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    PRACTICE OF LAW Involves Any Activity in or Out of Court, Which Requires The Application of Laws, Legal Procedure, Knowledge, Training and Experience

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    Joel G. Ayon
    The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.

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    PRACTICE OF LAW Involves Any Activity in or Out of Court, Which Requires The Application of Laws, Legal Procedure, Knowledge, Training and Experience

    Uploaded by

    Joel G. Ayon
    55 views15 pages
    The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.

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    The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    55 views15 pages

    PRACTICE OF LAW Involves Any Activity in or Out of Court, Which Requires The Application of Laws, Legal Procedure, Knowledge, Training and Experience

    Uploaded by

    Joel G. Ayon
    The practice of law is considered a privilege rather than a proprietary right. While it is a privilege subject to regulations and conditions, lawyers cannot be prevented from practicing once qualified except for valid reasons determined by the Supreme Court. Specifically, lawyers can practice when in good standing and only be deprived of the privilege for misconduct established by a Supreme Court judgment after being afforded due process.

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    PRACTICE OF LAW involves any

    activity in or out of court, which


    requires the application of laws,
    legal procedure, knowledge,
    training and experience.
    CAYETANO VS. MONSOD
    ULEP v THE LEGAL CLINIC, INC.
    A.C. No. L-553, June 17, 1993.

    “Legal Support Services”

    Legal support services basically consists of giving ready information by


    trained paralegals to laymen and lawyers, which are strictly non-diagnostic,
    non-advisory, through the extensive use of computers and modern
    information technology in the gathering, processing, storage, transmission
    and reproduction of information and communication, such as computerized
    legal research; encoding and reproduction of documents and pleadings
    prepared by laymen or lawyers; document search; evidence gathering;
    locating parties or witnesses to a case; fact finding investigations; and
    assistance to laymen in need of basic institutional services from government
    or non-government agencies, like birth, marriage, property, or business
    registrations; educational or employment records or certifications, obtaining
    documentation like clearances, passports, local or foreign visas; giving
    information about laws of other countries that they may find useful, like
    foreign divorce, marriage or adoption laws that they can avail of preparatory
    to emigration to the foreign country, and other matters that do not involve
    representation of clients in court; designing and installing computer
    systems, programs, or software for the efficient management of law offices,
    corporate legal departments, courts and other entities engaged in
    dispensing or administering legal services.
    RULING:

    • Respondent corporation gives out legal


    information to laymen and lawyers. XXX With
    its attorneys and so called paralegals, it will
    necessarily have to explain to the client the
    intricacies of the law and advise him or her
    on the proper course of action to be taken as
    may be provided for by said law. That is what
    its advertisements represent and for which
    services it will consequently charge and be
    paid. That activity falls squarely within the
    jurisprudential definition of "practice of law."
    • The fact that the corporation employs
    paralegals to carry out its services is not
    controlling. What is important is that it is
    engaged in the practice of law by virtue of
    the nature of the services it renders which
    thereby brings it within the ambit of the
    statutory prohibitions against unacceptable
    advertising.
    CHARACTERISTICS OF THE PRACTICE
    OF LAW

    • Practice of law is not a proprietary right, but a


    mere privilege.

    • Practice of law is a noble profession, not a


    money-making venture.

    • Legal practice is impressed with public


    interest.
    1. PRACTICE OF LAW IS NOT A
    PROPRIETARY RIGHT, BUT A MERE
    PRIVILEGE.
    Maniago v. de Dios
    A.C. No. 7472, 30 March 2010
    RULING:

    The lifting of a lawyers suspension is not


    automatic upon the end of the period
    stated in the Court’s decision, and an
    order from the Court lifting the suspension
    at the end of the period is necessary in
    order to enable [him] to resume the
    practice of his profession.
    It must be remembered that the practice of
    law is not a right but a mere privilege and, as
    such, must bow to the inherent regulatory
    power of the Supreme Court to exact
    compliance with the lawyer’s public
    responsibilities. That the practice of law is a
    mere privilege and not a property right is
    clear from the fact that the termination of
    the period of suspension does not ipso
    facto permit the lawyer to practice law but
    must first submit the required
    certifications to and pass through
    evaluation.
    In the Matter of the IBP Membership Dues
    Delinquency of Atty. MARCIAL A. EDILION
    (In re: Edillon)
    A.M. No. 1928 August 3, 1978

    The respondent argues, among others, that the


    removal from the Roll of Attorneys due to non-
    payment of IBP dues would amount to a
    deprivation of property without due process and
    hence infringes on one of his constitutional
    rights.
    The practice of law 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.

    If the power to impose the fee as a regulatory


    measure is recognized, then a penalty
    designed to enforce its payment, which
    penalty may be avoided altogether by
    payment, is not void as unreasonable or
    arbitrary.
    Letter of Atty. Cecilio Y. Arevalo, Jr.,
    requesting exemption from payment of
    IBP dues (In re: Arevalo)
    B.M. No. 1370. May 9, 2005

    This is a request for exemption from


    payment of the Integrated Bar of the
    Philippines (IBP) dues filed by petitioner
    Atty. Cecilio Y. Arevalo, Jr.
    Philipine Lawyers Association vs. Agrava
    105 Phil 273 (1959), G.R. No. L-12426
    16 February 1959
    It is a right in the sense that once qualified,
    after passing the bar examinations, after
    having taken his oath as a lawyer and after
    signing the roll of attorneys, a lawyer cannot
    just be prevented to practice law before any
    judicial, quasi-judicial or administrative body,
    except for valid reasons to be determined by
    the Supreme Court. He could practice his
    profession when in good standing and can
    only be deprived of it for misconduct
    ascertained and declared by judgment of the
    Supreme Court after opportunity to be heard
    has been afforded him.
    Practice of Law is not a property right but a mere
    privilege that could be subject of regulations and
    conditions. (Maniago v. de Dios; In re Edillon; and In
    re Arevalo). However, to some extent, it is a right in
    the sense that once qualified, a lawyer cannot just
    be prevented to practice law because of some
    qualifications or requirements imposed by any
    agency of government. Hence, while the practice
    of law is only a privilege, a lawyer cannot be
    prevented from practicing law except for valid
    reasons to be determined by the Supreme Court.
    He could practice his profession when in good
    standing and can only be deprived of it for
    misconduct ascertained and declared by judgment
    of the Supreme Court after opportunity to be heard
    has been afforded him. (Phil Lawyers Assn v.
    Agrava)

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