BLJE MIDTERMS Flashcards
(55 cards)
1
Q
Where can you find the rules on Law Student Practitioners
A
- Rule 138-A of the Rules of Court
- Revised Law Student Practice Rule 2019
2
Q
Five goals of the limited practice of law by law students
A
- Immersion re: law
- Access to justice of the marginalized sectors
- Enhancement learning opportunities
- Instillation of professional social responsibility
- Preparation for the practice of law
3
Q
What can you do as an LSP
A
- Appearances before trial and appellate courts and quasi-judicial and administrative bodies
- Drafting of pleadings and documents
- Assistance in mediation and ADR
- Legal counselling and advice
- Others covered by the legal clinic of law school
4
Q
Eligibility Requirements for Level 1 Certification
A
Successfully completed their 1st year law courses
5
Q
Eligibility Requirements for Level 2 Certification
A
- Enrolled for the 2nd semester of their 3rd year law courses.
- Should he fail to 3rd year courses, the Level 2 certification shall be revoked
6
Q
Validity of the certification?
A
Until the student has completed the required number of courses in CLEP, unless earlier revoked.
7
Q
Practice area for level 1 LSP
A
- Negotiate on behalf of client,
- Represent and practice before quasi judicial,
- Provide public legal orientation,
- Assist in public interest advocacies
8
Q
Practice area for level 2 LSP
A
- Level 1 actvities
- Assist in deposition and/or preparing judicial affidavits,
- Appear at any stage of the proceedings or trial, before any court, quasi-judicial or administrative bodies,
- Subject to provisions of Section 5, Rule 110 of the ROC, to appear on behalf of a government agency in the prosecution
9
Q
Application Requirements
A
- Duly-accomplished application form under oath
- Three copies of the form
- Proof of payment of necessary legal and filing fee
10
Q
Duties of the LSP
A
- Observe provisions of Section 24b of ROC (rule on privileged communication)
- Prohibited from using information for personal or commercial gain
- Perform their duties to the best of their abilities
- Observe the Canons of the CPRA
11
Q
Use of the LSP Name
A
- May sign pleadings, letters, and other similar documents under the direction of the SL
- Must indicate LSP certificate number
12
Q
Duties of Law School
A
- Develop CLEP
- Establish a legal clinic in its school
- Endorse qualified students for certification. Applicant is a student enrolled in CLEP course, good moral character, and met the requirements
- Ensure compliance by LSP and Supervising lawyers of CPR
13
Q
Duties of SL:
A
- Supervise a practicable number of LSP
- Appear with the LSP in all cases pending before 2nd level Courts and in all other cases where he deems his presence to be required
- Assume responsibility for any work done
- Advice certified LSP in activities
- Read, approve and personally sign any pleadings
- Provide a level of supervision as required
14
Q
Sanctions
A
- Engaging in LSP activities without certification or without consent of supervising lawyer
- False representations/fraud in the application for certification
- Using expired certifications
- Rendering legal services outside the scope of the practice areas allowed under Section 4.
- Asking and receiving payment or compensation.
15
Q
Legal ethics:
A
A branch of moral science which deals of the duties an attorney to the court, to his client, to his colleagues
16
Q
Responsibility vs. Accountability
A
R: Someone’s duty to carry out a task to completion
A: Refers to what happens after something has happened. To be answerable to the consequences of our action and inaction.
17
Q
Core of legal ethical values
A
Integrity: probity + moral uprightness
18
Q
7 Canons
A
- Independence
- Propriety
- Fidelity
- Competence
- Diligence
- Equality
- Accountability
19
Q
Recite Canon I Section 1
A
Independent, accessible, efficient and effective legal service.
20
Q
Recite Canon I Section 2
A
- Solely on the merits of a cause and
- Not exert any influence on the court.
21
Q
Recite Canon I Section 5
A
- Not allow the client to dictate the procedure in handling the case
- Respect client’s decision for settlement or compromise
22
Q
Canon II Section 4
A
- Use of dignified, gender-fair, and child- and culturally-sensitive language.
- No use of abusive, intemperate, offensive and other improper language
23
Q
Canon II Section 7
A
- Observe formal decorum before all courts.
- Attire shall be consistent with the dignity of the court with due respect to the person’s sexual orientation, gender identity, and gender expression.
24
Q
Canon II Section 18
A
Not make public statements in relation to a terminated case or legal matter for the purpose of self-promotion, self- aggrandizement, or to seek public sympathy.
25
Canon II Section 24
1. A lawyer shall not encroach upon or interfere in the professional engagement of another lawyer. E.g., communicate, negotiate, or deal with the person represented by another lawyer
2. May give proper advice and assistance to anyone seeking relief against neglectful counsel
26
Canon II Section 26
1. A law firm is any private office, partnership, or association, exclusively comprised of a lawyer or lawyers engaged to practice law, and who hold themselves out as such to the public.
2. No false, misleading, or assumed name shall be used.
3. The continued use of the name of a deceased, incapacitated, or retired partner is permissible provided that the firm indicates in all its communications that said partner is deceased, incapacitated, or retired.
27
Responsible Use of Social Media
A lawyer shall uphold the dignity of the legal profession in all social media interactions in a manner that enhances the people’s confidence in the legal system, as well as promote its responsible use
28
Canon II Section 36
A lawyer shall have the duty to understand the benefits, risks, and ethical implications associated with the use of social media.
