practice of law is a privilege, not a right, and is a profession rather than a business.

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    This document outlines the key ethical standards and guidelines that attorneys and judges must follow. It discusses 9 sources of ethical standards for attorneys, including codes of conduct, constitutions, and court rules. Additionally, it provides 4 essential criteria for what constitutes the practice of law: it must be habitual, require legal knowledge, involve compensation, and include an attorney-client relationship. Finally, it states that the practice of law is a privilege, not a right, and is a profession rather than a business.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    30 views2 pages

    Bale Img

    Uploaded by

    sectionbcoe
    This document outlines the key ethical standards and guidelines that attorneys and judges must follow. It discusses 9 sources of ethical standards for attorneys, including codes of conduct, constitutions, and court rules. Additionally, it provides 4 essential criteria for what constitutes the practice of law: it must be habitual, require legal knowledge, involve compensation, and include an attorney-client relationship. Finally, it states that the practice of law is a privilege, not a right, and is a profession rather than a business.

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    Legal Ethics is a branch of moral science which treats of the duties which an attorney owes

    1. to the court,
    2. to his client,
    3. to his colleagues in the profession and to the public as embodied in the Constitution,
    4. Rules of Court,
    5. the Code of Professional Responsibility,
    6. Canons of Professional Ethics,
    7. jurisprudence,
    8. moral,
    9. law and special laws (Justice George Malcolm).
    Sources of ethical standards for the Judiciary

    1. Code of Professional Responsibility


    2. Constitution
    3. Rules of Court
    4. New Code of Judicial Conduct for the Philippine Judiciary
    5. Other personnel – Code of Conduct for Court Personnel
    6. Decisions/Resolutions of the Supreme Court
    7. Supreme Court Circulars
    8. Order/Resolution of other courts
    9. IBP Issuances
    10. Treatises and Publications

    The practice of law is any activity, in or out of court, which requires the
    1. application of law,
    2. legal procedure,
    3. knowledge,
    4. training and experience.

    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 [Cayetano v. Monsod, G.R. No. 100113 (1991)].

    NOTE: A lawyer who is a detention prisoner is not allowed to practice his profession as a necessary consequence of
    his status as a detention prisoner. All prisoners whether under preventive detention or serving final sentence cannot
    practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in
    detention. This is a necessary consequence of arrest and detention (People v. Maceda, G.R. Nos. 89591-96, January
    24, 2000).

    ESSENTIAL CRITERIA DETERMINATIVE OF ENGAGING IN THE PRACTICE OF LAW (Taken from Justice
    Padilla’s dissent in Cayetano vs. Monsod).

    Code: H-A-C-A
    1. Habituality. Practice of law implies customarily or habitually holding himself out to the public as a lawyer.
    Practice of law is more than an isolated appearance for it consists in frequent or customary action.

    2. Application of law, legal principle, practice, or procedure which calls for legal knowledge, training and
    experience.

    3. Compensation. Practice of law implies that one must have presented himself to be in the active practice and
    that his professional services are available to the public for compensation, as a source of his livelihood or in
    consideration of his said services.

    4. Attorney-client relationship. Engaging in the practice of law presupposes the existence of lawyer-client
    relationship. Hence, where a lawyer undertakes an activity which requires knowledge of law but involves no
    attorney-client relationship, such as teaching law or writing law books or articles, he cannot be said to be
    engaged in the practice of his profession as a lawyer.

    PRIVILEGE
    The practice of law is not a natural, property or constitutional right but a mere privilege. It is not a right granted to
    anyone who demands it but a privilege to be extended or withheld in the exercise of sound judicial discretion. It is a
    privilege accorded only to those who measure up to certain rigid standards of mental and moral fitness.

    PROFESSION, NOT BUSINESS


    The legal profession is not a business. It is not a money-making trade similar to that of a businessman employing a
    strategy for the purpose of monetary gain. It is a sacred profession imbued with public interest whose primary objective
    is public service, as it is an essential part in the administration of justice and a profession in pursuit of which pecuniary
    reward is considered merely incidental.

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