LEGAL PROFESSION (Course Syllabus) A. THE LEGAL PROFESSION 1. Supervision and Control a.

Const Art VIII Sec 5(5) b. Const Art XII Sec 14 c. Power to Integrate the Philippine Bar (In the Matter of IBP, 1973) d. In re Cunanan (1954) B. THE PRACTICE OF LAW 1. Cayetano v Monsond (1991) 2. Admission to the Practice of Law (BAR 95,97,04,05) 3. Qualification 4. Appearance of Non Lawyers a. Law Student Practice b. Non-Lawyers in Court and Administrative Bodies 5. Rules Regarding Practice of Law of Certain Public Officials a. Public Officials Who Cannot Practice Law b. Public Officials with Restrictions in the Practice of Law 6. Remedies Against Unauthorized Practice of Law 7. Lawyers Oath (BAR:91,96,03,06,09) a. Importance of Lawyers Oath C. PRIVILEGES AND DUTIES OF A LAWYERS 1. Privileges of an Attorney 2. Four-Folds Duties of a Lawyer 3. Specific Duties of a Lawyer 4. Duty of Counsel de Officio 5. Duty of a Private Prosecutor CODE OF PROFESSIONAL RESPONSIBILITY (Memorize Canons 1-22) 6. The Lawyer and the Society 1. Respect for the Law and Legal Processes (BAR: 93,94,98,01,10) a. Maintenance b. Barratry c. Ambulance Chasing d. Santiago v Hidalgo 448 SCRA 282 e. Sicat v Ariola 456 SCRA 93 f. Estrada v Sandiganbayan 416 SCRA 465 2. Rendition of Available and Efficient Legal Service (BAR: 97, 05) 3. True, Honest, Fair and Objective Information in Making Known the Legal Service (BAR: 93, 94,96,97,98,01,02,03,10) a. Rationale behind the Prohibition b. Advertising and Solicitation c. Allowable Manner of Advertising Legal Service d. Khan v Simbillo 409 SCRA 299 e. Dacanay v Baker and McKenzie 136 SCRA 349 4. Participate in the Improvement of Legal System 5. Participation in the Legal Education Program a. Three Fold Obligation of a Lawyer 6. Applicability of CPR to Lawyers in Government Service (BAR:92,93,00,01,06) a. Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713 Sec 4(A)
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7. The Lawyer and the Legal Profession a. Uphold the Integrity and Dignity of the Profession and Support the Activities of the IBP i. Integrated Bar of the Philippines ii. Letter of Atty Cecilio Arevalo 458 SCRA 209 b. Observe Courtesy, Fairness and Candor Toward his Colleagues and Avoid Harassing Tactics (BAR: 95,97,01,05,06) c. Unauthorized Practice of Law 8. The Lawyers Duty to the Courts a. Observance of Candor, Fairness and Good Faith to the Courts (BAR: 94, 00) i. Young v Batuegas 403 SCRA 123 b. Observe Respect due to the Courts (BAR:93,96,97,10) i. In Re Sotto 82 Phil 595 ii. In Re Almacen (1970) c. Assists in the Speedy and Efficient Administration of Justice (BAR:91,96.97,9802,03,09) i. Const Article 3, Section 6 ii. Rule 138 Sec 20(g) d. Avoid Impropriety that Tends to Influence the Court (BAR:94,97,00,01,03) 9. The Lawyers Duty to the Client a. Attorney-Client Relationship i. Nature of Relation b. Not Refuse Services to the Needy (BAR:90,93,00,02,06) i. Right to Decline Employment ii. Duty to Decline Employment iii. Ethical Consideration in Taking a Bad Case iv. Amici Curiae/Counsel de Officio (BAR: 91,3,94,96,97,99,00,01,02,04,05,06,07,08) c. Observe Candor, Fairness, and Loyalty in his Dealings and Transactions with his Clients i. Conflict of Interest ii. Test in Determining Conflict of interest iii. Effect of Representing Adverse Interest d. Hold in Trust all the Money and Property of this Client that may Come to his Possession i. When Rules is not Applicable e. Owes Fidelity to the Cause of this Client and be Mindful of the Trust and Confidence Reposed in Him i. Privilege Communication (BAR: 98,05,06) ii. Conflict of Interest (BAR: 91,92,93,94,97,99,00,01,02,04,05,06,09) f. Serve Client with Competence and Diligence (BAR: 98,01,02,05) i. Duty to Protect the Clients Interest 1. Dalisay v Atty Mauricio A.C 5655, April 2005 ii. Preparation of Pleadings of the Client iii. Duty to Keep the Client Fully Informed iv. Doctrine of Imputed Knowledge 1. When Not Applicable v. Duty when the Court intends to Plead Guilty vi. Duty to Comply with the Clients Lawful Request
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g. Represent Client with Zeal and within the Bounds of the Law (BAR: 94,97,01,03) i. Duty to Restrain Client from Impropriety ii. Duty to Advice Candidly iii. Duty of Lawyer in Case of Knowledge of Clients Fraud iv. Authority of the Lawyer v. Presumption of Authority vi. Authority to Compromise vii. Authority to Conduct Litigation viii. Mistakes or Negligence of Lawyer Binding Upon Client h. Charge only Fair and Reasonable Fees i. Attorneys Fees (BAR:90,91,92,94,95,97,98,06,07,08) ii. Quantum Merit iii. Retainer iv. Contingent Fee (BAR:00,01,02,06) v. Contingent Contract vi. Champertous Contract vii. Attorneys Lien viii. Charging Lien ix. Retaining Lien (BAR:92.95,96,98,00,09) i. Privilege Communication (BAR:98,06) i. Lawyer as Witness j. Withdrawal of Services (BAR:94,95,96,97,98,00,01,04,05) i. Termination of Attorney-Client Relationship ii. Discharge of the Attorney by the Client D. LIABILITES OF A LAWYER 1. Liability for Damages 2. Liability for Breach of Fiduciary Obligation 3. Liability for Cost of Suit 4. Criminal Liability 5. Contempt of Court E. BAR DISCIPLINE 1. Power to Discipline Errant Lawyer 2. Form of Disciplinary Measure 3. Suspension, Disbarment and Reinstatement (BAR:91,92,93,94,95,96,98,99,00,01,02,03,04,05,06,07,09) a. Grounds b. Breach of Duties to the Court, Client, Bar c. Grievance Procedure F. MANDATORY CONTINUING LEGAL EDUCATION (BAR MATTER 850) (BAR: 03,06) 1. Requirements of Completion 2. Parties Exempted from MCLE

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