29
Canon II Section 37
A lawyer shall ensure that his or her online posts uphold the dignity of the legal profession and shield it from disrepute
30
Canon II Section 38
A lawyer shall not knowingly or maliciously post and share disinformation.
31
Canon II Section 39
A lawyer shall not create or operate accounts in social media that circumventing the law or the provisions of the CPRA
32
First paragraph of the Lawyer's Oath
I do solemnly swear that I accept the honor, privilege, duty, and responsibility of practicing law in the Philippines as an officer of the court in the interest of our people
33
Second paragraph of the Lawyer's Oath
I declare fealty to the Constitution of the Republic of the Philippines. In so doing, I shall work towards promoting the rule of law in a regime of truth, justice, freedom, love, equality, and peace
34
Third paragraph of the Lawyer's Oath
I shall conscientiously and courageously work for justice as well as safeguard the rights and meaningful freedoms of all persons, identities, and communities. I shall ensure greater and equitable access to justice
35
Fourth paragraph of the Lawyer's Oath
I shall do no falsehood, nor shall I pervert the law to unjustly favor or prejudice anyone.
36
Fifth paragraph of the Lawyer's Oath
I shall faithfully discharge these duties and responsibilities to the best of my ability, with integrity and utmost civility.
37
Sixth paragraph of the Lawyer's Oath
I impose upon myself without mental reservation nor purpose of evasion so help me God.
38
Practice of law as per Cayetano v. Monsod
1. Any activity in or out of court which requires the application of law, legal, procedure, knowledge, training and experience.
2. Frequent and customary actions
3. Demanding payment
39
Three principal types of activities of the practice of law as per Cayetano v. Monsod
1. Legal advice and counselling
2. Preparation of legal documents and contracts
3. Representation in Court and other agencies
40
Four things determinative of engaging in the practice of law
1. Habituality
2. Compensation
3. Application of the law
4. Attorney-client relationship
41
Practice of law as per Canon III
The practice of law is the rendition of legal service or performance of acts or the application of law, legal principles, and judgment, in or out of court, with regard to the circumstances or objectives of a person or a cause, and pursuant to a lawyer-client relationship or other engagement governed by the CPRA. It includes employment in the public service or private sector and requires membership in the PH bar as a qualification
42
Facts and ruling in regarding Argosino
Facts: Homicide charged against Argosino for the death of a neophyte due to severe physical injuries due to hazing
Held: The practice of law is not a natural, absolute or constitutional right to be granted to everyone who demands it. A high personal privilege limited to citizens of good moral character, with special educational qualifications, duly ascertained and certified
43
Lesson in Zamora v. Gallanosa
Lawyers should not advertise their talents as merchants advertise their wares. Dignified manner when you advertise.
44
Persons entitled to practice law
Section 1 of Rule 138 of the RoC:
1. Admission to the bar
2. Maintenance of good and regular standing
45
What does it mean to be "admitted to the bar"
1. Proof of educational, moral and other qualifications
2. Passing the bar
3. Taking the Lawyer's Oath before the SC
4. Signing in Roll of Attorneys
46
Six standards under "educational, moral, and other qualifications"
1. Filipino citizen
2. 21 years old
3. Resident of the PH
4. Regularly study law for (at least) four years
5. Completed high school and undergrad
6. Certificate of GMC and not charged with a crime nor pending case
47
May bar applicants who graduated law from foreign jurisdictions take the Bar Examinations in the Philippines.
Yes. Bar Matter 1153 as Amended by Section 5 and 6 of the ROC. Provided three requisits:
1. Completion of the JD courses
2. Recognition of law school by proper authority
3. Completed all four years subject in a PH government recognized school
48
Six standards to be "in good and moral standing"
1. Remain a member of the IBP
2. Payment of IBP dues and professional tax
3. Observe the CPRA
4. Subjected to continuous judicial disciplinary control
5. MCLE every three years
49
T/F public officials are prohibited to practice privately
True
50
Three reasons why public officials are prohibited?
1. Public trust in public office
2. To avoid conflict of interest
3. Assure public of impartiality
51
Two kinds of prohibition
1. Absolute. Never practice
2. Limited. Can sometimes engage
52
Who are the five people who are absolutely prohibited from practicing privately
1. Judges and other officials of the Court
2. Governors, city, and municipal mayors
3. President, VP, Members of the cabinet and their deputies
4. Members of the Constitutional Commission
5. Civil service officers and employees
53
Who are allowed to limitedly practice privately
1. Members of the Legislature
2. Members of the Sangguinian. Any civil case involving the government as the adversary, criminal case involving an officer of the LGU. Cannot collect fees. Cannot use government property.
3. CSO whose duty does not require his entire time at the disposal of the government
54
Four instances when a non-lawyer may practice law
1. First level courts: friend or agent of the party-litigant (Section 34, Rule 138 ROC)
2. Criminal proceedings in the MTC (Section 7, Rule 116 ROC)
3. Students enrolled in a legal clinic (Section 138A)
4. Cases before the national labor relations commissions
55
Four limitations of a non-lawyer in his practice of law
1. Non adversarial contention
2. Not purely legal work
3. Not habitual
4. Should not collect fees
